It is the intent of Nuventive to be in compliance with the principles of the Personal Information Protection and Electronic Documents Act of Canada, the Safe Harbor Agreement between the United States and the European Commission (Safe Harbor Principles, published by the U.S. Department of Commerce on July 21, 2000), the Data Protection Act 1998 of the United Kingdom, and selected legislation worldwide regarding privacy of data.
Nuventive is responsible for any personal information under its control, including personal information that may be transferred to a third party for processing.
PURPOSES OF COLLECTION
Nuventive will identify the purposes for which it collects, uses and discloses personal information at or before the time of collection. Nuventive will only collect personal information that is reasonably necessary for the purposes that have been identified by it.
Nuventive collects, uses and discloses personal information for the following purposes:
• to administer and operate Nuventive’s software applications;
• to license the use of Nuventive’s software applications and provide related services to licensees and subscribers;
• to enter into contracts, agreements and other legally binding commitments with Users;
• to establish User accounts;
• to determine or verify credit ratings and/or make credit decisions;
• for invoicing and collection purposes;
• to market, advertise and promote Nuventive’s products and services;
• to maintain and support Nuventive’s software applications and respond to service requests, support requests, notices of deficiencies or operational problems with access to or use of such software applications, and comments or suggestions received;
• to provide notice of enhancements, upgrades and technical or informational updates with respect to its products and services;
• to conduct evaluations and surveys regarding the use and operation of its products and/or services and/or to learn about the needs and preferences of Users;
• to develop, prepare, license or sell enhanced, improved and/or new products and services;
• to communicate with Users with respect to new products or services or events offered by Nuventive, its affiliates and/or strategic partners;
• to prepare and provide a directory of Users groups or committees for networking purposes, if applicable;
• to publish and send newsletters to Users or User Groups;
• to conduct aggregated statistical analysis regarding use of its products and services;
• subject to adequate non-disclosure provisions determined by Nuventive, to enter into business relationships, agreements and other commitments with third parties who work with or on behalf of Nuventive or who supply products, services or other resources to Nuventive;
• to protect the rights or property of Nuventive and/or its affiliates;
• subject to adequate non-disclosure provisions determined by Nuventive, in connection with the sale, assignment, transfer, reorganization, merger, amalgamation or divesture of all or any portion of the shares, assets, business operations, intellectual property and/or other property of Nuventive, in whole or in part;
• to communicate with Users by telephone, e-mail, facsimile and other means for the above purposes; and
• any other purposes that may be stated herein.
If Nuventive proposes to use or disclose personal information which it has collected for a purpose not previously identified, Nuventive will make a reasonable effort to identify this purpose to the individual from whom the personal information was collected (either orally, in writing, by e-mail, by posting a notice on Nuventive’s web site(s) or by any other means deemed appropriate in the circumstances) and obtain such individual’s consent before such new use or disclosure. Nuventive will state such new purpose in such a manner that an individual can reasonably understand how his or her personal information will be used or disclosed. Nuventive will document the purposes for which personal information is collected.
CONSENT — USE OF NUVENTIVE WEB SITES AND SOFTWARE APPLICATIONS
If you are a Nuventive subscriber to one or more of Nuventive’s software applications, or a licensed User, you have provided a Login Name and Password that allows you to sign in and access to such software application(s). This Login Name and Password enables you to log in to Nuventive’s web site or the relevant software application, and it also serves as the only means of authenticating your identity on Nuventive’s web site and/or as an authorized User of a Nuventive software application. You should not give your Login Name or Password to a third party — anyone who has your Login Name and Password can log in to any Nuventive software application for which you have access rights and view all information that you and others have stored in the application.
Depending on the circumstances, Nuventive may obtain consent from individuals by other means, including, in writing, orally, by e-mail or other electronic means. The way in which Nuventive will seek consent, including whether express or implied consent is sought, may vary depending on the sensitivity of the personal information and the reasonable expectation of the individual supplying it.
Nuventive will not, as a condition of the licensing of a product or supply of a service, require an individual to consent to the collection, use or disclosure of personal information greater in scope than that required by Nuventive to fulfill the specified and legitimate purposes for which it was collected.
Subject to legal or contractual restrictions and upon reasonable notice to Nuventive, an individual may withdraw his or her consent at any time by contacting Nuventive’s Privacy Officer. Nuventive will inform an individual of the implications of withdrawing consent, including but not limited to the loss of the right to access any relevant Nuventive software application or inaccessibility of any information or other data that may be stored in any Nuventive software application.
LIMITING COLLECTION, USE AND DISCLOSURE
Nuventive’s software applications permit Users to store information with Nuventive, as part of the use of the relevant application, and all Users of the application authorized to use the application by the subscriber may have access to such information. Nuventive’s software applications are intended for storage of institutional files and data for department planning purposes, the storage of personal data in certain instances, and to achieve certain objectives.. Except for information selected and stored by Users in any Nuventive software application as part of the normal functionality of the program, Nuventive will limit its collection of personal information to the amount and type of personal information which it needs for its identified purposes, and Nuventive will only collect personal information by fair and lawful means and not indiscriminately.
Personal information will only be used or disclosed for the purposes for which it was collected, except with the consent of the applicable individual (which consent is implied by use of any Nuventive software application for information stored in such application that through the functioning of the application will be visible to any other Users authorized to use such application) or as permitted or required by law. In most cases, Nuventive’s software applications are not intended for storage of personal data, but instead function as a storage site for institutional data utilized in the operation of the relevant software application.
COLLECTION AND USE OF INFORMATION
In order to ensure that Nuventive’s web sites are useful and effective for its Users, Nuventive uses log files to analyze information. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track visitor’s movement in the aggregate,
and gather broad demographic information for aggregate use. These types of log files are not linked to personal information. Nuventive uses these statistics to improve site content and usability; this information does not identify visitors personally.
Visitors are not required to be Nuventive software application authorized Users in order to gain access to Nuventive’s public web sites, with the exception of specific secured pages. However, when a User enters a Nuventive subscriber Login Name and Password in order to access a specific Nuventive software application online or other secured pages, a “cookie” may be deployed. If the User clicks “Save Login Information”, the User Login Name will be saved in a “cookie” — a small text file stored on the visitor’s browser — on the User’s computer, so that the User will not have retype the Login Name the next time the User visits the web site. In addition, Nuventive’s hosted applications use the “Secure Sockets Layer” security protocol (“SSL”) — a standard industry security technology that protects web communications. SSL will write a “temporary cookie” to the User’s computer. This cookie enables the web site to “remember” this authentication information during movement from one page to another during a session. This makes it unnecessary to log in again on each page. The temporary cookie only saves assigned identification information for the session and contains no personal information. If you have set your Internet web browser to reject cookies, access may be denied to secured areas of Nuventive’s web sites.
Nuventive also collects limited personal information from Users and prospective Users worldwide in order to provide Nuventive’s software applications and related services to Users. Examples of this information would be: name and email address, and the IP address from which the User is linking to the relevant software application.
In addition, the nature and purpose of Nuventive’s software applications is to organize and store, and subsequently display, certain information and files selected by Users, which information is uploaded, in electronic file format, by Users to the relevant software application. While most of Nuventive’s software applications are intended for the storage and presentation of institutional data, it is the User’s choice, however, to include or not include personal information in such files. These uploaded files are selected by the User, and can be in virtually any electronic file format (e.g., Word documents, electronic spreadsheets, pdf format files, graphics, video and sound files, and links to other files accessible through the Internet from outside of the relevant software application).
Any information stored within a Nuventive software application can be viewed by persons who are provided with access to the application by the subscribing licensee to view the contents of the application. The viewer has the ability to copy or print all or part of the information stored in the application. Transfer of this data to Nuventive, for storage and display on Nuventive’s servers is allowed through the explicit consent of the institutional subscribers to or licensees of Nuventive’s software applications, and through adherence of Nuventive to the Safe Harbor Principles. Data entered into the application will be viewable by persons having access to the application who have permission from the administrators of the application to view or edit that part of the data stored in the application, and determination of the persons who will have access to such data is made by the subscriber or licensee. If a User does not desire his or her personal information to be accessible by third parties having access to the Nuventive software application, the User should not enter such information in the application.
Nuventive, and the schools with which the User may be affiliated as an administrator or faculty member, will have access to and the right to use any personal information and other data stored in the application. Nuventive may access such information for the purposes of obtaining aggregated statistical information regarding use and information stored in such application, maintaining such application, and responding to service requests, support requests, notices of deficiencies, or operational problems with access to or use of such software application received from Users or others.
COMMUNICATIONS FROM NUVENTIVE
SUBSCRIBER SERVICES: Nuventive uses personal information Users have voluntarily provided to Nuventive on its web sites, or by other means, to notify Users via e-mail or printed material of Nuventive events or other relevant products and services offered by Nuventive, or to respond to service or support requests. Also, if you are part of a Nuventive user group or committee, Nuventive may include your contact information in its directory of such Users for networking purposes.
NEWSLETTER: In the event that Nuventive publishes a newsletter for Users or User groups, Nuventive may contact Users and request permission to provide Users with the newsletter. In order to provide any newsletter to Users who grant permission, Nuventive may ask Users for certain contact information such as name, address and email address. Out of respect for our Users’ privacy, Nuventive will provide a way to opt-out of these communications.
SUBSCRIBER/USER SERVICES: Nuventive uses personal information Users have voluntarily provided to Nuventive on its web sites, or by other means, to notify Users via e-mail or printed material of Nuventive events or other relevant products and services offered by Nuventive. Nuventive communicates with Users on a regular basis to provide requested services, answer support questions and in regards to issues relating to User accounts or licenses. Typically, Nuventive would communicate with Users via email, but such communication may be by other means, such as telephone or mail. Also, if you are part of a Nuventive user group or committee, Nuventive may include your contact information in its directory of such Users for networking purposes. Users who wish to receive marketing information from Nuventive may be requested to signify this to Nuventive at the time of using Nuventive’s web site, or at a later time. If Nuventive provides for the electronic entry of any personal information on its web site, it will provide the User with the right to opt out of receiving any marketing information from Nuventive. If you wish to unsubscribe from receiving marketing materials please inform Nuventive’s Privacy Officer, or you may elect to opt out where indicated on any marketing materials provided to you electronically.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
Nuventive does not disclose personal information of its Users to third parties, except as authorized by its Users, as disclosed to third party service providers to Nuventive, or as may be permitted or required by applicable law. In circumstances where a User is affiliated with a school or other institution that has a license from Nuventive for use of a Nuventive software application, certain personal information regarding each affiliated User may be accessible to other affiliated Users. The licensed subscriber of the application may permit any information stored in the application to be copied, viewed or transferred by anyone designated by the subscriber, including persons and entities affiliated with, or not affiliated with, the subscriber, and Nuventive does not have any control over the designation of such persons or entities by the licensed subscriber to the application.
Nuventive may contact Users from time to time and ask Users if they want to receive information about products or services offered by Nuventive, or companies or organizations that are business affiliates or strategic partners of Nuventive. Personal information or other information regarding Users who respond affirmatively will be given to such third party companies or organizations. Users may be given the ability in any electronic communications from Nuventive to opt out of receiving any marketing information from Nuventive, or if you wish to unsubscribe from receiving marketing materials in the future, you may unsubscribe by contacting Nuventive’s Privacy Officer with such request.
Where the relevant Nuventive software application is hosted by Nuventive, Nuventive will retain personal information stored in the software application for as long as the licensed subscriber continues to subscribe to and remain a licensee of the application. If the licensed subscriber discontinues its subscription, or allows such subscription to lapse, or the subscription is otherwise terminated, Nuventive will retain personal information provided by the User only as long as is reasonably necessary or appropriate for the fulfillment of the purposes identified. Where personal information is no longer required to fulfill those purposes, Nuventive will use reasonable efforts to have it destroyed, erased or made anonymous. If the relevant software application is hosted by a licensee or its service provider (and, prior to any termination of a subscriber’s license where the application is hosted by Nuventive or its contracted service provider), Nuventive does not have control over information entered as data in the application at the licensed subscriber’s direction, or by the licensed subscriber’s authorized Users, and, therefore, has no control over the subscriber’s (or authorized User’s) use or disclosure of the information stored in the application, or its correction, deletion, or destruction by the subscriber or such Users, or anonymity of such information or data.
ACCURACY AND RIGHT OF ACCESS
Nuventive will use reasonable efforts to ensure that other personal information under its control is as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used. Upon request, Nuventive will inform an individual as to whether or not Nuventive holds any personal information about such individual and as to its use and disclosure of such information. If it is not possible to provide a list of the specific organizations to whom information has been disclosed, Nuventive will provide a list of organizations to whom information may have been disclosed. Nuventive will provide reasonable access to Users who want to review their personal information maintained by Nuventive, and to correct any inaccuracies or incompleteness in such information.
Access to personal information also may be requested by emailing email@example.com or by mailing a request to Nuventive’s Privacy Officer. Individuals requesting access should receive confirmation of a request within 2-3 business days. Nuventive will respond to an individual’s request for access within a reasonable time. Nuventive’s response will typically be provided at no cost to the individual; however, Nuventive reserves the right, depending on the nature of the request, to charge the individual for its costs to process the request and to receive payment of such costs prior to processing such request. If it is demonstrated that personal information is inaccurate or incomplete, Nuventive will amend the information as required to the extent more accurate information is provided and, if appropriate, will advise third parties having access to the information in question. If a challenge is not resolved to the satisfaction of the individual, Nuventive will record the substance of the unresolved challenge. Nuventive is not responsible for verifying the continued accuracy of Users’ personal information.
In certain circumstances, Nuventive may be unable to provide access to some or all personal information under its control. Those circumstances will be limited to those permitted or required by applicable law. Where permitted, the reasons for such refusal will be provided to the individual upon request.
INFORMATION PROVIDED TO THIRD PARTIES; RISK OF DISCLOSURE
Please keep in mind that whenever the subscriber or User voluntarily discloses personal information to third parties through electronic communication — by providing email messages, or granting access to the application — that information can be collected and used by others, including making copies or printing of such information and forwarding such information to others. By entering any personal information into a Nuventive software application, such information, including any sensitive personal information, may be stored, copied, printed, used, published and/or forwarded to others by the subscriber or User, and the privacy of such information cannot be protected. By including sensitive information, such as that pertaining to racial or ethnic origins, political or religious beliefs, financial information, or health or sex life, in the application, you are providing explicit consent to the disclosure of that sensitive information to the licensed subscriber and to any Users or other viewers that have been granted access to the information in the application. Also, you may receive unsolicited messages from viewers and other parties who obtain access to the information contained in the application.
Access to Nuventive software applications, maintained by Nuventive, is password-protected so that only the licensed subscriber and Users provided with access to the program may store or view information in the relevant application.
Nuventive may store and process personal information provided by Users, through such Users’ use of a Nuventive software application or Nuventive web sites, in the United States or any other country where Nuventive, its affiliates, agents or transferees are located. Nuventive staff will have access to information stored in the application for service, support and maintenance purposes. Schools or other institutions that have a license from Nuventive to use the application have the ability to store, copy and transfer any information entered into the application, and to make such information available to other Users as well as persons and entities not affiliated with the licensed subscriber.
A User may edit information stored in a Nuventive application where permitted by the licensed subscriber at any time by logging in with his or her Login Name and Password. Nuventive strongly urges Users to not divulge their Login Name and Password to anyone, and to not enable any login storage feature of any web browser or software program, which would permit anyone with access to the User’s or subscriber’s computer to have access to the subscriber’s or User’s account. Nuventive also urges Users to completely close their web browser window when they have finished visiting a Nuventive software application web site. This is to ensure that others cannot easily access personal information if the computer is shared or is used at a public place like a library or school computer center.
Nuventive has physical, electronic and procedural safeguards in place, including an Information Security Policy, to protect personal information provided to Nuventive or stored in Nuventive software applications from loss, theft, misuse and unauthorized access, disclosure, copying, use, alteration and destruction. Such safeguards, however, do not and cannot prevent any User having access to the program, with the permission or by the designation of the licensed subscriber, from being able to view, copy, modify or disclose information contained within the application. Although there cannot be a guaranty of the security of personal information provided by Users to Nuventive or stored in a Nuventive software application, Nuventive believes that its security policies and safeguards are reasonable and appropriate to adequately protect such information, regardless of the format in which such information is held. Nuventive intends to review and update its security policies and safeguards on a regular basis. Nuventive requires that its employees keep all personal information confidential and comply with its Information Security Policy and privacy practices. Nuventive uses reasonable efforts to ensure that upon disposal or destruction of personal information, confidentiality of the information is maintained.
OPTING OUT OF THE RELEASE OF PERSONAL INFORMATION
ENFORCEMENT/COMPLAINTS; LEGAL DISCLAIMER
Although Nuventive makes every effort to preserve the privacy of Users, Nuventive may need to disclose personal information when required or permitted by law, for instance, where it has a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on Nuventive or applicable to Nuventive’s web sites or software programs.
9800B McKnight Road – Suite 255
Pittsburgh, PA 15237
877-366-8700 (United States toll-free telephone number)
The Privacy Officer’s responsibility is to investigate any of your concerns or complaints, and, in consultation with and in conjunction with Nuventive’s legal advisors, to recommend and implement any and all appropriate corrective or remedial action.
For assistance, contact firstname.lastname@example.org or call toll-free (877) 366-8700.