Last updated: January 06, 2020
the collection, use and disclosure of Your information when You use the Service
and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the
Service. By using the Service, You agree to the collection and use of
Interpretation and Definitions
The words of which the initial letter is capitalized have
meanings defined under the following conditions.
The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
You means the individual accessing or
using the Service, or the company, or other legal entity on behalf of which
such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection
Regulation), You can be referred to as the Data Subject or as the User as you
are the individual using the Service.
Company (referred to as either
"the Company", "We", "Us" or "Our" in
this Agreement) refers to Software Pursuits, Inc., 951 Mariners Island Blvd,
Ste 300, CA 94404.
For the purpose of the GDPR, the Company is
the Data Controller.
Affiliate means an entity that controls, is controlled by
or is under common control with a party, where "control" means
ownership of 50% or more of the shares, equity interest or other securities
entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access
our Service or parts of our Service.
Website refers to Software Pursuits, accessible from https://www.softwarepursuits.com
We also host websites for various other organizations and those websites are
Service refers to the Website.
Country refers to: California, United States
Service Provider means any natural or
legal person who processes the data on behalf of the Company. It refers to
third-party companies or individuals employed by the Company to facilitate the
Service, to provide the Service on behalf of the Company, to perform services
related to the Service or to assist the Company in analyzing how the Service is
For the purpose of the GDPR, Service
Providers are considered Data Processors.
Third-party Social Media Service refers to any website or
any social network website through which a User can log in or create an account
to use the Service.
Facebook Fan Page is a public profile named Software
Pursuits Inc specifically created by the Company on the Facebook social network,
accessible from https://www.facebook.com/softwarepursuitsinc/
Personal Data is any information that
relates to an identified or identifiable individual.
For the purposes for GDPR, Personal Data
means any information relating to You such as a name, an identification number,
location data, online identifier or to one or more factors specific to the
physical, physiological, genetic, mental, economic, cultural or social
For the purposes of the CCPA, Personal Data
means any information that identifies, relates to, describes or is capable of
being associated with, or could reasonably be linked, directly or indirectly,
Cookies are small files that are placed on Your computer,
mobile device or any other device by a website, containing the details of Your
browsing history on that website among its many uses.
Usage Data refers to data collected automatically, either
generated by the use of the Service or from the Service infrastructure itself
(for example, the duration of a page visit).
Data Controller, for the purposes of the GDPR (General
Data Protection Regulation), refers to the Company as the legal person which
alone or jointly with others determines the purposes and means of the
processing of Personal Data.
Do Not Track (DNT) is a concept that has been promoted by
US regulatory authorities, in particular the U.S. Federal Trade Commission
(FTC), for the Internet industry to develop and implement a mechanism for
allowing internet users to control the tracking of their online activities
Business, for the purpose of the CCPA (California Consumer
Privacy Act), refers to the Company as the legal entity that collects
Consumers' personal information and determines the purposes and means of the
processing of Consumers' personal information, or on behalf of which such
information is collected and that alone, or jointly with others, determines the
purposes and means of the processing of consumers' personal information, that
does business in the State of California.
Consumer, for the purpose of the CCPA (California Consumer
Privacy Act), means a natural person who is a California resident. A resident,
as defined in the law, includes (1) every individual who is in the USA for
other than a temporary or transitory purpose, and (2) every individual who is
domiciled in the USA who is outside the USA for a temporary or transitory
Sale, for the purpose of the CCPA (California Consumer
Privacy Act), means selling, renting, releasing, disclosing, disseminating,
making available, transferring, or otherwise communicating orally, in writing,
or by electronic or other means, a Consumer’s Personal information to another
business or a third party for monetary or other valuable consideration.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with
certain personally identifiable information that can be used to contact or
identify You. Personally identifiable information may include, but is not
First name and last name
Address, State, Province, ZIP/Postal code, City
Bank account information in order to pay for products and/or
services within the Service
When You pay for a product and/or a service via bank
transfer, We may ask You to provide information to facilitate this transaction
and to verify Your identity. Such information may include, without limitation:
Date of birth
Passport or National ID card
Bank card statement
Other information linking You to an address
Usage Data is collected automatically when using the
Usage Data may include information such as Your Device's
Internet Protocol address (e.g. IP address), browser type, browser version, the
pages of our Service that You visit, the time and date of Your visit, the time
spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device,
We may collect certain information automatically, including, but not limited
to, the type of mobile device You use, Your mobile device unique ID, the IP
address of Your mobile device, Your mobile operating system, the type of mobile
Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends
whenever You visit our Service or when You access the Service by or through a
Tracking Technologies and Cookies
the activity on Our Service and store certain information. Tracking
technologies used are beacons, tags, and scripts to collect and track
information and to improve and analyze Our Service.
You can instruct Your browser to refuse all Cookies or to
indicate when a Cookie is being sent. However, if You do not accept Cookies,
You may not be able to use some parts of our Service.
Cookies can be "Persistent" or "Session"
Cookies. Persistent Cookies remain on your personal computer or mobile device
when You go offline, while Session Cookies are deleted as soon as You close
your web browser.
We use both session and persistent Cookies for the purposes
set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to
provide You with services available through the Website and to enable You to
use some of its features. They help to authenticate users and prevent
fraudulent use of user accounts. Without these Cookies, the services that You
have asked for cannot be provided, and We only use these Cookies to provide You
with those services.
Cookies Policy / Notice Acceptance
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember
choices You make when You use the Website, such as remembering your login
details or language preference. The purpose of these Cookies is to provide You
with a more personal experience and to avoid You having to re-enter your
preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track
information about traffic to the Website and how users use the Website. The
information gathered via these Cookies may directly or indirectly identify you
as an individual visitor. This is because the information collected is
typically linked to a pseudonymous identifier associated with the device you
use to access the Website. We may also use these Cookies to test new
advertisements, pages, features or new functionality of the Website to see how
our users react to them.
For more information about the cookies we use and your
choices regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data
The Company may use Personal Data for the following
To provide and maintain our Service, including to monitor
the usage of our Service.
To manage Your Account: to manage Your registration as a
user of the Service. The Personal Data You provide can give You access to
different functionalities of the Service that are available to You as a
For the performance of a contract: the development, compliance
and undertaking of the purchase contract for the products, items or services
You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls,
SMS, or other equivalent forms of electronic communication, such as a mobile
application's push notifications regarding updates or informative
communications related to the functionalities, products or contracted services,
including the security updates, when necessary or reasonable for their
To provide You with news, special offers and general
information about other goods, services and events which we offer that are
similar to those that you have already purchased or enquired about unless You
have opted not to receive such information.
To manage Your requests: To attend and manage Your
requests to Us.
We may share your personal information in the following
With Service Providers: We may share Your personal
information with Service Providers to monitor and analyze the use of our
Service, to show advertisements to You to help support and maintain Our
Service, to contact You, to advertise on third party websites to You after You
visited our Service or for payment processing.
For Business transfers: We may share or transfer Your
personal information in connection with, or during negotiations of, any merger,
sale of Company assets, financing, or acquisition of all or a portion of our business
to another company.
With Affiliates: We may share Your information with Our
affiliates, in which case we will require those affiliates to honor this
subsidiaries, joint venture partners or other companies that We control or that
are under common control with Us.
With Business partners: We may share Your information with
Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or
otherwise interact in the public areas with other users, such information may
be viewed by all users and may be publicly distributed outside. If You interact
with other users or register through a Third-Party Social Media Service, Your contacts
on the Third-Party Social Media Service may see You name, profile, pictures and
description of Your activity. Similarly, other users will be able to view
descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long
and use Your Personal Data to the extent necessary to comply with our legal
obligations (for example, if we are required to retain your data to comply with
applicable laws), resolve disputes, and enforce our legal agreements and
The Company will also retain Usage Data for internal
analysis purposes. Usage Data is generally retained for a shorter period of
time, except when this data is used to strengthen the security or to improve
the functionality of Our Service, or We are legally obligated to retain this
data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at
the Company's operating offices and in any other places where the parties
involved in the processing are located. It means that this information may be
transferred to — and maintained on — computers located outside of Your state,
province, country or other governmental jurisdiction where the data protection
laws may differ than those from Your jurisdiction.
submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to
ensure that Your data is treated securely and in accordance with this Privacy
Policy and no transfer of Your Personal Data will take place to an organization
or a country unless there are adequate controls in place including the security
of Your data and other personal information.
Disclosure of Your Personal Data
If the Company is involved in a merger, acquisition or asset
sale, Your Personal Data may be transferred. We will provide notice before Your
Under certain circumstances, the Company may be required to
disclose Your Personal Data if required to do so by law or in response to valid
requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good
faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but
remember that no method of transmission over the Internet, or method of
electronic storage is 100% secure. While We strive to use commercially
acceptable means to protect Your Personal Data, We cannot guarantee its
Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to
perform their tasks on Our behalf and are obligated not to disclose or use it
for any other purpose.
We may use third-party Service providers to monitor and
analyze the use of our Service.
Google Analytics is a web analytics service
offered by Google that tracks and reports website traffic. Google uses the data
collected to track and monitor the use of our Service. This data is shared with
other Google services. Google may use the collected data to contextualise and
personalise the ads of its own advertising network.
You can opt-out of having made your
activity on the Service available to Google Analytics by installing the Google
Analytics opt-out browser add-on. The add-on prevents the Google Analytics
Analytics about visits activity.
For more information on the privacy practices
of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We may use Your Personal Data to contact You with
newsletters, marketing or promotional materials and other information that may
be of interest to You. You may opt-out of receiving any, or all, of these
communications from Us by following the unsubscribe link or instructions
provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and
send emails to You.
Constant Contact is an email marketing
sending service provided by Constant Contact, Inc.
For more information on the privacy practices
The Company uses remarketing services to advertise on third
party websites to You after You visited our Service. We and Our third-party
to our Service.
We may provide paid products and/or services within the
Service. In that case, we may use third-party services for payment processing
(e.g. payment processors).
We will not store or collect Your payment card details. That
information is provided directly to Our third-party payment processors whose
payment processors adhere to the standards set by PCI-DSS as managed by the PCI
Security Standards Council, which is a joint effort of brands like Visa,
Mastercard, American Express and Discover. PCI-DSS requirements help ensure the
secure handling of payment information.
When You use Our Service to pay a product and/or service via
bank transfer, We may ask You to provide information to facilitate this
transaction and to verify Your identity.
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
Consent: You have given Your consent for processing
Personal Data for one or more specific purposes.
Performance of a contract: Provision of Personal Data is
necessary for the performance of an agreement with You and/or for any
pre-contractual obligations thereof.
Legal obligations: Processing Personal Data is necessary
for compliance with a legal obligation to which the Company is subject.
Vital interests: Processing Personal Data is necessary in
order to protect Your vital interests or of another natural person.
Public interests: Processing Personal Data is related to a
task that is carried out in the public interest or in the exercise of official
authority vested in the Company.
Legitimate interests: Processing Personal Data is
necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the
specific legal basis that applies to the processing, and in particular whether
the provision of Personal Data is a statutory or contractual requirement, or a
requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of
Your Personal Data and to guarantee You can exercise Your rights.
You are within the EU, to:
Request access to Your Personal Data. The right to access,
update or delete the information We have on You. Whenever made possible, you
can access, update or request deletion of Your Personal Data directly within
Your account settings section. If you are unable to perform these actions
yourself, please contact Us to assist You. This also enables You to receive a
copy of the Personal Data We hold about You.
Request correction of the Personal Data that We hold about
You. You have the right to to have any incomplete or inaccurate information
We hold about You corrected.
Object to processing of Your Personal Data. This right
exists where We are relying on a legitimate interest as the legal basis for Our
processing and there is something about Your particular situation, which makes
You want to object to our processing of Your Personal Data on this ground. You
also have the right to object where We are processing Your Personal Data for
direct marketing purposes.
Request erasure of Your Personal Data. You have the right
to ask Us to delete or remove Personal Data when there is no good reason for Us
to continue processing it.
Request the transfer of Your Personal Data. We will
provide to You, or to a third-party You have chosen, Your Personal Data in a
structured, commonly used, machine-readable format. Please note that this right
only applies to automated information which You initially provided consent for
Us to use or where We used the information to perform a contract with You.
Withdraw Your consent. You have the right to withdraw Your
consent on using your Personal Data. If You withdraw Your consent, We may not
be able to provide You with access to certain specific functionalities of the
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification,
cancellation and opposition by contacting Us. Please note that we may ask You
to verify Your identity before responding to such requests. If You make a
request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection
Authority about Our collection and use of Your Personal Data. For more
information, if You are in the European Economic Area (EEA), please contact
Your local data protection authority in the EEA.
Facebook Fan Page
Data Controller for the Facebook Fan Page
The Company is the Data Controller of Your Personal Data
collected while using the Service. As operator of the Facebook Fan Page
(https://www.facebook.com/softwarepursuitsinc/, the Company and the operator of
the social network Facebook are Joint Controllers.
The Company has entered into agreements with Facebook that
define the terms for use of the Facebook Fan Page, among other things. These
terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php
information about how Facebook manages Personal data or contact Facebook
online, or by mail: Facebook, Inc. ATTN, Privacy Operations, 1601 Willow Road,
Menlo Park, CA 94025, United States.
We use the Facebook Insights function in connection with the
operation of the Facebook Fan Page and on the basis of the GDPR, in order to
obtain anonymized statistical data about Our users.
For this purpose, Facebook places a Cookie on the device of
the user visiting Our Facebook Fan Page. Each Cookie contains a unique
identifier code and remains active for a period of two years, except when it is
deleted before the end of this period.
Facebook receives, records and processes the information
stored in the Cookie, especially when the user visits the Facebook services,
services that are provided by other members of the Facebook Fan Page and
services by other companies that use Facebook services.
For more information on the privacy practices of Facebook,
Your Rights under the CCPA
of California, You have the following rights:
The right to notice. You must be properly notified which
categories of Personal Data are being collected and the purposes for which the
Personal Data is being used.
The right to access / the right to request. The CCPA
permits You to request and obtain from the Company information regarding the
disclosure of Your Personal Data that has been collected in the past 12 months
by the Company or its subsidiaries to a third-party for the third party’s
direct marketing purposes.
The right to say no to the sale of Personal Data. You also
have the right to ask the Company not to sell Your Personal Data to third
parties. You can submit such a request by visiting our "Do Not Sell My
Personal Information" section or web page.
The right to know about Your Personal Data.
You have the right to request and obtain from the Company information regarding
the disclosure of the following:
The categories of Personal Data collected
The sources from which the Personal Data was collected
The business or commercial purpose for collecting or selling the
Categories of third parties with whom We share Personal Data
The specific pieces of Personal Data we collected about You
The right to delete Personal Data. You also have the right
to request the deletion of Your Personal Data that have been collected in the
past 12 months.
The right not to be discriminated against. You
have the right not to be discriminated against for exercising any of Your
Consumer's rights, including by:
Denying goods or services to You
Charging different prices or rates for goods or services,
including the use of discounts or other benefits or imposing penalties
Providing a different level or quality of goods or services to
Suggesting that You will receive a different price or rate for
goods or services or a different level or quality of goods or services.
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and
if you are a California resident, You can email or call us or visit our
"Do Not Sell My Personal Information" section or web page.
The Company will disclose and deliver the required
information free of charge within 45 days of receiving Your verifiable request.
The time period to provide the required information may be extended once by an
additional 45 days when reasonable necessary and with prior notice.
Do Not Sell My Personal Information
We do not sell personal information. However, the Service Providers
we partner with (for example, our advertising partners) may use technology on
the Service that "sells" personal information as defined by the CCPA
If you wish to opt out of the use of your personal
information for interest-based advertising purposes and these potential sales
as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You
use. You may need to opt out on every browser that you use.
You can opt out of receiving ads that are personalized as
served by our Service Providers by following our instructions presented on the
From Our "Cookie Consent" notice banner
Or from Our "CCPA Opt-out" notice banner
Or from Our "Do Not Sell My Personal Information"
Or from Our "Do Not Sell My Personal Information" link
The opt out will place a cookie on Your computer that is
unique to the browser You use to opt out. If you change browsers or delete the
cookies saved by your browser, you will need to opt out again.
Your mobile device may give you the ability to opt out of
the use of information about the apps you use in order to serve you ads that
are targeted to your interests:
"Opt out of Interest-Based Ads" or "Opt out of Ads
Personalization" on Android devices
"Limit Ad Tracking" on iOS devices
You can also stop the collection of location information
from Your mobile device by changing the preferences on your mobile device.
"Do Not Track" Policy as Required by California
Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of You
browsing activities. If You are visiting such websites, You can set Your
preferences in Your web browser to inform websites that You do not want to be
tracked. You can enable or disable DNT by visiting the preferences or settings
page of Your web browser.
Our Service does not address anyone under the age of 13. We
do not knowingly collect personally identifiable information from anyone under
the age of 13. If You are a parent or guardian and You are aware that Your
child has provided Us with Personal Data, please contact Us. If We become aware
that We have collected Personal Data from anyone under the age of 13 without
verification of parental consent, We take steps to remove that information from
We also may limit how We collect, use, and store some of the
information of Users between 13 and 18 years old. In some cases, this means We will
be unable to provide certain functionality of the Service to these users.
If We need to rely on consent as a legal basis for
processing Your information and Your country requires consent from a parent, We
may require Your parent's consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not
operated by Us. If You click on a third party link, You will be directed to
every site You visit.
We have no control over and assume no responsibility for the
content, privacy policies or practices of any third party sites or services.
We will let You know via email and/or a prominent notice on
Our Service, prior to the change becoming effective and update the "Last
posted on this page.
By email: firstname.lastname@example.org