This privacy policy (“Policy“) describes how we protect and handle the information that you provide and that we obtain through our web-based services (the “Services“), whether you are accessing the Services via devices connected to the Services, including without limitation the PS1 or the PS1-3c (the “Devices“); our web applications (the “Web Apps“); our website at www.poursteady.com (our “Corporate Site“); websites and forums designed to collect your feedback (the “Survey Sites“); websites and forums designed to collect technical support and foster product discussion (the “Support Sites“) or through any other medium or device now known or hereafter developed. In this Policy, for convenience we refer to the combination of products and services we provide, including the Services, the Content, the Corporate Site, the Devices, the Web Apps, the Survey Sites, and the Support Sites as the “System.” Components of the System use cloud servers and data services located in the United States of America. If you have any questions as to how the Policy applies to you, please email us at privacy@poursteady.com.

Please read this Policy carefully. By installing and/or using any portion of the System, you consent to the procedures and practices discussed in this Policy. We may, from time to time, change this Policy (as further described in Section 8.1 below), so please check it regularly for any changes or updates. The most recent version of this Policy is reflected by the version date located at the bottom of this Policy.

1. WE COLLECT AND USE CERTAIN INFORMATION

We collect information relating to you and your use of the System in order to provide services and features that are easy to use and responsive to your needs. We use the term “Consumer Information” to refer to any personally identifiable or anonymous information relating to you or your use of any portion of our System. We collect various categories of Consumer Information in connection with your use of the System and some of this information specifically identifies you or your business. The following sections describe more specific categories of Consumer Information.

1.1 Account Information

Account Information is information about you and your account, including your Contact Information and Service Information (both defined below) and other account related information that is necessary or useful for us to manage your account. Account Information does not include any personally identifiable Usage Information. Account Information may be provided by you or technician or distributor involved in the development and/or provision of the functionality of the System.

Contact Information means information that allows someone to identify or contact you, including, for example: your name, address, telephone number and email address. When you register with Poursteady, you provide us with Contact Information. We may also collect other information about you, including anonymous demographic information that is not unique to you, such as your ZIP Code, account settings, and preferences. Your ZIP Code, without more, is not considered Contact Information because the ZIP Code, by itself, does not identify you or permit someone to contact you. Service Information means information necessary or useful to us in providing the System to you. Examples of Service Information include your account information, Wi-Fi network and password, and IP addresses. Certain Service Information is collected and transmitted to us whenever a Device is connected to our servers. We may also receive and collect Service Information from third parties, such as service technicians and distributors. In the event that you contact us for customer support, we may also request that you provide additional Contact Information or Service Information relevant to the support requested by you. You are under no obligation to provide such information. However, we cannot guarantee that we can provide customer support in the event that relevant information related to the use of the System is not provided. We may retain communications relating to customer support, and information drawn from such communications, for statistical and reference purposes.

1.2 Usage Information

Usage Information is information about your activity using your Devices, the interaction of your Devices and the Web Apps and our servers and your use of the System. We receive this type of information from your Devices and the Web Apps as you use the System.

Usage Information also includes information about your Devices, computer hardware and software that is automatically collected when you access the Web Apps, when your Devices connect to our servers, and other features in the System. This Usage Information can include your IP address, browser type, domain names, access times and referring website addresses and Wi-Fi service set identifier. This information is used by us for the operation of the System, to maintain quality of the System and Services, and to provide general statistics regarding use of the System.

1.3 Survey Information

Survey Information is information relating your experiences and satisfaction with the System and suggestions relating to the System provided by you through one of the Survey Sites or by other means, which indicate that such information may be shared publicly unless otherwise provided in System program agreement applicable to you.

2. HOW WE USE CONSUMER INFORMATION

We use Consumer Information for a wide variety of purposes, including to enhance the System, to provide you with customer service and to make a wider range of products and services available to you.

2.1 Account Information

We use your personally identifiable Account Information to establish and service your account with us, bill you for Services (if applicable), offer you new services as available, and assist you in the use of the System (including customer support).

2.2 Usage Information

We use personally identifiable Usage Information to provide you with feedback about your system use and to optimize the performance of your System. We may also use Usage Information for customer support, System restoration, and research and development activities.

2.3 Device Utilization Information

We use personally identifiable Device Utilization Information for technical troubleshooting, quality control, customer support, enhancement of the System, and research and development activities.

2.4 Survey Information

Unless otherwise provided in the System program agreement applicable to you, we may use Survey Information and any ideas, concepts, know-how or techniques contained therein for any purpose, including without limitation, presentations, blog posts, tweets and testimonials in any medium; provided we will remove personally identifiable Contact Information (other than in certain testimonials we may publish first name and city or town) unless you expressly otherwise consent. Please do not provide any Survey Information which you do not wish to share publicly.

2.5 Social Media Platforms and Websites

Any information, communications, or material of any type or nature that you submit to our System (including, but not limited to any of our pages contained on a social media platform or website such as Facebook or Twitter) by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission“), is done at your own risk and without any expectation of privacy. We cannot control the actions of other users of any social media platform or website and we are therefore not responsible for any content or Submissions contained on such sites and platforms. By visiting any of our pages or websites that are contained on a social media platform or website, you are representing and warranting to us that you have reviewed the applicable privacy policy and terms of use of such platform or website and that you will abide by all such provisions contained therein.

3. DISCLOSURE OF CONSUMER INFORMATION TO THIRD PARTIES

3.1 Compliance with the Law: Protection of Our System and Services

Because your privacy is very important to us, we have put in place commercially reasonable technical, physical and administrative measures to protect the Consumer Information that we collect. No security system is perfect, however, and we cannot guarantee that your Consumer Information will not be disclosed to unintended third-party recipients. It is possible that third parties may circumvent our security measures to unlawfully intercept or access your Consumer Information. In addition, we may be legally obligated to disclose Consumer Information to the government or third parties under certain circumstances, such as in response to a legal demand issued by a government entity, a subpoena issued in connection with a civil or criminal investigation or litigation, an order from a court or regulatory agency, or to comply with regulatory requirements. We may determine that, notwithstanding the provisions of this Policy, it is necessary or appropriate for us to disclose your Account Information and personally identifiable Usage Information to comply with the Electronic Communications Privacy Act, the Digital Millennium Copyright Act and any other relevant laws or regulations, to enforce our applicable Terms of Service Agreement or any other of our policies, to exercise our legal rights or defend against legal claims, to protect the integrity of our operations, to protect our customers, or to prevent a crime.

3.2 Affiliated Companies

We may share some or all of your Consumer Information with any parent company, subsidiary, joint venture or other company under a common control with us. If this happens, we will require the related company to comply with this Policy. If another company acquires us, or acquires our assets that comprise or include your Consumer Information, we may transfer the Consumer Information to that acquiring company, which may put in place its own privacy policy with terms that are different from the terms of this Policy. In that event, the acquiring company will not be required to obtain your permission in advance, but it will provide you with notice of any such changes using the Contact Information that we have for you.

4. YOUR CHOICES REGARDING CONSUMER INFORMATION

4.1 Initial Privacy Settings

The initial privacy preferences for your account, summarized below, allow us to collect, use and disclose personally identifiable Usage Information and Device Utilization Information, in addition to Account Information, in manners consistent with this Policy.

In summary, your default privacy settings are:

Information Type Default Privacy Preferences

Account Information – Required to Provide Service* Personally identifiable Usage Information – Required to Provide Service* Device Utilization Information – Required to Provide Service*

  • As described immediately below, you may opt-out with respect to our providing you communications regarding upcoming promotions that may interest you. We will still use the information for the other purposes outlined in Sections 1 through 3 above, including without limitation sending you messages related to the System.

4.2 Changing your Privacy Settings: How to Opt-In or Opt-Out

You may change your initial privacy settings by accessing your account through the Portals. In all cases, however, we will collect and use your Account Information to enable us to provide the System and to bill you for any Services. We will also collect and use anonymous Usage Information and Device Utilization Information for the purposes stated in this Policy. You may opt out of receiving e-mail alerts from us by following the instructions provided in the footer of each e-mail alert.

4.3 Effect of Certain Opt-Out Choices

You understand that our ability to gather and use Consumer Information may be necessary to provide certain personalized services, features, and functions. If we cannot gather certain Consumer Information (such as personally identifiable Usage Information, certain Device Utilization Information, anonymous Usage Information and Commerce Information), we may not be able to provide such personalized services, features and functions.

4.4 Review and Update of Account Information

You may review your Account Information collected and stored by us and may ask us to change or update this information.

5. INFORMATION FROM CHILDREN

Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. If you are under the age of 13, you may use the System only with the involvement of a parent or guardian and should not submit any personal information to us. The System does not intentionally target children under 13. We comply with all applicable laws designed to protect children’s information. Children under the age of 13 should not use our System without obtaining prior parental consent.

6. OUR WEBSITES (COOKIES AND WEB BEACONS)

Like many websites, our websites use “cookies” to recognize you and to help personalize your online experience. A cookie is a small text file that is placed on your hard disk by a web page server. These cookies contain information that can later be read by a web page server in the domain that issued the cookie to you. We use cookies to store information on your computer in order to save you time by eliminating the need to enter repeatedly the same information in order to display personalized content on later visits to the websites. We also use cookies to help us understand which parts of the websites are the most popular; where our users are going and how much time they spend at various locations within the websites. The information we collect through cookies is anonymous (unless you click the remember me button) and we do not access any of your personally identifiable information through the cookies.

You have the ability to decline cookies through your web browser. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. If you choose to decline cookies, however, you may not be able to use the features of the websites that depend on cookies.

The websites may contain tiny electronic images known as web beacons. We may use web beacons to assist us in delivering cookies on the Websites and to allow us to count users who have visited those pages. We may include web beacons in promotional email messages in order to determine whether messages have been opened and acted upon.

When using the websites, your browser software may offer to remember your email address, password, or other credentials through its “Autocomplete” feature. Use of this feature may cause such credentials to be stored as unencrypted “cleartext” on your hard disk. Therefore, it is not advisable to use this feature on public or shared computers.

Communication Information is information relating to you or your use of the System derived from communications sent through the System or entered by you in forums hosted on the System. We cannot protect Communication Information shared in public forums; therefore, you should use care to only disclose that information you wish to share publicly.

7. SECURITY OF CONSUMER INFORMATION

When you contact us by email or phone regarding your account, for your security, we ask you for certain Account Information to verify your identity before accepting requests to make changes to the account. We take these steps to ensure that only you or a co-worker who knows your Account Information will be able to access or change your Account Information. We use industry-standard security methods, such as encryption, to secure the communication of information throughout the System. In addition, we use industry-standard methods of securing our databases that house Consumer Information. Except as provided elsewhere in this Policy, we limit access to Consumer Information databases to our personnel who have a business need for such access, including servicing your account, informing you of service news and special offers, or aggregating Account Information or anonymous Usage Information. However, you should know that no company, including our company, can fully eliminate security risks associated with Consumer Information. As a result, while we strive to protect your information, we cannot ensure or warrant the security of any information you transmit to use or receive from us.

8. GENERAL

8.1 Amendments to this Privacy Policy

We may occasionally update this Policy. When we do, we will also revise the “last updated” date at the bottom of the Policy. We encourage you to review this privacy statement periodically to stay informed about how we are helping to protect the Consumer Information we collect. Your continued use of the System constitutes your agreement to this Policy and any updates. Please be aware that this Policy and any choices you make on the System do not necessarily apply to information you may have provided to us in the context of other of our separately operated products or services.

8.2 Technical Problems

Even though we have taken significant steps to ensure that your Consumer Information is never collected, used, or disclosed by us except as set forth by this Policy, technical mistakes are possible. If such a mistake takes place, we will take commercially reasonable steps to correct it.

8.3 Contact Us

Our intention is to be diligent in protecting your privacy by carefully following our Policy. If you would like to make suggestions or find out more about our privacy practices, please email us at privacy@poursteady.com. We may share your messages with those within our organization who are most capable of addressing the issues contained in such messages. We may archive such messages or discard them, but your email address and email messages will only be used in accordance with this Policy.

8.4 Interpreting this Privacy Policy

Examples listed in this Policy are provided to assist your understanding of this Policy and are not intended as exhaustive lists. Section headings are provided for your convenience. This Policy supplements and is incorporated into the applicable Terms of Service Agreement.

8.5 Use of the System from Outside of the United States

If you are using our System from outside of the United States, please be aware that your information may be transferred to, stored in, or processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy. By using our System, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.

9. YOUR CALIFORNIA PRIVACY RIGHTS

Pursuant to California Civil Code Section 1798.83(a), if you downloaded or otherwise received, installed or use any portion of the System, you may request the following information, which will be provided to you via either a writing or email free of charge: (1) a list of the categories of personal information disclosed by us to third parties for the third parties’ direct marketing purposes during the immediately preceding calendar year and (2) the names and addresses of all third parties that received personal information from us for the third parties’ direct marketing purposes during the preceding calendar year and, if the nature of the third parties’ business cannot reasonably be determined from the third parties’ name, examples of the products or services marketed, if known to us, sufficient to give you a reasonable indication of the nature of the third parties’ business.

Consumer requests for this information should be sent to privacy@poursteady.com.

This Policy was last updated on August 16, 2016.