PRIVACY POLICY

Effective as of May 1, 2014.

At OpenSearchServer, we respect and protect the privacy of visitors to our website, www.opensearchserver.com, together with the other websites that OpenSearchServer, Inc. operates (collectively, the “OpenSearchServer Websites”), and our customers who use our on-demand customer service support platform, tools and services offered on the OpenSearchServer Websites (together with the OpenSearchServer Websites, the “Service”). This Privacy Policy (“Policy”) explains how we collect and use visitors’ and customers’ information, particularly personal information, as part of the Service. The information OpenSearchServer collects and uses is limited to the purpose for which customers engage OpenSearchServer and other purposes expressly described in this Policy. Any discussion of your use of the Service in this Policy is meant to include your visits and other interactions with the OpenSearchServer Websites, whether or not you are a user of OpenSearchServer’s on-demand customer service support platform. Capitalized terms used in this Privacy Policy and not defined herein shall have the meaning attributed to them in our Terms of Service.

Privacy Certifications

To mark its commitment to privacy, OpenSearchServer has entered into a number of voluntary data privacy programs, including the TRUSTe® Privacy Certification Programs, and the United States – European Union and the US-Swiss Safe Harbor programs.

We have received TRUSTe’s Privacy Seal signifying that this privacy statement and our practices have been reviewed for compliance with the TRUSTe program viewable on the validation page available by clicking the TRUSTe seal.

OpenSearchServer also complies with the US-EU and US-Swiss Safe Harbor Frameworks as set forth by the US Department of Commerce regarding the collection, use and retention of personal information from EU member countries and Switzerland. We have certified our adherence to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. To learn more about the Safe Harbor program, and to view OpenSearchServer’s certification, please visit http://www.export.gov/safeharbor/. If you have questions or complaints regarding our Policy or practices, please contact us at privacy@opensearchserver.com. If you are not satisfied with our response or we do not respond to your query within 30 days, you can contact TRUSTe here.

What do we mean by Personal Information?

In this Policy, “personal information” means information or an information set that identifies or could be used by or on behalf of OpenSearchServer to identify an individual and includes “Personal Data” as such term is defined in our Terms. Except as described in this Policy, OpenSearchServer will not give, sell, rent or loan any personal information to any third party.

Personal information does not include “Usage Data” which we define as encoded or anonymized information or aggregated data we collect about a group or category of services, features or users which does not contain personally identifying information. Usage Data helps us understand trends in usage of the Service so that we can better consider new features or otherwise tailor the Service. In addition to collecting and using Usage Data ourselves, we may share Usage Data with third parties, including our customers, partners and service providers, for various purposes, including to help us better understand our customers’ needs and improve the Service as well as for advertising and marketing purposes. We do not share Usage Data with third parties in a way that would enable them to identify you personally.

How Do We Collect, Use and Share Your Personal Information and Other Information?
Information You Provide to Us

When you register for the Service, we ask for personal information such as your name, address, phone number, e-mail address and credit card information, as well as certain related information like your company name and website name. We also collect personal information such as an email address and a name or alias of any agents you authorize to log into and utilize the Service in connection with your account and a password from these Agents when they first access the service. If you sign-up for a 14-day free trial account, you are not required to enter your credit card information unless and until you decide to continue with a paid subscription to the Service. OpenSearchServer uses a third-party intermediary to manage credit card processing. This intermediary is not permitted to store, retain, or use your billing information for any purpose except for credit card processing on OpenSearchServer’s behalf.

OpenSearchServer may use the personal information provided to operate the Service and tailor its customers’ needs, for billing, identification and authentication, to contact and communicate with you and your Agents about the Service and your and their use of the Service, send marketing materials (subject to your opt-out option), for research purposes, and to generally improve the content and functionality of the Service.

OpenSearchServer may also share personal information with its third-party service providers (such as its credit card processors and hosting partners) to provide the necessary hardware, software, networking, storage, and other services we use to operate the Service and maintain a high quality user experience. We do not permit our service providers to use the personal information we share for their marketing purposes.

Log Files

As is true with most websites, OpenSearchServer gathers certain information automatically and stores it in log files. This information includes internet protocol addresses as well as browser, internet service provider, referring/exit pages, operating system, date/time stamp, and click stream data. Occasionally, we may connect personal information to information gathered in our log files, as necessary to improve the Service for individual customers. Otherwise, we generally use this information as we would any Usage Data, to analyze trends, administer and maintain the Service, or track usage of various features within the Service.

Cookies

A “cookie” is a small software file stored temporarily or placed on your computer’s hard drive. The main purpose of a cookie is to allow a web server to identify a user’s computer and web browser, and tailor web pages and/or login information to their preferences. Cookies help us promptly display the information needed to use the capabilities of the Service and other information which we consider to be of interest to visitors to the OpenSearchServer Websites and users of the Service. By gathering and remembering information about website preferences through cookies, we can provide a better web and marketing experience. Cookies do not give us access to users’ computers, and the information we collect through cookies does not include personal information.

When your agents use the Service we utilize “session cookies,” which allow us to uniquely identify your browser while you are logged in and to process your online transactions. Session cookies disappear from your computer when the web browser is closed or computer is turned off. We also utilize “persistent cookies” to identify OpenSearchServer Agents and make it easier for them to log into and use the Service. Persistent cookies remain on computers after the web browser is closed or the computer is turned off.

We utilize various categories of cookies, which are summarized below along with the options available to you to manage them.

Essential: Essential cookies are those that are critical to the functionality of the Service. We use these cookies to keep an agent logged into the Service and remember relevant information when the agent returns to the Service.

Functional: We use functional cookies to track agents’ activities in the Service, understand their preferences and improve their user experience. These cookies can also be used to remember configurations of the Service that our customers can customize.

Marketing: We engage third party providers to serve a variety of marketing cookies that enable us to track and analyze usage, navigational and other statistical information from visitors to the OpenSearchServer Websites. This information does not include personal information though we may re-associate this information with personal information we have collected when it is received. Marketing cookies are also used to track the performance of our advertisements and are employed by third party advertising networks that we utilize. These advertising networks follow online activities of visitors to the OpenSearchServer Websites and use this information to inform, optimize and serve tailored advertisements on the OpenSearchServer Websites or on other websites they visit that we believe would most effectively promote the Service to you. We also use third parties to collect information that assists us in other methods of “remarketing” our Service to visitors to the OpenSearchServer Websites, including customized email communications.

You can generally accept or decline the use of cookies through a functionality built into your web browser.

If you want to learn more about cookies, or how to control or delete them, please visit http://www.aboutcookies.org for detailed guidance. In addition, certain third party advertising networks, including Google, permit users to opt out of or customize preferences associated with your internet browsing. Please note that if you do elect to disable your web browser’s ability to accept cookies, you may not be able to access or take advantage of many features of the Service.

Many jurisdictions require or recommend that website operators inform users as to the nature of cookies they utilize and, in certain circumstances, obtain the consent of their users to the placement of certain cookies. If you are a customer of OpenSearchServer, it is your responsibility to inform the individuals with whom you interact using the Service, including your agents as to the types of cookies utilized in the Service and, as necessary, to obtain their consent. If you require more specific information as to the nature of the cookies utilized in the Service for purposes of fulfilling these obligations, please contact us by email at privacy@opensearchserver.com.

Web Beacons

We also employ web beacons to help us better manage content in the Service by informing us what content is effective. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of internet users. Unlike cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on websites. We tie the information gathered by web beacons to personal information we otherwise collect, and use them in our HTML-based emails to learn which emails have been opened by recipients. This allows us to gauge the effectiveness of our marketing campaigns as well as to operate and improve the Service. You can opt-out of these emails by following the unsubscribe instructions within such marketing emails.

“Do Not Track” Signals

We do not currently respond to web browsers’ “Do Not Track” signals that provide a method to opt out of the collection information about visitors’ activities on the OpenSearchServer Website and Service, and across other websites. If we do so in the future, we will provide all relevant information in this Policy.

Other Information Sharing

In addition to the purposes described above, we disclose personal information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law.

We may share information, including personal information with any entity that controls, is controlled by, or is under common control with OpenSearchServer, Inc.

Links to Other Websites

The Service contains links to websites and applications other than the Service, including websites and applications operated by affiliates and other third parties (“Third Party”). Please be aware that we do not determine and we are not responsible for the privacy practices or content of websites and applications operated by Third Parties. We encourage you to be aware when you leave the Service, and read the privacy statements of Third Party websites and applications linked to the Service. OpenSearchServer does not endorse and is not responsible for the practices of these Third Parties or their websites or applications. This Policy applies only to information collected by the Service.

Public Forums

The Service (including the OpenSearchServer Websites) offers publicly-accessible blogs or community forums. You should be aware that any information provided in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at privacy@opensearchserver.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Customer Testimonials/Comments/Reviews

From time to time, we post customer testimonials on the OpenSearchServer Websites which may contain personal information. We obtain the customers’ consent to post their names along with their testimonials.

Protection of Information

OpenSearchServer is committed to ensuring the security of your personal information. We utilize robust precautions to protect the confidentiality and security of the personal information within the Service, by employing technological, physical and administrative security safeguards, such as firewalls and carefully-developed security procedures. For example, when you enter confidential information (such as login credentials or information submitted from within the Service) we encrypt the transmission of that information using secure socket layer technology (SSL). These technologies, procedures and other measures are used in an effort to ensure that your data is safe, secure, and only available to you and to those you authorized to access your data. However, no internet, e-mail or other electronic transmission is ever fully secure or error free, so you should take care in deciding what information you send to us in this way.

Hosting and Data Transfer

We are based in the United States, but, unless we expressly agree otherwise (including through our Terms), we may host and process data, including personal information, in the United States and in other countries through third parties that we use to operate and manage the Service. When you access or use the Service, or otherwise provide information to us, you are consenting, on behalf of you and your authorized Agents, (and representing that you have the authority to provide such consent) to the processing and transfer of information in and to the United States and other countries which may have different privacy laws from your or their country of residence.

Choice

We process and store information on behalf of our customers. If you are an individual interacting with a customer of the Service and would no longer like to be contacted by that customer, please contact that customer directly. If you are a OpenSearchServer customer and would like to opt-out of receiving marketing communications from OpenSearchServer please contact us at privacy@opensearchserver.com or follow the unsubscribe instructions included in each marketing email. Requests to opt-out of transfers to our third-party vendors may also be submitted, but limitations on data sharing may make it difficult or impossible to provide the Service in this manner.

Correcting and Updating Your Information

The Data Protection Act of 1998 gives you the right to access the information that we hold about you. Should you wish to receive details about the information that we hold about you please contact the appropriate OpenSearchServer customer acting as the “data controller” or if you are our customer, please contact us at privacy@opensearchserver.com.

Customers may update or change the personal information they have provided OpenSearchServer by logging into the Service and providing such additional information where applicable. If you are our customer and would like to gain access to, or request deletion of information we have collected as “data controllers,” please contact us at privacy@opensearchserver.com. We will respond to such queries within 30 business days.

OpenSearchServer has no direct relationship with the individuals with whom our customers may interact using the Service. Any such individual seeking access to, or who would like to correct, amend, or delete data which may be stored in the Service should direct his query to the applicable OpenSearchServer customer acting as the “data controller” for such information.

Data Retention

OpenSearchServer will retain personal information we process on behalf of our customers or collect directly from our customers for as long as needed to provide Service to our customers, subject to our compliance with this Policy. We may further retain and use this personal information as necessary to comply with our legal obligations, maintain accurate accounting, financial and other operational records, resolve disputes, and enforce our agreements. We have established internal policies for the deletion of data from customer accounts following termination of a customer’s subscription to the Service.

Children’s Personal Information

OpenSearchServer does not knowingly collect any personal information from children under the age of 13. If you are under the age of 13, please do not submit any personal information through our Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Policy by instructing their children never to provide personal information on our Service without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to OpenSearchServer through our Service, please contact us, and we will use commercially reasonable efforts to delete that information from our databases.

Changes to the Privacy Policy

If we make any material changes to this Policy, we will notify you by email or by posting a prominent notice on the OpenSearchServer Websites prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Service constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Policy, is to discontinue use of the Service.

Business Transactions

OpenSearchServer may assign or transfer this Policy, and your user account and related information and data, including any personal information, to any person or entity that acquires all or substantially all of the business, stock or assets of, or is merged with OpenSearchServer.

Contact Us

If you have questions or complaints regarding this Policy or about the privacy practices of OpenSearchServer, please contact us by email at privacy@opensearchserver.com, or at:

OpenSearchServer, Inc.
Attn: Privacy Officer
2415 Third Street, Suite 231
San Francisco, CA 94107