Effective Date: October 12, 2016
1. What Information We Collect
We collect your Personal Information as follows:
- We collect your first and last name, company name and address, telephone number and email address when you register an account to access the Service (“Account”) or obtain access to an Account.
- If you access an Account through a single sign-on provided by a third party service provider, you will be asked to disclose certain Personal and Anonymous Information to FP., as further described when you click on the third party single sign-on link. You will be prompted to approve disclosure prior to completing the single sign-on.
- We collect transaction information you provide when you purchase a subscription to the Service which includes your first and last name, company name and address and credit card information (“Transaction Information”).
- We collect Service diagnostic information including logs, error reports and events and the type, number, date and page relating to this information and associate this information with your Account and related Personal Information.
- We collect backups of your Account and all Personal and Anonymous Information contained within.
- We collect any Personal Information you provide when you contact us with questions, provide us with feedback, participate in surveys, voluntarily post in our blogs or participate in our community forum.
- We collect your first and last name, email address and telephone number when you signup for the FP newsletter or webinars or download FP, whitepapers or templates.
We collect your Anonymous Information as follows:
- We collect all Anonymous Information provided to FP through the Service such as metrics and other types of statistical data.
2. How We Use Your Information
We use Personal and Anonymous Information internally to provide the Service to you, understand your needs and provide you with better service and information, in particular:
- To provide the Service to you, such as identifying you when you login to an Account, hosting and displaying information, providing Service updates, improving or expanding the Service and addressing technical issues.
- To process and verify any payment you have permitted us to charge to the credit card associated with your Account.
- To contact you in connection with your activities on the Service, such as informing you of new features, conducting surveys or delivering Service related announcements such as outages, suspensions or changes to the Service. This contact typically will occur through an in-Service pop-up message or email or both.
- To establish and maintain your Account and to protect the security of your Account.
- By default, FP has full access to, and collects and accesses backups of, your Account and all information, including Personal and Anonymous Information, contained therein. This access is used to provide the Service and support to you. You may revoke certain access FP has to your Account by accessing the FPadministrator panel and unchecking the appropriate box. Limited access may impact the effectiveness of support we provide to you. Revocation does not restrict FP from accessing and modifying your Account and information contained within for the purpose of providing Service updates to you.
- To provide customer support or to resolve customer issues.
- From time to time, we may use your Personal Information to contact you by email or through an in-Service pop-up message for market research or promotional purposes or studies and that you may opt out of by contacting FP at email@example.com or by clicking an opt-out link located in such an email.
- To respond to inquiries from law enforcement and orders from a court of competent jurisdiction or to defend our rights or the rights of others.
- To analyze demographics information about our users so we can better understand them.
3. Third Parties We Disclose Information To
We disclose Personal and Anonymous Information to third parties, who may be located in a foreign jurisdiction and subject to foreign laws, as follows:
- Since all users of a customer’s Account access the Service from a single Account, all Personal or Anonymous Information included in an Account is visible to all parties that have access to such Account.
- If you access an Account through a third party single sign-on a third party will act as an identity provider to ensure that you are a person authorized to access the Account.
- FP may disclose your Personal and Anonymous Information with our parent companies, affiliates, subsidiaries and contractors for internal purposes, including uses related to the Service, improvements to the Service and extending special offers to you. FP will ensure all persons or entities under our control that have access to your information will have executed confidentiality and non-disclosure agreements whereby they will not have the authority to use any aspect of your Personal Information other than to provide the Service for which FP has retained them to provide. FP will at all times disclose only the minimally necessary information to third parties to facilitate provision of the Service.
- To third parties who process your Personal and Anonymous Information into anonymous actionable data that FP uses to understand how you use the Service, to improve the quality of the Service and to pursue customer leads. Such third parties aggregate Personal or Anonymous Information provided by FP into anonymous aggregate data and may use and disclose aggregate data for any purpose.
- To third parties to process, store, manage or organize Personal and Anonymous Information and to perform services on behalf of FP during which Personal and Anonymous Information is disclosed.
- We disclose your Transaction Information to third parties for payment processing and fraud prevention purposes.
- We may ask that you review the Service through a third party and, if you provide a review, certain Personal and Anonymous Information may be disclosed to that third party and may be published on the Internet. It is your responsibility to review the terms presented by any third party review website to determine whether you agree to their information collection and disclosure practices.
- To respond to inquiries from law enforcement or to defend our rights or the rights of others.
We never sell your information to third parties or provide your information to third parties for direct marketing purposes.
5. California Do Not Track Disclosure
Do Not Track, or DNT, is a web browser setting that requests that a web application disable its tracking of you. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers and other web services you encounter while browsing to stop tracking your activity. We do not collect Personal Information about your browsing activities over time or across third-party websites or online services. Since we do not collect your Personal information across the web, we do not currently respond to Do Not Track and similar signals originating from your web browser.
6. Information Storage and Retention
While FP is a Canadian company, the data you provide through the Service is stored and processed by third parties in countries around the world. You authorize FP and third parties acting on FP’s behalf to use and process your data in any country of their choosing, which may cause your data, including Personal and Anonymous Information, to be subject to privacy protections and legal rights that may not be equivalent to those in your country.
Your Personal Information is retained until you request its deletion pursuant to section 13 or until FP no longer requires such information for the purpose for which it was collected.
7. Change of Ownership or Business Transition
8. Third Party Software and Services
The Service is not directed to children under the age of 13 and we do not knowingly collect Personal Information from children under the age of 13. If we learn that we inadvertently collected Personal Information from a child under the age of 13, we will delete that information as quickly as possible. If you are a parent or guardian of a child who you believe provided FP with Personal Information without your consent, please contact FP at firstname.lastname@example.org.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. The Service may use industry standard SSL (secure socket layer) encryption to transfer information. For more information on our current security practices, please review the FP security page at www.functionpoint.com/security.
12. Email Preferences
We communicate with our users primarily by email. If you would like to change the email preferences we associate with you (for example, unsubscribing from receiving certain types of email) you may do so by clicking a link within emails that we send to you.
13. Your Rights
You may contact FP to obtain a copy of any Personal Information we have collected about you, the production of which may be subject to a fee as permitted by applicable law. In addition, you may contact FP to correct or delete such information, except to the extent that retention is necessary for our legitimate business purposes, required by applicable law, in the control of a third party or where correction or deletion is not technically feasible.