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 may combine the information we collect with publicly available information and information we receive from our affiliates, business partners, and other third parties. We may use that combined information to enhance and personalize your experience with us, to communicate with you about products, services, and events that may be of interest to you, for promotional purposes, and for other purposes described in this Privacy Policy.

We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

Online Advertising

On our Site, we may collect information about your online activities to provide advertising about products and services tailored to your individual interests. You may see certain ads on the Site and other websites because we participate in ad networks. Ad networks allow us to target our advertising to users through demographic, behavioral, and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, Web server logs, Web beacons, and other methods. The networks use this information to show you advertisements for Convercent and our business partners that are tailored to your individual interests. The information our ad network vendors collect includes information about your visits to websites that participate in the vendors’ advertising networks, such as the pages or advertisements you have viewed, and the actions you take on websites. This data collection and ad targeting take place both on our Site and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.

To direct our ad network vendors not to use your data to deliver targeted advertising to you, please contact us at marketing@convercent.com.

Information We Share

We do not sell or otherwise disclose personal information about you, except as described in this Privacy Policy.

We may share the personal information we collect with our affiliates, business partners, ad network vendors and their participants, and other third parties for the purposes described in this Privacy Policy, including to communicate with you about products and services, offers, events, and promotions that we believe may be of interest to you. We also may share personal information with our service providers who perform services or process information on our behalf. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

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 reserve the right to transfer personal information we have about you in the event we sell, merge or transfer all or a portion of our business or assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Policy. Following such a sale, merger, or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

Your Choices

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 direct Convercent not to share your personal information with our business partners for those partners’ own purposes. To do so, please adjust your preferences using the online account you may establish on our Site. If you opt out, we will continue sharing your information as otherwise described in the “Information We Share” section of this Privacy Policy, including with our service providers, to fulfill your requests and to comply with legal requirements.

Marketing Emails
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.

Targeted Advertising
To opt out of receiving marketing communications through the advertising networks of our ad network vendors, please contact us by email at marketing@convercent.com.

Geo-Location Information
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.

Cookies
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 marketing@convercent.com.

Access and Correction

You may obtain a copy of certain personal information we maintain about you or update or correct inaccuracies in that information using the online account you may establish on our Site. In addition, if you believe other personal information we maintain about you is inaccurate, you may request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section of this Privacy Policy. If we deny an access request, we will notify you of the reasons for the denial.

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.

Children's Privacy

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.

Updates to Our Privacy Policy

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our Site to notify you of any significant changes to our Privacy Policy and indicate at the top of the Privacy Policy when it was most recently updated.

How to Contact Us

If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at marketing@convercent.com. You also may write to:

Convercent
Attn: Convercent Marketing
929 Broadway
Denver, Colorado 80203

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:

1. use the Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
2. 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;
3. 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;
4. in any way bypass or circumvent any other measure employed to limit or prevent access to the Site or Content displayed on the Site;
5. 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;
6. 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
7. 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.

3. PRIVACY POLICY

The Privacy Policy applies to the collection, use, disclosure and other processing of personal information on this Site. You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. We may update the Privacy Policy from time to time in our sole discretion.

4. CONTENT YOU SUBMIT

If you submit Content to the Site, you shall be solely responsible for such Content and the consequences of submitting and publishing your Content on the Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit. You retain all of your ownership rights in your Content. However, by submitting Content to the Site (other than personal information, which is handled in accordance with the Privacy Policy), you hereby grant Convercent a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and Convercent’s business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these Terms of Service. You understand that Convercent does not guarantee any confidentiality with respect to any Content you submit.

You may not upload to, distribute, or otherwise publish through this Site any content that:

1. 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;
2. may contain software viruses or malware;
3. contains advertisements or solicitations of any kind, or other commercial content;
4. is designed to impersonate others;
5. 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;
6. contains messages by non-spokesperson employees of Convercent purporting to speak on behalf of Convercent or containing confidential information or expressing opinions concerning Convercent;
7. contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
8. contains multiple messages placed within individual folders by the same user restating the same point;
9. contains chain letters of any kind; or
10. 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 marketing@convercent.com. 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.

6. LINKS

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.

8. INDEMNIFICATION

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.

11. ASSIGNMENT

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.

12. GENERAL

These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and Convercent that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Denver, Colorado. These Terms of Service, together with the Privacy Policy and any other legal notices published by Convercent on the Site, shall constitute the entire agreement between you and Convercent concerning the Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Convercent’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND CONVERCENT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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 marketing@convercent.com. You also may write to:

Convercent
Attn: Convercent Marketing
929 Broadway
Denver, Colorado 80203