Updated January 29, 2013
Information We Collect
Convercent may collect information about you from various sources. Specifically, we may obtain information about you:
- on www.convercent.com, www.thecompanyethicist.com, and through any of our mobile applications (collectively, the “Site”) (e.g., when you request information on the Site, establish an account, or submit content to the Site);
- when you call us, email us, or communicate with us through social media; and
- from our affiliates or subsidiaries, service providers, business partners, and other third parties.
The types of personal information we may obtain include:
- contact details (e.g., name, postal address, email address, and telephone number);
- username and password for the account you may establish on our Site;
- photographs, videos, comments, and other content you submit to us;
- payment card details (including payment card number, security code, expiration date, cardholder name and billing address);
- demographic information (e.g., age, date of birth, and gender);
- information you provide by interacting with us through social media;
- location information, such as the real-time geographic location of the device on which you install our mobile applications; and
- other details that you may submit to us or that may be included in the information provided to us by third parties.
In addition, when you visit the Site, we may collect certain information by automated means, such as cookies and Web beacons. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “Web beacon,” also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a Web server. We also may use third-party website analytics tools that collect information about visitor traffic on our Site and mobile applications.
The information we may collect by automated means includes:
- information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type);
- URLs that refer visitors to our Site;
- dates and times of visits to our Site;
- information on actions taken on our Site (such as page views and website navigation patterns);
- a general geographic location (such as country and city) from which a visitor accesses our Site or mobile applications; and
- search terms that visitors use to reach our Site.
How We Use the Information We Collect
We may use the information we obtain about you to:
- register you on our Site and manage and maintain your accounts on the Site;
- provide products or services you request;
- understand your needs and interests and tailor our products and services to suit your personal interests and the manner in which visitors use our Site, products, and services;
- communicate with you about products, services and promotions available locally, based on the geographic location transmitted by your mobile device;
- maintain a record of your purchases and other transactions on our Site;
- respond to your questions and comments and provide customer support;
- communicate with you through email, websites, mobile applications and social media about our products, services, offers, events and promotions, and offer you products and services we believe may be of interest to you;
- enable you to communicate with us through our blogs, social networks, and other interactive media;
- operate, evaluate, and improve our business and the products and services we offer;
- analyze and enhance our marketing communications, and strategies (including by identifying when emails sent to you have been received and read);
- analyze performance of our services and technology and to analyze trends and statistics regarding visitors' use of our Site, mobile applications, and social media assets, and the transactions visitors conduct on our Site;
- protect against fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users;
- enforce our Terms of Service; and
- comply with applicable legal requirements and industry standards and our policies.
We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
To direct our ad network vendors not to use your data to deliver targeted advertising to you, please contact us at email@example.com.
Information We Share
We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
We offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you. We comply with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework in respect of collection, use, and retention of personal information from European Union member countries and Switzerland.
You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information. We will apply your preferences going forward. In some circumstances, withdrawing your consent to Convercent’s use or disclosure of your personal information will mean that you cannot take advantage of certain Convercent offerings or Site features.
Here are the choices we offer:
Sharing Information with Business Partners
You may choose not to receive marketing email communications from us by clicking on the unsubscribe link in the marketing emails or by adjusting your email preferences using the online account you may establish on our Site.
To opt out of receiving marketing communications through the advertising networks of our ad network vendors, please contact us by email at firstname.lastname@example.org.
When you use a Convercent application on your mobile device, you may choose not to share your geo-location details with us by adjusting the device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all of our Site’s features. In addition, disabling cookies may cancel opt-outs that rely on cookies, such as Web analytics or targeted advertising opt-outs.
Your California Privacy Rights
If you are a California resident, you may request that we provide to you (i) a list of the categories of personal information about you that Convercent has disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed, if known to Convercent, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please email email@example.com.
Access and Correction
How We Protect Personal Information
We maintain appropriate administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. For example, You understand that other personal information (not including payment card information) may be transferred unencrypted and involve (i) transmissions over various networks and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. However, Convercent will use commercially reasonable efforts to encrypt payment card information during transfer over networks.
Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.
Linked Websites and Social Networks
Our Site may provide links to third-party websites for your convenience and information. Convercent does not control linked websites, and we do not endorse or make any representations about third-party websites. Linked sites may have their own privacy policies, which you should review if you visit those websites. We are not responsible for the content of any websites not affiliated with Convercent, any use of those websites, or those websites’ privacy practices.
We may also provide social media features on our Site that enable you to share Convercent information with your social networks and to interact with Convercent on various social media websites. Your use of these features may result in the collection or sharing of information about you. We encourage you to review the privacy policies and settings on the social media websites with which you interact to help you understand those websites’ privacy practices.
Convercent does not direct its Site to children under the age of 13. We require registered users of the Site to be at least 18 years old. If we learn that a user of the Site is under 18 years old, we will promptly delete any personal information that the individual has provided to us.
How to Contact Us
Attn: Convercent Marketing
Denver, Colorado 80203
Terms of Service
Updated January 29, 2013
Convercent and our affiliates (collectively, “Convercent”, “we”, “us” and “our”) provide this Site (www.convercent.com, www.thecompanyethicist.com and any of our mobile applications; collectively, the “Site”) subject to the following terms of service (“Terms of Service”). Please read these Terms of Service carefully. By accessing and/or using this Site you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service – this is true whether you are just visiting by browsing the Site on your computer or on a mobile or wireless device, using the Site for any reason without being registered, or if you have signed up for or registered for an account. This Site is intended for individuals who are at least 18 years old. If you are under the age of 18, you should not be visiting this Site.
Convercent may change, modify or otherwise alter these Terms of Service in its sole discretion at any time, with or without notice to you. You must review these Terms of Service on a regular basis to keep yourself apprised of any such changes. By using this Site after any such changes have been made, you agree to comply with, and to be bound by, the modified Terms of Service and all such changes.
Any software or services made available on this Site shall subject of the applicable license or services agreement.
1. SITE CONTENT; USE OF THE SITE
The Site and the content, including, but not limited to, text, software, technology, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials, as well as the selection and arrangement thereof (collectively, the “Content”) are owned by or licensed to Convercent, subject to copyright and other intellectual property rights under the law. You may access Content for your information and personal use solely as intended through the provided functionality of the Site and as permitted under these Terms of Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Convercent or the respective licensors of the Content. Convercent and its licensors reserve all rights not expressly granted in and to the Site and the Content.
Convercent hereby grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Site as set forth in these Terms of Service, provided that you do not:
- use the Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
- use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or any data or content found on or accessed through the Site without prior express written consent;
- obtain or attempt to obtain through any means any materials or information on the Site that have not been intentionally made publicly available either by their public display on the Site or through their accessibility by a visible link on the Site;
- in any way bypass or circumvent any other measure employed to limit or prevent access to the Site or Content displayed on the Site;
- violate the security of the Site or attempt to gain unauthorized access to the Site, Content, computer systems or networks connected to any server associated with this Site, through hacking, password mining or any other means;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site, including accessing any Content or other information prior to the time that it is intended to be available to the public on the Site; or
- take or attempt any action that, in Convercent’ the sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or our infrastructure.
2. YOUR ACCOUNT
In order to access some features of the Site, you will have to register for a Convercent account. If you register for an account on the Site, you must select a username and password and provide contact information and any other identification details as may be requested in Convercent’s sole discretion. By registering for an account on the Site, you agree to provide true, accurate, current and complete information about yourself, and you agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You shall register for and use your account on the Site in strict compliance with (a) these Terms of Service, and (b) all applicable laws, rules and regulations. Failure to do so constitutes a violation of these Terms of Service, which may result in immediate termination of your license to access and use the Site.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Convercent cannot and will not be liable for any loss or damage from your failure to maintain the security of your account credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your account credentials, you must notify Convercent immediately. Convercent may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.
4. CONTENT YOU SUBMIT
You may not upload to, distribute, or otherwise publish through this Site any content that:
- is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;
- may contain software viruses or malware;
- contains advertisements or solicitations of any kind, or other commercial content;
- is designed to impersonate others;
- contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
- contains messages by non-spokesperson employees of Convercent purporting to speak on behalf of Convercent or containing confidential information or expressing opinions concerning Convercent;
- contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
- contains multiple messages placed within individual folders by the same user restating the same point;
- contains chain letters of any kind; or
- contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (i) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (ii) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (iii) sending messages to distribution lists, newsgroup aliases or group aliases.
5. ACCOUNT TERMINATION
You may terminate your account at any time, for any reason, by contacting firstname.lastname@example.org. Convercent reserves the right to refuse service, terminate accounts, remove or edit content, or cancel accounts for any reason, in its sole discretion. These Terms of Service will remain in full effect even after your account is terminated. Termination of your access or use will not waive or affect any other right or relief to which Convercent may be entitled, at law or in equity.
This Site may contain links to other websites or resources that are operated by third parties not affiliated with Convercent. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms of service and privacy policies may apply to your use of any linked sites or resources. Convercent is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
The information or data (collectively, "Information") made available at the Site are provided "AS IS," without warranties of any kind. Convercent expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Convercent shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from the Information or the lack of information available on the Site.
7. DISCLAIMERS; LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONVERCENT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CONVERCENT NOR ITS LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE, MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE AND DAMAGE TO YOUR COMPUTER SOFTWARE, HARDWARE, CONTENT AND BUSINESS RESULTING FROM THIS SITE.
You agree to defend, indemnify and hold harmless Convercent and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.
9. ELECTRONIC COMMUNICATIONS
When you use the Site or send emails to Convercent, you are communicating with Convercent electronically. You consent to receive electronically any communications related to your use of this Site. Convercent will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Convercent is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. Convercent may monitor, not post, or remove any such content in its sole discretion.
10. RELATIONSHIP OF THE PARTIES
Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Convercent.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Convercent without restriction.
13. INTELLECTUAL PROPERTY NOTICES
Copyright © 2013 Convercent, Inc. MySafeCampus®, MySafeHospital®, MySafeSchool®, MySafeWorkplace® and the MySafeWorkplace logo® are registered trademarks, and Convercent™ and Anonymous Incident Reporting Systems™ are unregistered trademarks, of Convercent, Inc. Unauthorized use of these trademarks are strictly prohibited. Certain Business Control services are supported by issued patent and patent pending technology.
14. HOW TO CONTACT US
If you have any questions or comments about these Terms of Service, or if you would like us to update information we have about you or your preferences, please contact us by email at email@example.com. You also may write to:
Attn: Convercent Marketing
Denver, Colorado 80203