Purpose and Scope
European Union Users
YOUR PERSONAL INFORMATION MAY BE PROCESSED IN THE COUNTRY IN WHICH IT WAS COLLECTED AND IN OTHER COUNTRIES, INCLUDING THE UNITED STATES, WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY. WE ADHERE TO AND HAVE CERTIFIED OUR COMPLIANCE WITH THE SAFE HARBOR PRIVACY PRINCIPLES, INCLUDING NOTICE, CHOICE, ONWARD TRANSFER, SECURITY, DATA INTEGRITY, ACCESS, AND ENFORCEMENT, OF THE UNITED STATES/EUROPEAN UNION DATA PROTECTION SAFE HARBOR FRAMEWORK AND THE UNITED STATES/SWITZERLAND DATA PROTECTION SAFE HARBOR FRAMEWORK, BOTH OF WHICH ARE MADE AVAILABLE BY THE U.S. DEPARTMENT OF COMMERCE AT HTTP://WWW.EXPORT.GOV/SAFEHARBOR. OUR CERTIFICATION CAN ALSO BE VIEWED AT HTTP://WWW.EXPORT.GOV/SAFEHARBOR.
Collection and Use of Your Information
Customers and individuals who use the Applications are hereafter collectively called "Users", or individually "User". Customer Content and Users' personal and corporate information are collectively called "Customer Information."
We may collect information about our visitors, customers, page views, traffic patterns and related site and application information. This information helps us evaluate and improve our Applications and is sometimes useful for marketing and investment analysis. We may share this information with third parties, but only in aggregate statistical form that includes no personally identifying information.
Use of "Cookies"
PTI has used commercially reasonable efforts to design PTI's Web Site, Applications and Customer's Web Site to make sure that only authorized Users may obtain Customer Information about their projects. Users have a password that must be used each time a User logs-in to PTI's Applications. Users may change their password at any time. PTI strongly urges Users not to share their passwords with others. Also, PTI strongly recommends that each User log-out completely after User is finished using PTI's Applications. Unfortunately, no data transmission over the Internet can be guaranteed to be secure, and every system that allows online access is potentially vulnerable to outside attacks from unauthorized third parties. As a result, while PTI strives to protect Customer Information, PTI can't and doesn't guarantee or warrant the security of any Customer Information User transmits to PTI, and User does so entirely at User's own risk. We use reasonable security procedures to protect the information you share with us from unauthorized access or disclosure.
Privacy Protections for Children
Our Web Site and Applications are not directed at children. Therefore, we do not wish to receive, nor do we knowingly collect, Personal Information from minors.
Our Applications may link to other web sites not controlled by PTI Marketing Technologies® . Although we try to be careful in the selection of our strategic service and technology partners, we are not responsible for the privacy or security practices of any other web sites, and you acknowledge and agree that any use of such other web sites is entirely at your own risk. You should carefully review the privacy and security practices of the other web sites before you provide such web sites with any of your Personal Information.
Except as otherwise stated in this policy, we do not generally share the Personal Information collected from our services with other entities. However, we may share your Personal Information with third party contractors or service providers to provide you with the services that we offer you through our Website and PTI Software. These third party contractors or service providers are required not to use your Personal Information other than to provide the products or services requested by us. You expressly consent to the sharing of your Personal Information with our contractors and other service providers for the sole purpose of providing products or services to you. We cannot fully ensure, nor do we represent or warrant, that your private communications and other Personal Information will not be disclosed to third parties. For example, we may be required to disclose your Personal Information to the government or other third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event we need to investigate or resolve possible problems or inquiries, we can (and you authorize us to) disclose any information about you (including Personal Information) to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate. In all instances, we will cooperate fully when required by law to provide information regarding visitors.
If you believe that PTI has not adhered to this Statement, please contact PTI by e-mail at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and PTI are unable to reach a resolution to the dispute, you and PTI will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org).
Feedback; Removal from Contact List
If you have a question or comment about the Website and/or PTI Software, or wish to update your contact information or be removed from our contact list, please email us http://www.pti.com/contact/.
Transfer of Information
Agreement between User and PTI Marketing Technologies® Inc.
Welcome to PTI Marketing Technologies® , Inc. ("PTI"). PTI is comprised of various web sites, application software, utility & download software, third party software, communication forums, sales tools and services provided or operated by PTI Marketing Technologies® Inc. or its business partners ("Partners"). These include, but are not limited to: MarcomCentral® , FusionPro® and other software products currently available and future products & releases along with the www.pti.com website as well as other web sites we may add in the future (collectively the "PTI Applications").
In addition, when using particular PTI applications, web sites or services, you and PTI shall be subject to any posted guidelines or rules applicable to such sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.
You agree to be bound by these TOU, and indicate such agreement by accessing and using the PTI Applications and services. If you do not agree to these TOU, do not access and use the PTI Applications and services.
Permitted Use. Subject to these TOU, PTI hereby grants you the right to access and use the
PTI Applications. Unless otherwise specified herein, or agreed-upon by PTI, the PTI Applications
are for your personal, non-commercial use only. PTI retains all rights with respect to the PTI Applications
except those expressly granted to you in this Agreement. You agree not to duplicate, publish, modify, or
otherwise distribute the material on the PTI Applications unless specifically authorized in writing by PTI to do
so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the PTI
Applications. Such framing is strictly prohibited under this Agreement. The content and software on the PTI
Applications are the proprietary property of PTI and/or its suppliers and Partners and are protected by U.S. and
international copyright and other intellectual property laws. PTI, MarcomCentral® and
FusionPro® are trademarks of PTI Marketing Technologies® Inc. PTI are service
marks of PTI Marketing Technologies® Inc. The names of actual companies and products listed on
the PTI Applications may be the trademarks of their respective owners.
Links to Third Party Sites. The PTI Applications may contain links or produce search results that reference links to third party web sites ("Linked Sites"). PTI has no control over these Linked Sites or the content within them. PTI cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. PTI does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. In addition, the PTI Applications contain functionality which enables you to directly link to Linked Sites. By using the PTI Applications to search for or link to another site, whether directly or indirectly, you agree and understand that any and all such use is entirely at your own risk, and that you may not make any claim against PTI for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site is contained within the PTI Applications, please contact us and we will investigate the link and take appropriate action.
No Unlawful or Prohibited Use. As a condition of your use of the PTI Applications, you warrant to PTI that you will not use the PTI Applications for any purpose that is unlawful or prohibited by these TOU. You agree not to use the PTI Applications in any manner which could damage, disable, overburden, or impair the PTI Applications or interfere with any other party's use of the PTI Applications. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PTI Applications.
Use of PTI Community Services. If you participate in any chat rooms, bulletin boards, or other forum (collectively "Community Services") within the PTI Applications, you agree that any information, including without limitation discussion posts, chat posts, web links, advertisements, articles, white papers, and reviews, posted by you:
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent;
(c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) shall not be obscene or contain child or other pornography;
(g)shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) shall not create liability for PTIs, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers and Partners; and
(i) shall not link directly or indirectly to links you do not have a right to link to or include.
PTI has no obligation to monitor the Community Services. However, PTI reserves the right to review materials posted to a Community Service and to remove any materials in its sole discretion. PTI reserves the right to terminate your access to any or all of the Community Services at any time without notice for any reason whatsoever. PTI does not control or endorse the content, messages, or information found in any Community Service, and, therefore, PTI expressly disclaims any liability with regard to the Community Services and any action resulting from your participation in the Community Services. All such participation is solely at your own risk.
Privacy and Disclosure of Information. We believe that your privacy and the privacy of
http://www.pti.com/privacy/#privacy. If you post any content to the PTI Applications, by electronic mail or
otherwise, we will treat it as non-confidential and non-proprietary to you. By posting any content on the PTI
Applications, you authorize us to use and allow others to use, distribute, and reproduce the content.
PTI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in PTI's sole discretion.
Ownership of Submitted Content. Except with respect to "Customer Content" as
set forth below, you agree that any and all information and content that you provide to the PTI Applications
becomes the exclusive property of PTI, and you irrevocably assign all rights of ownership, including, without
limitation, intellectual property rights, to PTI upon submission of the information and content. You represent
and warrant that you are the owner of such information and content and are authorized to make such assignment of
rights. Notwithstanding the foregoing, the ownership of, and the rights of the respective parties regarding, any
content provided by you to PTI that is defined as "Customer Content" in any applicable sales agreement
that may be executed between you and PTI, shall be in accordance with the terms of such sales agreement.
Warranty Disclaimer. PTI does not promise that the PTI Applications will be error-free, uninterrupted, nor that the PTI Applications will provide specific results from your use of any content, search or link on them. The PTI Applications and all content contained within them are delivered on an "AS IS" and "AS AVAILABLE" basis. PTI does not warrant or represent that files you download or use from the PTI Applications will be free of viruses or other harmful features. PTI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL PTI, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PTI APPLICATIONS. IN NO EVENT SHALL PTI' AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF PTI' AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE PTI APPLICATIONS EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO PTI FOR ACCESSING THIS SITE OVER THE PAST TWELVE MONTHS; OR (B) TEN U.S. DOLLARS ($10.00).
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE PTI APPLICATIONS TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION OR REDISTRIBUTION IS EXPRESSSLY PROHIBITED, UNLESS SUCH USE, REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE APPLICABLE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
PTI MAY MAKE AVAILABLE, AS PART OF THE PTI APPLICATIONS, CERTAIN TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PTI DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR OTHER ASSURANCES OF ANY NATURE WHATSOEVER REGARDING SUCH TOOLS AND UTILITIES, INCLUDING, WITHOUT LIMITATION, REGARDING THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM ANY USE THEREOF.
Additional Representations and Warranties. You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the PTI Applications in accordance with these TOU.
Indemnity. You agree to indemnify and hold PTI and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney's fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Designated Agent for Alleged Copyright Infringement. PTI respects the intellectual property of others, and we ask you to do the same. If you believe some content on the PTI Applications has been copied in such as way to constitute copyright infringement, please contact our Designated Agent below:
Mr. James Bolger, Chief Financial Officer
PTI Marketing Technologies, Inc.
201 Lomas Santa Fe Drive
Solana Beach, CA 92075
General. This Agreement shall be governed in all respects by the laws of the State of California without giving effect to its conflict of laws provisions. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of San Diego and further agree that any cause of action arising under this Agreement shall be brought in such venue. Notwithstanding the foregoing, PTI may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. PTIs' failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.
PTI Marketing Technologies® (PTI) does not anticipate storing and/or processing EPHI (Electronic Personal Health Information) or PII (Personally Identifiable Information) on their systems.
PTI is fully aware of the requirements under the Health Insurance Portability and Accountability Act (45 CFR Parts 160, 162, and 164) of February 2006 for privacy and security and has undertaken necessary steps to maintain compliance.
Policies, procedures and controls are in pace to ensure that PTI products and services are compliant in the role of business associate.