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Privacy Statement

This Privacy Policy discloses the privacy practices for the website, Business-Software.com, and its various related services (together referred to as the “Site”). Gate58 Marketing, LLC (referred to as “we”, “us”, or the “Company”), the provider of the Site, is committed to respecting your privacy rights.  This Privacy Policy is only applicable to the Site and not to any other websites that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.

You acknowledge that this Privacy Policy is part of the Site’s Terms of Use (referred to as “Terms”), and by accessing or using the Site, you agree to be bound by all of its Terms and those supplemental terms that apply to you. If you do not agree to these Terms or you are under the age of 18, please do not access or use this Site.

Please also refer to the additional applicable sections below for your privacy rights if you are a resident in one of the following states in the U.S.: California, Colorado, Connecticut, Virginia and Nevada.

1. What information do we collect from you?

In order to provide you with various services on our Site, we collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information.

Personally Identifiable Information: This refers to information that allows us to know who you are. When you engage in an activity or submit a request for Site content from our site, such as, for example, downloading a Top 10 Report, white paper, or software demo, we will ask you to provide information that identifies you.  It is completely optional for you to engage in those activities. If you choose to engage in a particular activity on our Site, we will ask that you provide limited personal information which may include your first and last name, work email address, telephone number, name of your company, country location and your interest in particular products or services.

Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site’s Uniform Resource Locator (“URL”) that you just came from, which URL you go to next, what browser you are using, and your Internet Protocol (“IP”) address. An URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet. Even if you don’t register at our Site, we will still collect your Non-Personally Identifiable Information upon your visit to our Site.

2. Where do we collect information from you and how do we use it?

We collect Personally Identifiable Information about you when you voluntarily provide us with your Personally Identifiable Information to participate in online activities on our Site.

We may use Personally Identifiable Information to enhance the operation of our site, improve our marketing and promotional efforts, statistically analyze site use, improve product and service offerings, and customize the Site’s content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms of Use and this Private Policy.

In addition, we may also collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information. We may use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information.

3. With whom do we share your information?

We may share or transfer your Personally Identifiable Information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

We may share your Personally Identifiable Information with our affiliates. Affiliates may include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

We may share your Personally Identifiable Information to third-party sponsors or vendors for commercial purposes. When you choose to engage in an online activity on our Site by providing your Personally Identifiable Information, you are giving us your express consent for us to share your Personal Identifiable Information with certain third-party sponsors or vendors with products or services targeted to your interest from the online activity of your choice. The sharing of your Personally Identifiable Information may result in follow-up communications from those third- party sponsors or vendors regarding their products or services for marketing or promotional purposes. 

Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

4. What are your choices regarding collection, use, and distribution of your information?

You may choose not to provide us with your Personal Identifiable Information. However, you may only be able access limited portions of our Site.

You have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our site may not work properly in your case.

5. What security precautions are in place to protect against the loss, misuse, or alteration of your information?

Your Personal Identifiable Information is processed at our operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to and maintained on computers located outside of your state, country, or other governmental jurisdiction where the data protection law may differ than those from your jurisdiction. Your consent to this Privacy Policy followed by your submission of your Personally identifiable Information represents your agreement to that transfer.

We implement reasonable security procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure of or access to your Personally Identifiable Information reasonably appropriate to the level of the data concerned.  Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

6. Do we use “cookies”?

When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our site. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.

We may use an outside ad serving company to display banner advertisements on our site. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases, if provided by Site. We and our third party ad server may collect and use Non- Personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.

7. What should you know about privacy policies and data collection at any third-party sites accessible from our site?

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites that may be accessible through our site have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other third parties which place advertising on our site may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

8. How long do we retain your Personally Identifiable Information?

We retain certain information relating to your Personally Identifiable Information for as long as necessary to fulfill the purposes outlined in this Privacy Policy. This may include providing our services, complying with legal obligations, resolving disputes, and enforcing our agreements. If you have provided consent for marketing communications, we will retain your information until you opt-out or withdraw your consent.

9. What about updates and changes to Privacy Policy?

We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you.  Any such change, update, or modification will be effective immediately upon posting on the Site.

10. What else should you know about your privacy online?

You must be at least 18 years old to have our permission to use this site.  Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.

You may request to have your Personal Identifiable Information deleted from our database upon request with verification of your identity; however, once you have been contacted by our third- party sponsors or vendors, you should also contact them directly about your request. If we allow you to set up an account with user name and password, you may update your information or cancel your account at any time.

11. How to contact us:

If you have any questions about this Privacy Policy, the practices of this Site, your dealings with this Site, or your Personally Identifiable Information, please contact us by email at: privacy@business-software.com

Or written inquiries to:

Data Protection Department
Gate58 Marketing, LLC
1110 S. El Camino Real, Suite 5
San Mateo, CA 94402

 

Supplemental Privacy Notice for Colorado, Connecticut and Virginia Residents

This privacy notice section for Colorado, Connecticut and Virginia residents supplements the information contained in Business-Software.com’s Privacy Policy and it applies solely to all visitors, users, and others who reside in these states.

  • The right to know/access. You have the right to request that we disclose information to you about our collection, use, sale, disclosure for business purposes and share of personal information.
  • The right to say no to the sale or sharing of your personal information (opt-out) regarding targeted advertising. You have the right to opt-out of the sale of your personal information. Once we receive and confirm a verifiable consumer request from you, we will stop selling your personal information. To exercise your right to opt-out, please contact us by email to privacy@business-software.com.
  • The right to correct your personal information. You have the right to correct or rectify any inaccurate personal information about you that we collected. Once we receive and confirm your request, we will use commercially reasonable efforts to correct (and direct the parties that we have shared your information to correct) your personal information, unless an exception applies.
  • The right to delete your personal information. You have the right to request the deletion of your personal information under certain circumstances, subject to certain exceptions. Once we receive and confirm your request, we will delete (and direct parties that we have shared your information to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or other third parties that we have shared your information to:
    • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    • Debug products to identify and repair errors that impair existing intended functionality.
    • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
    • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
    • Comply with a legal obligation.
    • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not collect or process “sensitive” personal information.

 

Supplemental Privacy Notice for Nevada Residents
This privacy notice section for Nevada residents supplements the information contained in
Business-Software.com’s Privacy Policy and it applies solely to all visitors, users, and others
who reside in Nevada.

  • The right to say no to the sale or sharing of your personal information (opt-out). You have the right to opt-out of the sale of your personal information. Once we receive and confirm a verifiable consumer request from you, we will stop selling your personal information. To exercise your right to opt-out, please contact us by email to privacy@business-software.com

Supplemental Privacy Notice for California Residents under the California Consumer Privacy Act (CCPA) and/or California Privacy Rights of 2020 (CPRA)

This privacy notice section for California residents supplements the information contained in Business-Software.com’s Privacy Policy and it applies solely to all visitors, users, and others who reside in California.

Categories of Personally Information or Personally Identifiable Information Collected We (“Business-Software.com”) collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with You (“individual residing in California and participating in our online activity”). The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months from your activities on our website.

Please note that the categories and examples provided in the list below are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact collected by us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if you provided such personal information directly to us.

  1. Identifiers and personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
    Examples: your first and last name, work email, telephone number, company name
    and country
  2. Internet or other similar network activity.
    Examples: information derived from your online activities from our website
  3. Geolocation data.
    Examples: your IP Address and information derived from it
  4. Professional or employment-related information.
    Examples: your company name, work email and job title

Under CCPA/CPRA, Personally Information does not include:

  • Public information that is lawfully made available from federal, state, or local government records
  • Public information that a business has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media, or by the consumer; or information made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience
  • Deidentified or aggregated consumer information
  • Information excluded from the CCPA/CPRA’s scope, such as:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
    • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994

Sources of Personal Information
We obtain the categories of personal information listed above from the following categories of
sources:

  • Directly from you. (For example, when you voluntary submit your personal information to us)
  • Indirectly from you. (For example, from observing your online activities from our website)
  • Automatically from you. (For example, your usage data such as your Internet Protocol address, e.g. IP address)

Use of Personal Information
We may use or disclose personal information we collect for “business purposes” or “commercial purposes” (as defined under the CCPA/CPRA), which may include the following examples:

  • To operate our service and provide you with our service.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our service.
  • To fulfill or meet the reason you provided the information. For example, if you share your contact information to engage in an online activity or ask a question about our service, we will use that personal information to respond to your request or inquiry.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA/CPRA.
  • For internal administrative and auditing purposes.
  • To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
  • To share with our third-party sponsors or vendors related to your online activities after you have given us your consent for marketing communications regarding their products or services

If we decide to collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes, we will update this Policy.

Disclosure of Personal Information
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

  1. Identifiers and Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)); and
  2. Professional or employment-related information.

Please note that the categories listed above are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

Share of Personal Information
We may share or have shared in the last twelve (12) months with your personal information
identified in the above categories with the following categories of third parties:

  1. Our affiliates.
  2. Business partners.
  3. Third-party sponsors or vendors related to your online activities.

Sale of Personal Information
As defined in the CCPA/CPRA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration. We may sell or may have sold your personal information to third- party sponsors or vendors related to your online activity for commercial purposes. We may sell and may have sold in the last twelve (12) months the following categories of personal information:

  1. Identifiers and personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
  2. Professional or employment-related information.

Please note that the categories listed above are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

Sale of Personal Information of Minors Under 18 Years of Age
We do not knowingly collect or sell personal information from minors under the age of 18 through our service. We encourage parents and legal guardians to monitor their children’s Internet usage and instruct their children to never provide information on other websites without their permission.

If you have reason to believe that a child under the age of 13 (or 16) has provided us with personal information, please contact us with sufficient detail to enable us to delete that information.

Your Rights under the CCPA/CPRA
The CCPA/CPRA provides California residents with specific rights regarding their personal information. If you are a resident of California, you have the following rights:

  • The right to notice. You have the right to be notified which categories of your personal information are being collected and the purposes for which your personal information is being used.
  • The right to know/access. Under CCPA/CPRA, you have the right to request that we disclose information to you about our collection, use, sale, disclosure for business purposes and share of personal information.
  • The right to say no to the sale or sharing of your personal information (opt-out). You have the right to direct us to not sell your personal information. To submit an opt-out request, please contact us by email to privacy@business-software.com.
  • The right to correct your personal information. You have the right to correct or rectify any inaccurate personal information about you that we collected. Once we receive and confirm your request, we will use commercially reasonable efforts to correct (and direct the parties that we have shared your information to correct) your personal information, unless an exception applies.
  • The right to limit use and disclosure of sensitive personal information. You have the right to request to limit the use or disclosure of certain sensitive personal information we collected about you, unless an exception applies. To submit, please contact us by email to info@business-software.com.
  • The right to delete your personal information. You have the right to request the deletion of your personal information under certain circumstances, subject to certain exceptions. Once we receive and confirm your request, we will delete (and direct parties that we have shared your information to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or other third parties that we have shared your information to:
    • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

    • Debug products to identify and repair errors that impair existing intended functionality.

    • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

    • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

    • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

    • Comply with a legal obligation.

    • Make other internal and lawful uses of that information that are compatible with the context in which You provided it.

  • The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer’s rights.

Exercising Your CCPA/CPRA Data Protection Rights
Please see the “Do Not Sell My Personal Information” section and “Limit the Use or Disclosure of My Sensitive Personal Information” section for more information on how to opt out and limit the use of sensitive information collected.

Additionally, in order to exercise any of your rights under the CCPA/CPRA, and if you are a California resident, You can contact us by email: privacy@business-software.com.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information.

Your request to us must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it

We cannot respond to your request or provide you with the required information if we cannot:

  • Verify your identity or authority to make the request
  • And confirm that the personal information relates to you

We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice. Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt.

For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

Do Not Sell My Personal Information
You have the right to opt-out of the sale of your personal information. Once we receive and confirm a verifiable consumer request from you, we will stop selling your personal information. To exercise your right to opt-out, please contact us by email to privacy@business-software.com

Limit the Use or Disclosure of My Sensitive Personal Information
If you are a California resident, you have the right to limit the use and disclosure of your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests such services or goods. We collect, use and disclose sensitive personal information in ways that are necessary to provide the service.

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our service does not respond to Do Not Track signals. However, some third party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.

Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their personal information with third parties for the third parties’ direct marketing purposes.

If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact us by email at privacy@business-software.com.

California Privacy Rights for Minor Users (California Business and Professions Code
Section 22581)

California Business and Professions Code Section 22581 allows California residents under the age of 13 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, you can contact us using the contact information provided below, and include the email address associated with your account.

Be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Privacy Policy Last Updated: August 17, 2023.