Terms of Service
Last Updated October 7, 2019
These PromoPrep Terms of Service (this “Agreement”) are entered into by PromoPrep LLC (“PromoPrep”) and the entity executing this Agreement (“You” or “Customer”). This Agreement governs Your use (a “User”) of the PromoPrep (the “Service”). This Agreement permits you to create and configure an Account and invite other Users to join. If you have been invited to an Account created by a Customer, you acknowledge and agree that the Customer owns all content that you submit or upload to the Services and controls your use of the Services in accordance with applicable local laws, including but not limited to adding or removing you from an Account, enabling or disabling third-party integrations, managing permissions, and accessing, modifying, or removing content that you submit or upload to the Services. BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. In consideration of the foregoing, the parties agree as follows:
“Account” refers to the billing account for the Service. Fees will be aggregated for all User Profiles linked to a single Account before determining any charge for the Service for that Account, if applicable.
“Confidential Information” includes any proprietary data and any other information disclosed by one party to the other in writing and marked “confidential” or disclosed orally and, within five business days, reduced to writing and marked “confidential”. However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party’s possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information.
“Customer Data” or “PromoPrep Data” means the data You transfer, collect, process or store using the Service.
“Documentation” means any accompanying documentation made available to You by PromoPrep for use with the Software, including any documentation available online.
“Platform” means the user interface through which You can access certain PromoPrep Platform-level functionality.
“Software” means the PromoPrep server-side software and any upgrades to functionality within the platform.
“Profile” means the collection of settings that together determine the information to be included in, or excluded from, a particular users access to the software. There can be multiple Profiles established under a single account.
“Report” means any resulting analysis shown for an account.
“Servers” means the servers controlled by PromoPrep (or its wholly owned subsidiaries) on which the Software and Customer Data are stored.
“Third Party” means any third party (i) to which You provide access to Your Account or (ii) for which You use the Service to collect information on the third party’s behalf.
“User” means users of the Service under Customer’s account.
The words “include” and “including” mean “including but not limited to.”
2. Fees and Service.
Subject to the terms of this agreement, the Service is provided based on the Plan type selected during the Account creation process. The Service is provided without charge to You as a “Starter Plan” Account. Additional user profiles as well as access to enhanced platform features, are available to You as a “Premium Plan” Account, in accordance with the fees published for the Service and terms of the PromoPrep Paid Account Agreement, dependent on Your Plan type. PromoPrep may change its fees and payment policies for the Service from time to time including the addition of costs for technology development, data, or other fees charged to PromoPrep by third party vendors for the software. The changes to the fees or payment policies are effective upon Your acceptance of those changes, which will be posted at PromoPrep.com. Unless otherwise stated, all fees are quoted in U.S. Dollars.
3. Member Account, Password, and Security.
To register for the Service, You must complete the registration process by providing PromoPrep with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You will protect Your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You will notify PromoPrep immediately upon learning of any unauthorized use of Your Account or any other breach of security. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. PromoPrep will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by PromoPrep or a third party due to someone else using your account. PromoPrep’s support staff may, from time to time, log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues.
4. Nonexclusive License And Our Proprietary Rights
Subject to the terms and conditions of this Agreement, (a) PromoPrep grants You a limited, revocable, non-exclusive, non-sublicensable license to use the software solely as necessary for You to use the Service on Your Account of third party’s Account; and (b) You may remotely access, view and download reports within the platform. You will not (and You will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; or (vi) use data labeled as belonging to a third party in the Service without their consent. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, and Service.
The Services are fully owned and operated by PromoPrep and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by PromoPrep and its partners, as well as other sources, and is protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Services are also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by PromoPrep and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of PromoPrep and such others. You agree to protect the proprietary rights of PromoPrep and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by PromoPrep of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify PromoPrep immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and PromoPrep, at all times be and remain the sole and exclusive property of PromoPrep. Any unauthorized use of any material contained on or through the Services may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
6. Information Rights and Publicity.
You must not circumvent any privacy features that are part of the Service. You will comply with all applicable PromoPrep policies as modified from time to time (the “PromoPrep Policies”).
To the extent permitted by applicable law, You will indemnify, hold harmless and defend PromoPrep, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against PromoPrep or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by PromoPrep or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Reports; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Service, the Software or Reports. PromoPrep will provide You with written notice of any claim, suit or action from which You must indemnify PromoPrep. You will cooperate as fully as reasonably required in the defense of any claim. PromoPrep reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
9. Third Parties.
If You use the Service on behalf of the Third Party or a Third Party otherwise uses the Service through Your Account, whether or not You are authorized by PromoPrep to do so, then You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement, (b) PromoPrep may share with the Third Party any Customer Data that is specific to the Third Party’s Properties, and (c) You will not disclose Third Party’s Customer Data to any other party without the Third Party’s consent.
PromoPrep does not warrant or support any third party service (e.g., a third party service that utilizes PromoPrep in connection with Customer’s use of the Service) and will not be responsible for any act or omission on the part of such third party or its service.
10. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, PROMOPREP MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
11. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROMOPREP WILL NOT BE LIABLE FOR Your LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF PROMOPREP OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. PROMOPREP’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $100 (USD).
12. Proprietary Rights Notice.
The Service, which includes the Software and all Intellectual Property Rights therein are, and will remain, the property of PromoPrep. All rights in and to the Software not expressly granted to You in this Agreement are reserved and retained by PromoPrep and its licensors without restriction, including, PromoPrep’s right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Service or Software outside of the scope of the license granted in this Agreement; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) rent, lease, sell, assign or otherwise transfer rights in or to the Software or the Service; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; (e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of PromoPrep; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with PromoPrep other than in the name of PromoPrep, as the case may be); (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service; or (h) seek, in a proceeding filed during the term of this Agreement or for one year after such term, an injunction of any portion of the Service based on patent infringement.
PromoPrep may incorporate into the Service any suggestions or feedback received from the Customer without any obligation to Customer and any such modifications to the Service shall be the sole and exclusive property of PromoPrep. PromoPrep may also share and publish aggregate, anonymized data about the use of our Service by our customers.
13. Term and Termination.
Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, PromoPrep will stop providing, and You will stop accessing the Service. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) all of Your Account data will no longer be available to You.
In addition to any other remedies that may be available to us, PromoPrep reserves the right to immediately suspend or terminate your account or your access to the Services upon notice and without liability for PromoPrep should you fail to abide by the terms of this agreement. If you are a third party user, PromoPrep reserves the right to notify the account owner of any violations of this agreement, and the Account owner retains the right to terminate your access to the account for any reason.
14. Modifications to Terms of Service and Other Policies.
PromoPrep may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. PromoPrep will post notice of modifications to these terms at PromoPrep.com, the PromoPrep Policies at PromoPrep.com/policies/, or other policies referenced in these terms at the applicable URL for such policies. You must check this page periodically for updates as to terms of service. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, You should discontinue Your use of PromoPrep. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of PromoPrep, (ii) You accept updated terms online, or (iii) You continue to use the Service after PromoPrep has posted updates to the Agreement or to any policy governing the Service.
15. Eligibility and Scope
To use the Services you must be, and represent and warrant that you are, at least 13 years of age and competent to agree to these Terms. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). If PromoPrep has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.
Use Outside the United States of America. The Services are controlled and operated by PromoPrep from its offices in the United States of America. PromoPrep makes no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other locations do so at their own risk and are responsible for compliance with local law. PromoPrep may offer services in other jurisdictions in which case a different version of these Terms may apply and will be presented to you on such services.
16. Acceptable Use
All users of the PromoPrep Service are expected to comply with the following to use the Services:
Disruption of the Service. You may not: access, tamper with, or use non-public areas of the Service, PromoPrep’s computer systems, or the technical delivery systems of PromoPrep’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure; access or search the Service by any means other than PromoPrep’s publicly supported interfaces (for example, “scraping”); attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time) interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
Misuse of the Service. You may not utilize the Service to carry out, promote or support: any unlawful or fraudulent activities; the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking; the publishing or posting other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission; the sending unsolicited communications, promotions advertisements, or spam; the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or promotion or advertisement of products or services other than your own without appropriate authorization.
Content Standards Within the Service. You may not post any Content on the Service that: violates of any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity; is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking; contains viruses, bots, worms, or similar harmful materials; or contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
Violations of this Acceptable Use Policy. In addition to any other remedies that may be available to us, PromoPrep reserves the right to immediately suspend or terminate your account or your access to the Service upon notice and without liability for PromoPrep should you fail to abide by this Acceptable Use Policy. If you are a user of the Service under your employer or organization’s account, PromoPrep reserves the right to notify your employer or organization of any violations of this Acceptable Use Policy.
Modifications. PromoPrep may amend or modify this Acceptable Use Policy from time to time in its sole and reasonable discretion. We will post any such changes on our website. If you object to any such change(s), your sole recourse shall be to cease using the Service. Continued use of the Service following notice of any such changes shall constitute your acknowledgement and acceptance of such changes.
17. Third Party Links and Services
The Services may provide (1) information and content provided by third parties; (2) direct integrations with and/or links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. PromoPrep is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that PromoPrep shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
18. Miscellaneous, Applicable Law and Venue.
PromoPrep will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between You and PromoPrep concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by and construed under the laws of the state of Colorado without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Colorado law, rules, and regulations, Colorado law, rules and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Denver County, Colorado. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to PromoPrep must be sent to: PromoPrep LLC, 1942 Broadway Street STE 314C, Boulder, CO 80302, USA, with a copy to Legal Department, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights in this Agreement without PromoPrep’s prior written consent, and any such attempt is void. The relationship between PromoPrep and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. The following sections of this Agreement will survive any termination thereof: 1, 4, 5, 6 (except the last two sentences), 7, 8, 9, 10, 11, 12, 14, and 18.
Effective Date: June 30, 2018
- The Information We Collect
- How We Use Your Information
- Cookies and Similar Technologies
- Online Analytics and Advertising
- How We Share and Disclose Your Information
- Your Choices
- Third Party Links and Services
- Children’s Privacy
- International Users
- Your Rights
- How Long We Store Your Information
- How We Protect Your Information
- PromoPrep Contact Info
THE INFORMATION WE COLLECT
PromoPrep collects a variety of information that you provide directly to us. We process your information when necessary to provide you with the Services that you have requested when accepting our Terms of Service, or where we have obtained your prior consent, or where we have a legitimate interest to do so. For example, we may have a legitimate interest to process your information for security, testing, maintenance, and enhancement purposes of the Services we provide to you, or for analytics, research, and reporting purposes. Without your information, we cannot provide you with the Services you have requested or you may be limited in your use of the Services.
1. Information You Provide to Us
PromoPrep collects information from you through:
- Account and product registration and administration of your account
- The PromoPrep Services that you use
- Requests or questions you submit to us via forms or email (e.g., support forms, sales forms, user research participation forms)
- Your communications and dealings with us
- Your participation in PromoPrep sweepstakes, contests, or research studies
- Uploads or posts to the Services
- Requests for customer support and technical assistance
Information from and about you. The types of information we collect will depend upon the Services you use, how you use them, and what you choose to provide.
The types of data we collect directly from you may include:
User or Account information. Including but not limited to:
- Name, company name, company logo, address, telephone number and email address
- Optional information, such as a photograph, that you elect to associate with your account (your “Profile Information”)
- Log-in details and password, if you create a PromoPrep account
- Any email requests or questions you submit to us
- User-generated content you post in public online PromoPrep forums (e.g., the PromoPrep Blog)
Content. In using the Services, you may upload or input various types of content, including but not limited to: promotions, tasks, attachments, project names, team names, company information and conversations (together, the “Content”). If you are using the Services in connection with an account created by a PromoPrep Customer (e.g., employer, organization, or an individual), we collect and process the Content you submit on behalf of the Customer. As described more throughout this Policy, our Customers, and not PromoPrep, determine their own policies regarding storage, access, modification, deletion, sharing, and retention of Content which may apply to your use of the Services.
For example, a Customer may provide or remove access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign teams, or share projects. Please check with the Customer about the policies and settings that they have instituted with respect the Content that you provide when using the Services.
Payment Information. If you are a user of our paid service, we will utilize a third party credit card payment processing company to collect payment information, including your credit card number, billing address and phone number. The third party service provider, and not PromoPrep, stores your payment information on our behalf.
Information about others. If you choose to use our invitation service to invite a colleague to the Services, we will ask you for that person’s contact information, which may include their email address or their social network identity, and automatically send an invitation. PromoPrep stores the information you provide to send the invitation, to register your friend if your invitation is accepted, and to track the success of our invitation service.
2. Information We Automatically Collect
When you use our Services that connect to the Internet, including, but not limited to, when you access the Services via our websites, your mobile devices, and PromoPrep software/applications, we automatically collect certain information as described in this Section. As discussed further below, we and our service providers (which are third party companies that work on our behalf to provide and enhance the Services) use a variety of technologies, including cookies and similar tools, to assist in collecting this information.
Log Files. When you use the Services, our servers automatically record certain information in server logs. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type and settings, referring / exit pages and URLs, number of clicks and how you interact with links on the Services, metadata associated with uploaded Content, domain names, landing pages, pages viewed, mobile carrier, date and time stamp information and other such information.
Device Identifiers. When you access the Services using a mobile device, we may collect specific device information. We also collect information such as the type of device you are using, its operating system, and mobile network information, which may include your mobile phone number. We may associate this device identifier with your account and will use data associated with your device identifier to customize our Services to your device and to analyze any device-related issues.
Location Information. We collect and process general information about the location of the device from which you are accessing the Service (e.g., approximate geographic location inferred from an IP address).
3. Information We Collect From Third-Party Integrations
If you choose to use third-party integrations (e.g., Google Analytics, Shopify, etc.) through the Services or are required to do so by a Customer, such providers may allow us and our service providers to have access to and store additional information about your interaction with those services and platforms as it related to use of the Services. If you do not wish to have this information shared, do not initiate these connections.
4. Information We Collect from Affiliates and Non-Affiliated Third Parties
PromoPrep may receive additional information about you, such as demographic information, from affiliates under common ownership and control, and from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may use to supplement the information that we collect directly from you.
5. Collection of Information Across Devices
Sometimes, we may use the information we collect — for instance, usernames, IP addresses and unique mobile device identifiers — to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of the Services. If you wish to opt out of our ability to track you across devices, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
COOKIES AND SIMILAR TECHNOLOGIES
To collect the information in the “Information We Automatically Collect” section above, we and our service providers use Internet server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. A web server log is a file where website activity is stored. An SDK is a section of code that we embed in our applications and software to allow third parties to collect information about how users interact with the Services. A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer and login session; (ii) store your preferences and settings; (iii) understand which web pages of the Services you have visited; (iv), enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform analytics; and (vi) assist with security and administrative functions. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, email open rates, measure popularity of the Services and associated advertising, and to access user cookies. As we adopt additional technologies, we may also gather information through other methods.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari).
HOW WE USE YOUR INFORMATION
- Complete a purchase or provide the services you have requested
- Respond to your request for information and provide you with more effective and efficient customer service
- Provide you with product updates and information about products you have purchased from us
- Provide you with service notifications via email and within the Services based on your notification selections
- Contact you by email, postal mail, or phone regarding PromoPrep and third-party products, services, surveys, research studies, promotions, special events and other subjects that we think may be of interest to you
- Customize the advertising and content you see
- Promote use of our Services by your company and others in our advertising and marketing materials, through use of company names and/or company logos
- Help us better understand your interests and needs, and improve the Services
- Synthesize and derive insights from your use of different PromoPrep products and services
- Engage in analysis, research, and reports regarding use of our Services
- Provide, manage, and improve the Services
- Protect our Services and our users
- Understand and resolve app crashes and other issues being reported
Content. You can exercise certain control how your Content is used by/shared with others via your settings on the Services. PromoPrep may view and share your Content only as necessary (i) to maintain, provide and improve the Service; (ii) prevent or address technical or security issues and resolve support requests; (iii) if we have a good faith belief, or have received a complaint alleging, that such Content is in violation of our terms; (iv) as reasonably necessary to allow PromoPrep to comply with or avoid the violation of applicable law or regulation; (v) to comply with a valid legal subpoena or request; and (vi) as set forth in our Subscription Agreement with the Customer or as expressly permitted in writing by the Customer. We may also analyze your User Content in aggregate and on an anonymized basis, in order to better understand the manner in which our Service is being used.
Combined Information. You consent that, for the purposes discussed in this Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Policy.
Aggregate/De-Identified Data. We may aggregate and/or de-identify information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others. By using the Services, you consent to such use.
ONLINE ANALYTICS AND ADVERTISING
We use third-party web analytics services (e.g., Google Analytics) on our Services to collect and analyze the information discussed above, and to engage in auditing, research and reporting. The information (including your IP address) collected by various analytics technologies described in the “Cookies and Similar Technologies” section will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services, including by noting the third-party website from which you arrive, analyzing usage trends across PromoPrep products and mobile devices, assisting with fraud prevention, and providing certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
2. Online Advertising
Third parties or affiliates may administer PromoPrep banner advertising programs and other online marketing on non-PromoPrep websites and services. To do so, these parties may set and access first-party cookies delivered from a PromoPrep domain, or they may use third-party cookies or other tracking mechanisms. For example, a third-party provider may use the fact that you visited the PromoPrep website to target online ads for PromoPrep services to you on non-PromoPrep websites. Or a third-party ad network might collect information on the Services and other websites to develop a profile of your interests and target advertisements to you based on your online behavior. These parties that use these technologies may offer you a way to opt out of ad targeting as described below. You may receive tailored advertising on your computer through a web browser.
If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. Please note that we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
3. Notice Concerning Do Not Track.
There is no uniform or consistent standard or definition for responding to, processing, or communicating Do Not Track signals. At this time the Services do not function differently based on a user’s Do Not Track signal.
HOW WE SHARE YOUR INFORMATION
PromoPrep will share your information in the following ways:
- Service Providers. We may provide access to or share your information with select third parties who perform services on our behalf. These third parties provide a variety of services to us, including without limitation billing, sales, marketing, provision of content and features, advertising, analytics, research, customer service, shipping and fulfillment, data storage, security, fraud prevention, payment processing, and legal services.
- Third-Party Integrations. When you initiate a connection with a third-party integration through the Services, we will share information about you that is required to enable your use of the third-party integration through the Services.
- Public Forums. The Services make it possible for you to upload and share comments or feedback publicly (i.e., outside of the PromoPrep mobile and web app) with other users, such as on the PromoPrep blog. Any information that you submit through such public features is not confidential, and PromoPrep may use it for any purpose (including in testimonials or other PromoPrep marketing materials). Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Such information can be read, collected and/or used by other users, and it could be used to send you unsolicited messages. Accordingly, please take care when using these features of the Services.
- Aggregate/De-Identified Information. From time to time, PromoPrep may share Aggregate/De-Identified Information about use of the Services, such as by publishing a report on usage trends. As stated above, this Policy places no limitations on our use or sharing of Aggregate/De-Identified Information.
- Consent. We may also disclose your information to third parties with your consent to do so. For example, we will display your Profile Information on your profile page and elsewhere on the Services in accordance with the preferences you set in your account. You can review and revise your Profile information at any time.
THIRD PARTY LINKS AND SERVICES
The Services contain links to third-party websites such as social media sites, and also contain third-party integrations. If you choose to use these sites or integrations, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. Because these third-party websites and services are not operated by PromoPrep, PromoPrep is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your personal and other information will be subject to the privacy policies of the third party websites or services, and not this Policy. We urge you to read the privacy and security policies of these third-parties.
The Services are intended for general audiences and not for children under the age of 13. If we become aware that we have collected personal information (as defined by the Children’s Online Privacy Protection Act) from children under the age of 13, we will take reasonable steps to delete it as soon as practicable.
If you want to learn more about the information collected through the Services, or if you would like to access or rectify your information and/or request deletion of information we collect about you, or restrict or object to the processing of your information, please contact us using the contact information below. Where you have provided consent, you may withdraw your consent at any time, without affecting the lawfulness of the processing that was carried out prior to withdrawing your consent. If you are dissatisfied with the way we process your information, you may lodge a complaint with the data protection authority (“DPA”) in your jurisdiction. If you are a resident of France, your DPA is the Commission Nationale de l’Informatique et des Libertes (“CNIL”). If you are a resident of Germany, please see the DPA located in your particular state. If you are a resident of France, you may provide us with instructions regarding the manner in which we may continue to store, erase and share your information after your death, and where applicable, the person you have designated to exercise these rights after your death.
HOW LONG WE STORE YOUR INFORMATION
We will retain your information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.
We reserve the right to amend this Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised Policy accessible through the Services, so you should review the Policy periodically. If we make a material change to the Policy, you will be provided with notice and we will seek your consent to the updated Policy in accordance with legal requirements.
HOW WE PROTECT YOUR INFORMATION
PromoPrep takes technical and organizational measures to protect your personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure, and thus we cannot ensure or warrant the security of that information. If you have any questions about security on our Services, you can contact us.
Paid Account Agreement
Last Updated August 1, 2018
This Paid Account Agreement is between PromoPrep, a Limited Liability Corporation (“PromoPrep”) and the organization agreeing to these terms (“Customer”, “You”). This Agreement describes the platform capabilities available when You use PromoPrep’s Premium Account or Enterprise Account (“Paid Account”), via web-based applications that link to this Policy (the “Services”). This Agreement permits you to create and configure a Paid Account and invite other Users to join.
If you have been invited to a Paid Account created by a Customer, you acknowledge and agree that the Customer owns all content that you submit or upload to the Services and controls your use of the Services in accordance with applicable local laws, including but not limited to adding or removing you from an Account, enabling or disabling third-party integrations, managing permissions, and accessing, modifying, or removing content that you submit or upload to the Services.
BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SERVICES.
In consideration of the foregoing, the parties agree as follows:
PromoPrep may update or modify the Services from time to time. If, in PromoPrep’s reasonable judgment, any such modification to the Service materially reduces the Service’s functionality, PromoPrep will inform Customer via the email address associated with Customer’s account no less than thirty (30) days prior to such change. We provide certain platform features and software applications (the “Software”), at various levels of Service based on the selected Paid Account.
This Software is updated automatically and, if such Software is designed for use on a specific browser and/or device, then a compatible browser and/or device is required for use. If Customer has engaged a third-party purchasing agent to purchase the Service on its behalf, such purchasing agent is not the Customer, and Customer agrees that Customer is still solely responsible for compliance with this Agreement.
By subscribing to the Service via a Paid Account, and providing payment account information, Customer agrees to these payment terms and conditions. If Customer subscribes to the Service under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to Customer before Customer signs up for the Service that is subject to the promotion. Free or discounted introductory offers are only available to new users of the Service, except where expressly stated.
Fees are non-refundable except as required by law or as explicitly set forth herein. Customer will pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, Customer authorizes PromoPrep to charge such fees using Customer’s selected payment method. By default, customer accounts are set to auto-renew and require recurring payments. Fees will be charged on a monthly or annual basis based on Customer’s payment subscription.
PromoPrep may automatically charge Customer for such renewal on or after the renewal date associated with Customer’s account unless Customer has terminated the Service or PromoPrep terminates the Service. Customer must cancel the Service prior to its renewal date in order to avoid billing of the next period’s fee. If Customer chooses to cancel the Service, Customer may use the Service until the end of the current period but will not be issued a refund for the most recently (or any previously) charged fees. Customer can cancel Service anytime online by going into the Customer’s account settings prior to its renewal date.
PromoPrep may revise fee rates and/or the billable amount structure for the Service from time to time and will provide Customer’s designated administrator(s) with email notice of any changes in fees at least thirty (30) days prior. Customer is responsible for providing complete and accurate billing information to PromoPrep. Customer will be billed for the appropriate plan. Customer is responsible for all taxes (excluding taxes on PromoPrep’s net income) and PromoPrep will charge tax when required to do so by law.
Term and Termination. This Agreement will remain in effect until Customer terminates its subscription to the Service or until this Agreement is otherwise terminated as provided for herein. Customer may terminate this Agreement at any time. In addition, either party may terminate this Agreement if: (a) the other party is in material breach and fails to cure such breach within twenty (20) days following receipt of written notice from the non-breaching party; (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. In the event that this Agreement is terminated, (i) the rights granted to Customer pursuant to this Agreement (except as specifically set forth in this section) will cease immediately; and (ii) any paid account features provided to Customer will cease to be provided.
Effective Date: June 30, 2018
What are Cookies?
Cookies are text files containing small amounts of information which are downloaded to the browser that you use when you visit a site. The entity that places cookies on your browser can then read the information on that cookie that it set. Cookies are typically classified as either “session cookies” which do not stay on your device after you close your browser or “persistent cookies” which will usually remain on your device until you delete them or they expire. Different cookies are used to perform different functions:
- Essential Cookies: Some cookies are essential and enable you to move around the Services and use their features, such as accessing secure areas of the Services. Without these cookies, we cannot enable appropriate content based on the type of device you are using. Functionality Cookies: These cookies allow us to remember choices you make on our websites (such as your preferred language or the region you are in).
- Analytics Cookies: We use our own cookies and/or third-party cookies and other identifiers (such as web beacons) to see how you use our Services in order to enhance their performance and develop them according to the preferences of our customers and visitors. For example, cookies and web beacons may be used to: maintain a consistent look and feel across our Services; track and provide trend analysis on how our users interact with our Services; track errors and measure the effectiveness of our promotional campaigns.
- Advertising Cookies: These cookies record your visit to our Services, your opening and review of our emails, the pages you have visited, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a website. We or our service providers may use this information to make advertisements more relevant to you.
We have little control over these “third party” cookies, so we suggest that you check the respective privacy policies for these external services to help you understand what data these organizations hold about you and what they do with it.
- Google AdWords: https://support.google.com/adwords/answer/2549116?hl=en
- Google Analytics: http://www.google.com/analytics/learn/privacy.html
- Google Tag Manager: https://www.google.com/analytics/tag-manager/faq/
- Google+: https://www.google.com/policies/privacy/
- Facebook: https://www.facebook.com/policy.php
- Twitter: https://twitter.com/privacy?lang=en
- YouTube: https://www.youtube.com/static?template=privacy_guidelines
- LinkedIn: https://www.linkedin.com/legal/privacy-policy
We may also use electronic images known as web beacons on our Services – sometimes called “clear GIFs”, “single-pixel GIFs”, or “web bugs”. Web beacons are used to deliver cookies on our Services, count clicks/users/visitors, and deliver co-branded content or services. We may include web beacons in our promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. Our Services may also contain web beacons from third parties to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other website operations. These web beacons may allow the third parties to set or read cookies on your device.
There are a number of ways you can manage what cookies are set on you devices. Essential cookies, however, cannot be disabled. If you do not allow certain cookies to be installed, the Services may not be accessible to you and/or the performance, features, or Services of the website may be compromised.
1. Advertising Cookies
If you would like to disable advertising cookies, you can visit http://www.youronlinechoices.com. If you choose to turn off these cookies you will still see advertising on the internet but it may not be tailored to your interests. It does not mean that you won’t be served any advertisements while online. You can also manage this type of cookie in the privacy settings on the web browser you are using. Please see below for more information.
2. Browser Settings
You can disable and/or delete most types of cookies by using your browser settings. Please note that if you use your browser settings to block all cookies you may not be able to access parts of our or others’ services. The following links provide information on how to modify the cookies settings on some popular browsers:
- Apple Safari http://support.apple.com/kb/PH5042
- Google Chrome https://support.google.com/chrome/bin/answer.py?hl=en&answer=95647&p=cpn_cookies
- Microsoft Internet Explorer http://windows.microsoft.com/en-US/windows7/How-to-manage-cookies-in-Internet-Explorer-9
- Mozilla Firefox http://support.mozilla.org/en-US/kb/Cookies
3. Cross-Device Cookies
If you wish to opt out of our ability to track you across devices, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
Do Not Track Signals
There is no uniform or consistent standard or definition for responding to, processing, or communicating Do Not Track signals. At this time the Services do not function differently based a user’s Do Not Track signal.