Purpose and Scope
The purpose of this privacy policy is to provide you with about the information we gather when you visit or use
our Web Site and Application software, how we use that information and how you can control it or opt-out of our
collection.
User Consent
By submitting Personal Information through our Website or PTI Software, you agree to the terms of this Privacy
Policy and you expressly consent to the processing of your Personal Information in accordance with this Privacy
Policy.
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.
IF ANY CLAUSES IN THIS PRIVACY POLICY CONFLICT WITH ADHERANCE TO COMPLIANCE WITH THE SAFE HARBOR PRIVACY
PRINCIPLES, THOSE CLAUSES SHALL NOT APPLY.
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."
Personal Information
When you register for the Website or the PTI Software, request a service or information, place an order, submit
feedback or participate in a forum or survey, we may need to ask you for personal information such as your name,
address, email address and telephone number ("Personal Information"). In general, we may use any
Personal Information you submit to us to create your account on our network; identify you as a user in our
system; provide improved administration of our Website and PTI Software; improve the quality of experience when
you interact with our Website and PTI Software; send you a welcome e-mail to verify the username and password
provided when your account was created; send you administrative e-mail notifications, such as security or
support and maintenance advisories; respond to your inquiries related to employment opportunities or other
requests; and to make telephone calls to you, from time to time, as a part of our support and maintenance
services. If you wish to update any of your Personal Information, please contact us at such email address, and
we will use commercially reasonable efforts to update your contact information accordingly. Please be aware,
however, even if we update your Personal Information in our contact list, or we remove such information, it may
still be stored in other databases (including those kept for archival purposes) and may still be used to compile
aggregated or demographic information for supply to third parties in accordance with this privacy policy. It is
our policy to not provide information that identifies you personally to a third party without your permission,
except to process or fulfill your requests, or as otherwise set forth in this privacy policy. We do not send you
information unless you request it or we believe that the information would benefit your business needs. If you
do not want to receive further information from us, simply contact us at the email address listed in the
Feedback; Removal from Contact List section below, and request to be removed from the contact list. Once we
receive your request, we will use commercially reasonable efforts to remove your name from the contact list.
Non-Identifying 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"
Cookies are small files that many web sites place on your hard drive that allow such web sites to identify you.
The use of cookies is a standard and common practice of many web sites. For example, if you allow a site to
remember your login name or password, the site places a cookie on your computer. We may place cookies on your
computer to allow us to identify you during future visits to our Web Site and during use of our Applications. We
may use cookies to measure Web traffic, to offer you certain services and to customize your visit. However, if
you do not wish to receive cookies, or want to be notified of when they are placed, your browser may permit you
to do so. In many browsers, you can change the browser settings to warn you before accepting cookies or to block
cookies. If you block cookies, you may not be able to use certain site features or functions, or the Web Site
may not operate in an optimal mode.
Security
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.
Linked Sites
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.
Links to Other Sites Users may find links from the PTI Application to independently owned, controlled and/or managed web sites whose content PTI believes will be of possible interest and value to our Users. Additionally, Users may see links from advertisers, sponsors and other partners that may use PTI's logo as part of a co-branding agreement. Once a User leaves PTI's servers, either directly or indirectly, the use of any Customer Information a User provides is governed by the privacy policy of the operator of the site the User is visiting. That policy may differ from PTI's. If a User can't find the privacy policy of any of these sites via a link from the site's homepage, the User should contact the site directly for more information.
Other Disclosures
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.
Changes to the Privacy Policy
This Privacy Policy is subject to occasional revision, and if we make any substantial changes in the way we use
your Personal Information, we will notify you by sending you an e-mail to the last e-mail address you provided
to us and/or by prominently posting notice of the changes on our Website. Any material changes to this Privacy
Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail
notice to you or thirty (30) calendar days following our posting of notice of the changes on our site. These
changes will be effective immediately for new users of our Website, PTI Software or related services. Please
note that at all times you are responsible for updating your Personal Information to provide us with your most
current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for
any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing
such notice will nonetheless constitute effective notice of the changes described in the notice. In any event,
changes to this Privacy Policy may affect our use of Personal Information that you provided us prior to our
notification to you of the changes. If you do not wish to permit changes in our use of your Personal
Information, you must notify us prior to the effective date of the changes that you wish to deactivate your
account with us. Continued use of our Website, PTI Software, or related services, following notice of such
changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes.
Dispute Resolution
If you believe that PTI has not adhered to this Statement, please contact PTI by e-mail at legal@pti.com. 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
Notwithstanding anything expressed or implied in this privacy policy, in connection with an assignment, sale,
joint venture or other transfer or disposition of some or all of the assets of PTI, or its affiliated entities,
you agree that we can accordingly assign, sell, license or transfer any information, including Personal
Information, that you have provided to us to those third parties directly involved in the transfer or
disposition of such assets.
Incorporation
This Privacy Policy is incorporated into and made part of the PTI Website Terms of Use, which can be found at www2.pti.com/termsandcond.asp.
With respect to your access and use of the PTI Applications, PTI provides its services to you, subject to the following Terms of Use ("TOU"), which may be updated by PTI from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these terms and conditions.
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
all our users are important. Please review our Privacy Policy which can be found at
privacy.html#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
Suite 300
Solana Beach, CA 92075
e-mail: jbolger@pti.com
phone: 858.847.6613
fax: 858.793.4113
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.
Policies, procedures and controls are in pace to ensure that PTI products and services are compliant in the role of business associate.
