Effective Date: May, 2018
This Privacy Policy describes the practices of Pulse Microsystems Ltd. (“Pulse”) regarding the collection, use and disclosure of the information we collect from and about you when you use Pulse’s web-based and mobile applications and Pulse’s websites that link to this Policy (the “Services”). By accessing or using the Services, you agree to this Privacy Policy, our Terms of Service, and our Acceptable Use Policy.
IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.
This Privacy Policy contains the following sections:
Pulse collects a variety of information that you provide directly to us. We process your information when necessary to provide you with the Services that you have requested when accepting our Terms of Service, or where we have obtained your prior consent, or where we have a legitimate interest to do so. For example, we may have a legitimate interest to process your information for security, testing, maintenance, and enhancement purposes of the Services we provide to you, or for analytics, research, and reporting purposes. Without your information, we cannot provide you with the Services you have requested or you may be limited in your use of the Services.
1. Information You Provide to Us
Pulse collects information from you through:
Information from and about you. The types of information we collect will depend upon the Services you use, how you use them, and what you choose to provide. The types of data we collect directly from you may include: - Name, address, telephone number and email address - Optional information, such as a photograph, that you elect to associate with your account (your “Profile Information”) - Log-in details and password, if you create an Pulse account - With your permission, calendar information stored on your mobile device - Any email requests or questions you submit to us - Demographic information such as your gender - User-generated content you post in public online Pulse forums.
Content. In using the Services, you may upload or input various types of content, including but not limited to: designs, images, machine or design related data, comments, etc. (together, the “Content”). If you are using the Services in connection with an account created by an Pulse Customer (e.g., employer, organization, or an individual), we collect and process the Content you submit on behalf of the Customer. As described more throughout this Policy, our Customers, and not Pulse, determine their own policies regarding storage, access, modification, deletion, sharing, and retention of Content which may apply to your use of the Services. For example, a Customer may provide or remove access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign organizations, or share designs or other content. Please check with the Customer about the policies and settings that they have instituted with respect the Content that you provide when using the Services. Payment Information. If you are a user of any paid service, we will utilize a third party credit card payment processing company to collect payment information, including your credit card number, billing address and phone number. The third party service provider, and not Pulse, stores your payment information on our behalf.
Information about others. If you choose to use an invitation service to invite a friend to the Services, we will ask you for that person’s contact information, which may include their email address or their social network identity, and automatically send an invitation. Pulse stores the information you provide to send the invitation, to register your friend if your invitation is accepted, and to track the success of our invitation service.
2. Information We Automatically Collect
When you use our Services that connect to the Internet, including, but not limited to, when you access the Services via our websites, your mobile devices, and Pulse software/applications, we automatically collect certain information as described in this Section. As discussed further below, we and our service providers (which are third party companies that work on our behalf to provide and enhance the Services) use a variety of technologies, including cookies and similar tools, to assist in collecting this information.
Log Files. When you use the Services, our servers automatically record certain information in server logs. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type and settings, referring / exit pages and URLs, number of clicks and how you interact with links on the Services, metadata associated with uploaded Content, domain names, landing pages, pages viewed, mobile carrier, date and time stamp information and other such information.
Device Identifiers. When you access the Services using a mobile device, we collect specific device information, including your MAC address and other unique device identifiers. We also collect information such as the type of device you are using, its operating system, and mobile network information, which may include your mobile phone number. We may associate this device identifier with your account and will use data associated with your device identifier to customize our Services to your device and to analyze any device-related issues.
Location Information. We collect and process general information about the location of the device from which you are accessing the Service (e.g., approximate geographic location inferred from an IP address).
3.Information We Collect From Third-Party Integrations
If you choose to use third-party integrations through the Services or are required to do so by a Customer, such providers may allow us and our service providers to have access to and store additional information about your interaction with those services and platforms as it related to use of the Services. If you do not wish to have this information shared, do not initiate these connections.
4. Information We Collect from Affiliates and Non-Affiliated Third Parties
Pulse may receive additional information about you, such as demographic information, from affiliates under common ownership and control, and from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may use to supplement the information that we collect directly from you.
5. Collection of Information Across Devices
Sometimes, we may use the information we collect — for instance, usernames, IP addresses and unique mobile device identifiers — to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of the Services. If you wish to opt out of our ability to track you across devices, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
To collect the information in the “Information We Automatically Collect” section above, we and our service providers use Internet server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. A web server log is a file where website activity is stored. An SDK is a section of code that we embed in our applications and software to allow third parties to collect information about how users interact with the Services. A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer and login session; (ii) store your preferences and settings; (iii) understand which web pages of the Services you have visited; (iv), enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform analytics; and (vi) assist with security and administrative functions. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, email open rates, measure popularity of the Services and associated advertising, and to access user cookies. As we adopt additional technologies, we may also gather information through other methods.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari).
We use your information (including any information that we collect, as described in this Privacy Policy) for various purposes depending on the types of information we have collected from and about you and the specific Pulse Services you use, including to:
Content. You can exercise certain control how your Content is used by/shared with others via your settings on the Services. Pulse may view and share your Content only as necessary (i) to maintain, provide and improve the Service; (ii) prevent or address technical or security issues and resolve support requests; (iii) if we have a good faith belief, or have received a complaint alleging, that such Content is in violation of our Acceptable Use Guidelines; (iv) as reasonably necessary to allow Pulse to comply with or avoid the violation of applicable law or regulation; (v) to comply with a valid legal subpoena, request, or other lawful process.; and (vi) as set forth in our subscription agreement with the Customer or as expressly permitted in writing by the Customer. We may also analyze your User Content in aggregate and on an anonymized basis, in order to better understand the manner in which our Service is being used.
Combined Information. You consent that, for the purposes discussed in this Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Policy.
Aggregate/De-Identified Data. We may aggregate and/or de-identify information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others. By using the Services, you consent to such use.
Anti-Piracy Auditing. We may audit Your software usage for anti-piracy purposes and to verify a valid registration. You consent to the Software sending such usage data (e.g., the number of instances the Software is launched, the device IP address, the Software serial number or security key number, menu items chosen, and/or the version of the Software) for registration, authentication, use and anti-piracy auditing and enforcement purposes as described herein.
1.Analytics
We use third-party web analytics services (e.g., Google Analytics) on our Services to collect and analyze the information discussed above, and to engage in auditing, research and reporting. The information (including your IP address) collected by various analytics technologies described in the “Cookies and Similar Technologies” section will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services, including by noting the third-party website from which you arrive, analyzing usage trends across Pulse products and mobile devices, assisting with fraud prevention, and providing certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
2.Online Advertising
Third parties or affiliates may administer Pulse banner advertising programs and other online marketing on non-Pulse websites and services. To do so, these parties may set and access first-party cookies delivered from an Pulse domain, or they may use third-party cookies or other tracking mechanisms. For example, a third-party provider may use the fact that you visited the Pulse website to target online ads for Pulse services to you on non-Pulse websites. Or a third-party ad network might collect information on the Services and other websites to develop a profile of your interests and target advertisements to you based on your online behavior. These parties that use these technologies may offer you a way to opt out of ad targeting as described below. You may receive tailored advertising on your computer through a web browser.
If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. Please note that we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
3.Notice Concerning Do Not Track
There is no uniform or consistent standard or definition for responding to, processing, or communicating Do Not Track signals. At this time the Services do not function differently based on a user’s Do Not Track signal. For more information on Do Not Track signals, see All About Do Not Track.
Pulse will share your information in the following ways:
Your role as a data controller.
As the data controller, you will determine the personal data we process and store on your behalf. If you use Pulse software solutions, we may process personal data for you depending on the products and solutions you use and the information you choose to send to your Pulse account or service. As a controller, you will provide privacy notices to individuals who engage with your brands detailing how you collect and use information, and obtain consents, if needed. If those individuals want to know what data you maintain about them or decide they want to discontinue their relationship with you, you will respond to those requests.
Our role as a data processor.
When we provide software and services to an enterprise, we’re acting as a data processor for the personal data you ask us to process and store as part of providing the services to you. As a data processor, we only process personal data in accordance with your company’s permission and instructions — for example, as set out in your agreement with us. Where your data is in one of Pulse’s online or cloud solutions and you need our assistance with any individual consumer requests, we will partner with you through processes, products, services, and tools to help you respond.
We provide you with a number of choices with respect to the information we collect and use as discussed throughout this Privacy Policy. For example: - You may instruct us not to use your contact information to contact you by email, postal mail or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us – see the Pulse Contact Info section below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational or service-related emails, such as those reflecting our relationship or transactions with you. - Through your account interface, you may opt-out of receiving categories of Services-related notices that are not deemed by Pulse to be integral to your use of the Services.
The Services contain links to third-party websites such as social media sites, and also contain third-party integrations. If you choose to use these sites or integrations, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. Because these third-party websites and services are not operated by Pulse, Pulse is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your personal and other information will be subject to the privacy policies of the third party websites or services, and not this Policy. We urge you to read the privacy and security policies of these third-parties.
The Services are intended for general audiences and not for children under the age of 16. If we become aware that we have collected personal information (as defined by the Children’s Online Privacy Protection Act) from children under the age of 16, we will take reasonable steps to delete it as soon as practicable.
Pulse complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from the European Union and Switzerland to the United States, respectively. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. In compliance with the EU-US Privacy Shield and Swiss-US Privacy Shield Principles, Pulse commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact Pulse at: privacy@pulsemicro.com. Pulse has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU Privacy Shield, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Pulse, please visit the BBB EU Privacy Shield web site at www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. Pulse is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) with respect to its compliance with the provisions of the EU-US and Swiss-US Privacy Shield. We may transfer information that we collect about you to third party processors across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. These third parties may have access to your information for the limited purpose of providing the service we have contracted with them to provide. They are required to have a privacy policy and security standards in place that are at least as protective of your information as is this Privacy Policy (including those provisions related to compliance with the EU-US and Swiss-US Privacy Shield). Pulse will take reasonable and appropriate steps necessary to ensure that any third party who is acting as a “data processor” under EU and Swiss terminology is processing the personal information we entrust to them in a manner that is consistent with the EU-US and Swiss-US Privacy Shield Principles. Pulse is potentially liable in cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US and Swiss-US Privacy Shield, respectively.
Under the law of some countries, you may have the right to ask us for a copy of your personal information; to correct, delete or restrict processing of your personal information; and to obtain the personal information you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share this information to another controller.
Where you have provided consent, you may withdraw your consent at any time, without affecting the lawfulness of the processing that was carried out prior to withdrawing your consent. In addition, you can object to the processing of your personal information in circumstances where we don’t have to process the information to meet a contractual or other legal requirement, or where we are using the information for direct marketing. These rights may be limited, for example, if fulfilling your request would reveal personal information about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping, such as fraud prevention purposes. To exercise any of these rights, including deactivating a Pulse related account, you can get in touch with us at privacy@pulsemicro.com.
Additionally, many of our websites and apps allow you to edit your personal information by accessing your profile. Likewise, you can delete files or photos you have stored in our websites and apps by logging in and using the deletion functions that are available. If you have unresolved concerns, you have the right to report them to an EU or other data protection authority where you live, work or where you believe a potential violation may have occurred. If you are a resident of France, you may provide us with instructions regarding the manner in which we may continue to store, erase and share your information after your death, and where applicable, the person you have designated to exercise these rights after your death.
When you register for an account on any of our websites or services, we process and keep most personal information we have about you for as long as you are an active user of our products, services or apps. When you close your account, after 60 days we begin deleting certain personal information that we no longer have a business reason to retain, such as your hashed password and your payment account data. However, we typically retain personal information related to our contract and business transactions with you for seven years after your last interaction with us.
Where we process personal information for marketing purposes or with your consent, we process the information until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a permanent record of the fact that you have asked us not to send you direct marketing or to process your information so that we can respect your request in future.
We reserve the right to amend this Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised Policy accessible through the Services, so you should review the Policy periodically. If we make a material change to the Policy, you will be provided with appropriate notice and we will seek your consent to the updated Policy in accordance with legal requirements.
Pulse takes technical and organizational measures to protect your personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure, and thus we cannot ensure or warrant the security of that information. If you have any questions about security on our Services, you can contact us at security@pulsemicro.com.
California law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined by applicable California law) with third parties for their direct marketing purposes. However, Pulse does not share your personal information with third parties for their own direct marketing purposes.
The data controller of your information is Pulse, located at 402-7125 Mississauga Road, Mississauga, Ontario, Canada L5N 0C2. If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please contact us atterms-questions@pulsemicro.com.
