Terms & Conditions

Welcome to the WhereScape website, and thank you for taking the time to read these Terms and Conditions, which apply to your use of our website.

By using the website, you agree to be bound by these terms and conditions.

Some material on this website, including trademarks, is owned by third parties. If the copyright owner of any material (including trademarks and logos) published on this website is not WhereScape or if you have accessed material via a link provided on this website, your rights regarding that material will be as defined by the copyright owner of the material concerned.

Except as set out above, all rights to this website (including rights in text, graphics, selection, arrangement and overall website design) are reserved and no right or license is granted or implied under any copyright, patent, trade mark or other intellectual property right of WhereScape or any other party as a consequence of the publication of any material on this website.

No material from this website may be published in any media (including electronic media) without written permission from WhereScape.
 

PURPOSE OF INFORMATION

Information on this website is primarily of an introductory nature. WhereScape endeavors to ensure that the information is correct and fairly stated, but does not accept liability for any error or omission.

The development of WhereScape products and services is continuous, and published information may not be up-to-date. Not all WhereScape products and services referred to in this website may be available in your country.
 

LIMITATION OF LIABILITY

All material published on this website is provided "AS IS", and WhereScape gives no warranty of any kind regarding it. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Any information identified as provided by a third party is made available by WhereScape in good faith, however, WhereScape accepts no responsibility for the accuracy of the information.

WhereScape (including our officers, employees and agents) will not be liable (whether in contract, tort or otherwise whatsoever) to you or any third party claiming through you, direct, indirect or consequential damage, loss or expense (including loss of profits, loss of data or revenue, lost business or missed opportunities) arising from the use of, or inability to use, our website or its contents.
 

LINKED WEBSITES

WhereScape has no responsibility regarding any material you obtain from any other website, even if you access it via a link from this website. You should check the privacy policies of these individual websites to see how your personal information will be utilized by the operators of those third party websites.

For Freshdesk privacy policy, please refer to: http://freshdesk.com/privacy
 

YOUR PRIVACY RIGHTS | OUR PRIVACY POLICY

Effective Date: May 25, 2018

This policy describes:

  • how WhereScape collects, uses, manages and discloses personally identifiable information (PII) provided to WhereScape by you, as an individual (sometimes referred to as a “natural person” or “data subject”)
  • what rights you have with respect to your personally identifiable information (PII) as collected, used, managed and disclosed by WhereScape
  • how to exercise those rights

If you have any questions about this policy, after reading it, we encourage you to contact our Data Protection Officer, at dpo@wherescape.com, to get answers to your questions so that you can make informed decisions.

 

To What Does This Policy Apply?

This policy applies to WhereScape’s public web site, customer support forums and other online cloud-based services.

The current version of this policy is always available at https://www.wherescape.com/terms-conditions/.

 

What Personally-Identifiable Information Does WhereScape Collect?

In the European Union, WhereScape is referred to as a “data controller,” because we collect, retain and process personally identifiable information (PII) that you provide us.

As part of your use of WhereScape’s public web site, customer support forums or other online cloud-based services, we collect basic contact information from you, including, potentially, your proper name, your electronic mail (email) address, your cellular and/or landline telephone numbers, your position title and your postal address. In what follows, we will refer to this information as “Personal Information.”

Additionally, our systems collect – automatically – technical details of your interaction with those systems, including your Internet (IP) address, browser type and revision, and operating system. We also collect information on the time and date you interact with our systems, and how you interact with them – what pages or services you use, how long you use them, what content you access, and what content you download. If you make requests of us – for example, to download a white paper, or to receive a telephone call from a customer support representative – we record the request, and the date and time it is made. In what follows, we will refer to this as “Metadata.”

We do not collect or use personal financial information of any kind.

We do not collect or use personal health information of any kind.

 

Some of the Metadata we collect from you is stored on your computer in the form of browser cookies. Cookies are small files that are transferred, during a web interaction, to your computer’s hard drive through your web browser.  Cookies allow us recognize your browser, and to capture and recall Metadata that assists us in improving your experience of our services.

We use cookies to help us remember you, to process your requests, to provide you with online services, to understand and save your preferences for future website visits and to compile aggregated unidentifiable data about website traffic and interactions, so that we can offer better website experiences and tools in the future.

You can choose, unilaterally, to have your browser warn you each time a cookie is being sent, or to turn off cookies completely. If you turn cookies off, some of our services may not function properly.

 

How Is Personal Information Transmitted To WhereScape?

WhereScape follows generally accepted industry standards to protect information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Information and Metadata against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information and Metadata in our possession. This includes, for example, the use of firewalls, password protection and other access, authentication and authorization controls.

WhereScape cannot ensure or warrant the security of any Personal Information you transmit to WhereScape or guarantee that your Personal Information may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. No method of transmission or method of electronic storage is 100% secure. Therefore, we cannot guarantee the absolute security of your Personal Information.

 

How Does WhereScape Retain Personal Information?

We store Personal Information in our secure online databases, which are housed within secure servers owned by WhereScape, operated only by employees of WhereScape and housed either in our facilities, or in the facilities of our processors (see below).

WhereScape retains your Personal Information for as long as WhereScape has an ongoing commercial relationship with you, as a prospective customer or customer.

WhereScape follows generally accepted industry standards to protect information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Information and Metadata against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information and Metadata in our possession. This includes, for example, the use of firewalls, password protection and other access, authentication and authorization controls.

WhereScape cannot ensure or warrant the security of any Personal Information you transmit to WhereScape or guarantee that your Personal Information may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. No method of transmission or method of electronic storage is 100% secure. Therefore, we cannot guarantee the absolute security of your Personal Information.

 

How Does WhereScape Use Personal Information?

We do not rent, sell, trade or lend any personally-identifiable information we collect, ever.

We do not make decisions concerning you using personally-identifiable information you provide, ever.

 

In general, we use your Personal Information to provide you with services that you request, to provide you with information about our company, its mission, its products and services, and to contact you when necessary with commercial, administrative or analytical information you request or require.

More specifically, we use the Personal Information and Metadata you provide us to:

  • Provide, update, maintain and protect our websites, their services and their content, including for the investigation of security incidents.
  • Comply with various local, state and national laws, including the European Union General Data Protection Regulation (GDPR).
  • Personalize the services you receive from us.
  • Provide you with requested services and content via electronic and/or traditional mechanisms that you specify.
  • Communicate with you as required on topics that affect you, or on which you have expressed an interest, including notifications of changes to this policy.
  • Respond to legal and regulatory requests or demands from appropriate regulatory, public safety, law enforcement or governmental entities.
  • Deliver occasional communications from us consistent with our legitimate interests in our relationship with you.

In some cases, third parties provide us with services that help us service you: for example, to send you a text message, or to ensure that a white paper you have requested is delivered to you. Those third parties, known as “processors” in the European Union’s regulations, are bound by contractual agreements with us that include Data Processing Addenda (DPA) requiring those processors to protect your Personal Information, and to refrain from making use of your Personal Information for any purpose other than that specified in their contracts with us. WhereScape will not independently cause your Personal Information controlled by WhereScape to be transferred or otherwise made available to third parties, except to third party subcontractors who may process such data on behalf of WhereScape in connection with WhereScape’s services to you, and then only under the terms of a valid and reasonable Data Protection Addendum in force between WhereScape and that processor, and according to permissions given to WhereScape by you.

WhereScape uses Google Analytics to measure and evaluate access to and traffic on our public website, and to create website utilization reports for WhereScape personnel. Google operates independently from WhereScape, and has its own privacy policy, which we strongly suggest you review. Google may use the information collected through Google Analytics to evaluate your activity on our website. For more information, see Google Analytics Privacy and Data Sharing. You may opt out from the collection of navigation information about your visit to our website by Google Analytics by using the Google Analytics Opt-out feature.

WhereScape uses Marketo to provide pre- and post-sales services to our prospects and customers, and to create reports for WhereScape personnel. Marketo operates independently from WhereScape, and has its own privacy policy, which we strongly recommend you review. Marketo may use the information collected through its facilities to evaluate your activities within our services. For more information, see: https://documents.marketo.com/legal/privacy/

In compliance with California law, WhereScape hereby states that it does not currently read, recognize or respond to Do Not Track signals received from browsers.

In compliance with laws in various jurisdictions, WhereScape affirms that:

  • Our services are not directed to children under the age of 18
  • We do not knowingly collect or retain any Personal Data from persons under the age of 18
  • If we learn that WhereScape has inadvertently collected personally identifiable data from persons under 18 years of age without verifiable parental consent, we immediately delete that information

If you are a parent or guardian with concerns in this area, please contact our Data Protection Officer, as described below.

Your Privacy Rights

Depending on your country of residence, your privacy rights may include the right to:

  • Know what Personal Information WhereScape collects, how that information is transmitted and retained, and to what uses that information is put, generally
  • Know what Personal Information WhereScape retains concerning you, specifically
  • Receive a machine-readable copy of the Personal Information WhereScape retains concerning you, solely
  • Change Personal Information WhereScape retains concerning you, specifically
  • Request the deletion of Personal Information WhereScape retains concerning you, solely
  • Know what permissions and processing authorizations you have given WhereScape, with respect to your Personal Information
  • Change or revoke permissions and processing authorizations you have given WhereScape in the past, with respect to your Personal Information
  • Receive notification in the unlikely event that your Personal Information or personally-identifiable Metadata is inadvertently breached by WhereScape

Periodically, when you use our services, we will ask you to acknowledge, actively, your consent for us to use Personal Information you provide to perform specific activities. If you do not actively acknowledge that you consent to the use of your Personal Information to perform these activities, we will either [a] attempt to perform them without use of your Personal Information, if that is technically or procedurally feasible, or [b] inform you that we cannot perform the activities without authorization to use your Personal Information.

On all such occasions, we will record electronically your active consent to, or active dissent from, specific processing activities involving your Personal Information, and the date and time that consent or dissent was provided, as required by applicable law, including the European Union’s General Data Protection Regulation.

At any time, you can provide, update or revoke your active consent online by completing the form on the WhereScape data privacy consent page

If you receive unwanted commercial emails from us, you may unsubscribe from these at any time by following the instructions contained within the received email, by sending an email to the address provided in the “Contact Us” section of WhereScape’s website, or by contacting our Data Protection Officer, as described below. If you decline to receive commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request. Additionally, even after you decline to receive commercial messages from us, you may continue to receive either [a] administrative messages from us regarding our services or [b] informational messages from us, regarding your use of our services, if you have not also declined to receive those messages.

At any time, you may:

  • Know what Personal Information WhereScape collects, how that information is transmitted and retained, and to what uses that information is put, generally
  • Know what Personal Information WhereScape retains concerning you, specifically
  • Receive a machine-readable copy of the Personal Information WhereScape retains concerning you, solely
  • Change Personal Information WhereScape retains concerning you, specifically
  • Request the deletion of Personal Information WhereScape retains concerning you, solely
  • Know what permissions and processing authorizations you have given WhereScape, with respect to your Personal Information
  • Change or revoke permissions and processing authorizations you have given WhereScape in the past, with respect to your Personal Information
  • Ask any questions you may have concerning WhereScape’s use, processing, transmission or retention of your Personal Information

by contacting WhereScape’s Data Protection Officer (DPO) as indicated below:

Data Protection Officer
dpo@wherescape.com

WhereScape
2100 NW 133rd Place, Suite 76
Portland, OR 97229
USA
503-466-3979

WhereScape’s DPO will acknowledge all requests made by you within 72 hours of receipt, using the contact information you provide, will subsequently work with you to verify your identity (and your rights to your Personal Information), and will make all reasonable efforts to assist you in obtaining your desired outcome.

If you are a data protection authority, and require information from WhereScape within your organization’s legal or regulatory remit, please contact WhereScape’s Data Protection Officer, as described above.

 

How WhereScape Will Notify You Of Relevant Events

WhereScape’s DPO will acknowledge all requests made by you within 72 hours of receipt, using the contact information you provide, and will make all reasonable efforts to assist you in obtaining your desired outcome.

In the event that any Personal Information or personally-identifiable Metadata is compromised as a breach of WhereScape‘s security, WhereScape will promptly notify you in compliance with applicable law.

For other purposes, WhereScape provides notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, written or hard copy notice, or through conspicuous posting of such notice on our public website,  www.wherescape.com, as determined by WhereScape at its discretion.

 

HOW TO CONTACT US

Should you have any questions or concerns about these Terms and Conditions, please contact an office in your region.

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