Prophix Privacy and Security Statement

Effective starting: July 31, 2019  

Data privacy is important to us. We are committed to protecting your privacy and we are keenly aware of the trust you place in us.

This Privacy Policy applies to www.prophix.com and Service, owned and operated by Prophix Software, Inc. (collectively “Prophix”, “we”, “us”, or “our”). This Privacy Policy describes how Prophix collects, uses, shares and secures the personal information you provide either through your visits to Prophix’s websites (the “Public Website”) or through your use of the Prophix cloud services (the “Prophix Cloud Services”). It also describes your choices regarding use, access and correction of your personal information.

1. Prophix Public Web Site

What information do we collect?

We collect information from you, which may include, your name, title, company name, address, phone number, e-mail address and certain company information, such as, number of employees, annual company revenue, or industry. Providing this optional information is voluntary on your part.

As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.

Cookies

Cookies are unique identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Public Website and the Prophix Cloud, while others are used to enable a faster log-in process or to allow us to track your activities at our Public Website and the Prophix Cloud. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Prophix Cloud. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our site.

Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. Our Public Website uses persistent cookies.

Prophix and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.

What do we use your information for?

Any of the information we collect from you may be used in the following ways:

  • To personalize your experience and tailor content and information that we may send or display to you (your information helps us to better respond to your individual needs)
  • To provide our services to you, to communicate with you about your use of our Public Website and services, to diagnose technical problems, to respond to your inquiries and for other customer service purposes
  • To improve our website (we continually strive to improve our website offerings based on the information ad feedback we receive from you).
  • For marketing and promotional purposes. For example, we may use your information, such as your e-mail address and other optional information you provide, to send you news and newsletters, special offers, services, promotions, partners, events or promotions or to otherwise contact you about products or information we think may interest you. If you would like to discontinue receiving this information, you may update your email preferences by using the “Unsubscribe” link found in emails we send to you or by contacting us at privacy.officer@prophix.com.
  • We partner with a third party to display advertising on our website or to manage our advertising on other sites. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click here [or if located in the European Union click here].
  • Third Party Analytics – Prophix may use automated devices and applications to evaluate usage of our Public Website. We use these tools to help us improve our user experiences. These entities may use cookies and other tracking technologies to perform their services.

Sharing of Information Gathered

Prophix will not share your information, including personal information, with third parties, except as follows:

  • Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Statement.
  • Vendors, Contractors, and or Agents. We may disclose the information we collect from you from the Public Website to third party vendors, service providers, contractors or agents who perform functions on our behalf, provided they agree to the principles in this Statement. These companies are authorized to use your personal information only as necessary to provide services to us which may include: payment processing, providing customer service, fulfilling orders, subscription services or sending marketing communications, and conducting research and analysis.
  • Assignment. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company. Accordingly, we will notify you via email and/or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information. We may also disclose your personal information to any other third party with your prior consent.
  • By Law. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena or to meet national security or law enforcement requirements.
  • To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Statement, or as evidence in litigation in which Prophix is involved. Prophix will not sell any information gathered.

Links to Third Part Sites

Our Websites include links to other third-party sites for your convenience. If you access those links you will leave the Prophix Websites. If you submit personal information to any of those third party sites, your information is then no longer governed by this Privacy Policy. Prophix does not endorse or make any representations about any third party websites. We encourage you to carefully read the privacy policy of any website you visit.

2. PROPHIX CLOUD SERVICES INFORMATION COLLECTION

Prophix also collects information, including personal information, from users of the Prophix Cloud Services (“User Information”). Access to the Cloud is subject to the terms and conditions of Prophix Cloud Services Agreement or similar agreement between Prophix and the party or entity that has subscribed to the Cloud Services. Any User Information provided through the Cloud Services will be subject to this Statement, unless otherwise specified in the Prophix Cloud Services Agreement.

Information Collected

Prophix collects the following User Information in connection with the Cloud Service:

  • Information required to use the Prophix Cloud
  • User profile information voluntarily provided by users, for example a phone number or profile picture
  • Prophix receives financial information from its customers which may include personal information.

Use of Information Gathered

Prophix uses User Information for the sole purpose of providing and improving the Prophix Cloud, maintaining security, and diagnosing technical problems as further described in its Prophix Cloud Services Agreement.

Prophix may use automated devices and applications to evaluate usage of the Prophix Cloud. We also may use other analytic means to evaluate the Prophix Cloud.   We use these tools to help us improve our services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services.

Sharing of Information

Prophix will not share User Information with third parties, except as follows:

  • Affiliates. We may disclose the User Information we collect to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
  • Vendors, Contractors, and or Agents. We may disclose the User Information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf, provided they agree to the principles in this Statement. These companies are authorized to use your personal information only as necessary to provide cloud computing infrastructure or professional services as subcontractors.
  • Assignment. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the User Information we have collected to the other company.
  • By Law. We also may disclose User Information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena or to meet national security or law enforcement requirements.
  • To Protect Us and Others. We also may disclose the User Information we collect where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of the Prophix Cloud Services Agreement or this Policy or as evidence in litigation in which Prophix is involved.

3. GENERAL PROVISIONS APPLICABLE TO ALL CUSTOMERS AND VISITORS

How to Access and Control Your Personal Information

Upon request Prophix will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by logging into your account or by contacting us at privacy.officer@prophix.com.  We will respond to your request within a reasonable timeframe. In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.

We acknowledge that you have the right to access your personal information. Prophix has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to the Prophix’s Client (the data controller). If requested to remove data we will respond within a reasonable timeframe. In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.

Sensitive Information

We will not intentionally collect or maintain, and do not want you to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.

Children’s Online Privacy Protection

Neither the Public Website nor the Prophix Cloud are designed for or directed to children under the age of 13, and we will not intentionally collect or maintain information about anyone under the age of 13. If we are made aware that information is or has been submitted by or collected from a child below 13, we will immediately delete their personal information.

Security

The security of your personal information is important to us.  We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at privacy.officer@prophix.com.

We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.

The Public Website and the Prophix Cloud have security measures in place to help protect against the loss, misuse, and alteration of information and data under our control. Prophix hosts the Public Website and the Prophix Cloud in a secure environment that uses firewalls, intrusion detection, anti-malware, and other advanced technology to prevent interference or access from intruders. These safeguards help prevent unauthorized access, maintain data accuracy and ensure the appropriate use of information and data.

Changes to this Privacy Policy

Prophix reserves the right to change this Privacy Policy as reasonably necessary or advisable to accommodate changes to the law, technology or circumstances, and will use reasonable efforts to through the Public Website and the Prophix Cloud at least thirty (30) business days prior to the changes taking effect.

Contacting Prophix

Questions regarding this Policy or the Prophix Cloud Services or Public Website should be directed to Prophix’s Privacy Officer by e-mailing such questions to: privacy.officer@prophix.com or by regular mail addressed to Prophix Software, Inc., Attn: Privacy Officer, 350 Burnhamthorpe Rd West, Suite 1000 Mississauga, ON, Canada L5B 3J1

Disputes

Prophix will attempt to investigate and promptly resolve any disputes or complaint regarding the interpretation or compliance with this Policy. You can submit a dispute or complaint to us as set forth in the section entitled Contacting Prophix above. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.