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PERQ’s Privacy Policy

Updated January 6th, 2020

1. Introduction

 

A.  PERQ Software, LLC (“PERQ”, “we”, “us” or “our”), located at 7225 Georgetown Road Indianapolis, IN 46268, respects and values your privacy and is committed to protecting it through our compliance with this policy. The privacy policy contained herein, and as amended from time to time (“Privacy Policy”), describes the types of information we may collect when you visit a website using PERQ’s software and services (“application”), our practices for collecting, using, maintaining, protecting and disclosing that information, as well as your rights as it pertains to that information. 

B.  This Privacy Policy applies only to information you provide, or we collect via a website utilizing PERQ’s software and services, email, text, and other electronic communications set through or in connection with our clients and partners. This Privacy Policy does not apply to information any third-party partners or our clients themselves collect or you provide to, including on websites or other tools you may access through our application. These third parties and our clients may have their own privacy policies, which we encourage you to read before providing information on or through them. 

C.  Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not continue to use the Website or our application. By continuing to use our client’s website, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. This Privacy Policy may change from time to time and will be posted on our website at perq.com/privacy. Your continued use of our client’s website and our application after we make changes is deemed to be acceptance of those changes, so please check the website periodically for updates. 

2. Users Under the Age of 16

 

A.  Our software and services are not intended for users under 16 years of age, and we do not knowingly collect personal information from users under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacyrequest@perq.com. 

3. Information We Collect and How We Collect It

 

A.  We may collect information from and about users of our software and services directly from you when you provide it to us and/or automatically when you use our clientwebsite.  

B.  Information You Provide to Us

  1. When you use our application, we may ask for you to provide information by which you may be personally identified, such as, but not limited to, name, email address, telephone number, zip code, mobile device number, shopping preferences, or any other identifier by which you may be contacted online or offline (“personal information”).
  2. This information is provided by you by completing forms within our application, including information provided when answering questions and/or requesting additional information. We may also ask you for information when you enter a contest or promotion sponsored by us or our clients.  

C. Automatic Information Collection and Tracking

  1. When you access our client’s website and engage with our application, technology may be used to automatically collect certain information, including, but not limited to: 
    1. Usage Details. When you access our client’s website, we may automatically collect certain details of your access to and use of the website, including traffic data, location data, pages visited, time spent on the site, the number of times you visited the site, and other communication data and the resources that you access and use on or through the website.  
    2. Device Information. We may collect information about your computing device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, and network information.  Web servers, the main computers that serve up web pages, automatically identify your computer by its IP address. As permitted under applicable law, PERQ collects IP addresses for the purposes of system administration, gathering and analyzing aggregated information, creating a better experience for users and auditing the use of our site. We do not normally link IP addresses to anything personally identifiable, which means that your session will be logged, but you remain anonymous to us. We will seek to link your IP address when we feel it is necessary to protect this site and other users from harm and to prevent criminal misconduct.  
  2. We also may use technologies to collect information about your usage of the Website over time. If you do not want us to collect this information do not access the Website. 

D. Information Collection and Tracking Technologies

  1. The technologies we use for automatic information collection may include: 
    1. Local Storage and Cookies: Local Storage and Cookies are small files placed on your smartphone, tablet, or other computing device. It may be possible to refuse to accept local storage and cookies by activating the appropriate setting on your device, or you can opt out of Cookie usage at time of website access.  However, if you select this setting, you may be unable to use our client’s website to its fullest.  

E. Information Collected from Third Parties

  1. If given the proper access from our clients, we supplement our data with data from their internal systems, such as their Customer Relationship Management or Point of Sale systems, including appointment data (i.e. appointment date, appointment time, appointment show, etc.) and lease/purchase data (lease signed date, lease term, products purchased, sale price, etc.) This data is used for reporting and analysis purposes only, and like our other data, is never sold to or shared with any third parties.

F. Linking Information Collected Automatically and Third Party Information with Personal Information

  1. If you voluntarily provide PERQ with your personal information through a form submission, we may link the behavior information we collect automatically as well as the information we receive from third parties to your personal information. We may provide this linked information to the company whose website you have submitted your personal information on, as well as use this data to improve your service and experience on the website.

4. Third-Party Information Collection 

 

A. Personal Information. We only share personal information we collect with third-party partners that you have engaged with on our client’s websites, and it’s only used for the purposes of creating a seamless user experience as well as analysis and reporting. For example, if you fill out a form to schedule a virtual tour, we may pass your personal information to our virtual tour partner, so that you won’t have to enter that information in again and so that they can report on the virtual tours that were scheduled. No personal information is ever sold to any third party, for any reason.  This information is only shared when you interact with a service or software provided by our partner, and never beforehand. 

B. Aggregated and/or Non-Personal Information. We may use and share non-personal information we collect under any of the above circumstances. We may also share it with third parties to aid in the development of the client’s website or other third-party applications. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors and investors, for the purpose of conducting general business analysis or other business purposes. 

5. How We Use Your Information

 

A.  We use information collected about you or that you provide to us, including any personal information, to: 

  1. Provide you with relevant information about our client’s products or services. 
  2. Recognize you when you use the Website. 
  3. Fulfill any other purpose for which you provided your personal information. 

B.  The usage information we collect helps us learn more about our consumer shopping patterns to improve our application and to deliver a better and more personalized experience by enabling us to: 

  1. Estimate our audience size and usage patterns. 
  2. Store information about your preferences, allowing us to customize our application according to your individual interests. 

6. Disclosure of Your Information

 

A.  We may disclose aggregated information about our users without restriction. In addition, we may disclose personal information that we collect or that you provide: 

    1. To our subsidiaries and affiliates.
    2. To contractors, service providers, content providers, and other third parties we use to support our business. 
    3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our application users is among the assets transferred.
    4. To a client’s internal third-party application via an Integration.  If our client requests to connect a third-party application to our application, we may share information with that third party. 
    5. To our analytics partners.  We use web analytics services such as Google Analytics to collect and process certain analytics data.  You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. 
    6. To fulfill the purpose for which you provide it. 
    7. For any other purpose disclosed by us when you provide the information.
    8. With your consent. 
    9. To comply with any court order, law or legal process, including responding to any government or regulatory request. 
    10. PERQ reserves the right to disclose information if we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our clients, users, contractors or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 

7. Accessing and Correcting Your Personal Information 

 

A.  You can review and seek to change your personal information by sending us an email as noted below in Section 11. Contact Information, (e.g., to request access to, correct, or delete your personal information). We may not accommodate a request to change or delete information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. As we develop our business, we might buy or sell businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control, or other transactions. In such transactions, customer information generally is one of the disclosed and/or transferred business assets and your information may be subject to such a transfer. You agree to and do hereby consent to any such disclosure and/or transfer. Also, in the unlikely event of a bankruptcy, your information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser. 

8. Your California Privacy Rights

 

A.  California Civil Code Section 1798.83 permits users of our application that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as noted below in Section 11. Contact Information. 

B.  We do not Sell Consumers’ personal information as those terms are defined under the California Consumer Privacy Act (“CCPA”). However, personal information as described throughout this Privacy Policy and CCPA Notices is collected and disclosed for business purposes, including over the last twelve months, and as a result Consumers are entitled to: 

  1. know what information can be collected about them.  Since PERQ’s application is an add on to our client’s website, this notice of collection is the responsibility of the website.
  2. make verifiable “requests to know” which of their personal information, categorically or specifically, is collected and with whom the information is shared by us, for what business purpose, and the sources of the respective information;
  3. make verifiable “requests to delete” their personal information as collected by us;
  4. use authorized agents to exercise their rights under the CCPA;
  5. request these CCPA Notices in an alternative format by calling us at 1-800-873-3117; and,
  6. exercise their rights under the CCPA free of discrimination by us including, but not limited to: denying goods or services to the Consumer; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services to the Consumer; suggesting that the Consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

B.  Consumers may make CCPA requests by contacting us at 1-800-873-3117 or emailing us at privacyrequest@perq.com. Before we can honor any such requests, we must confirm that the requesting party is the Consumer whose information is sought or a person authorized to act on that Consumer’s behalf. In addition, depending on the type of request and the categories of information subject to the request, we will request verifying information from the requesting party such as identifiers or commercial information (e.g., service history) already known to or collected by us. Receipt of the request(s) will be confirmed within 10 days and initial responses can be expected within 45 days.

 

9. Data Security

 

A. Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do use commercially reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Website. Any transmission of personal information is at your own risk. 

10. Privacy Concerns

 

A.  If you have any concern or complaint about privacy within our application please contact us as outlined below in Section 11. Contact Information. We will do our best to respond to you in a timely and professional manner in order to answer your questions and resolve your concerns. 

11. Contact Information

 

A.  If a user’s Personal Information changes (such as zip/postal code, phone, email or postal address), or if a user no longer desires to be registered with our application, we provide a way to correct, update or delete/deactivate users’ Personal Information. This can be done by emailing privacyrequest@perq.com. You may use this email to get in touch with us for any other reason relating to this Privacy Policy.  If you send us an e-mail, your communication should clearly be marked as a “Data Protection Query” and as being “Time Sensitive”.

B.  You may also contact us by mail at PERQ Software, LLC Attn.: Data Privacy, 7225 Georgetown Road Indianapolis, IN 46268.  If you contact us by mail, your communication should clearly be marked as a “Data Protection Query” and as being “Time Sensitive”.