Privacy and Data Security Policy

This privacy and data security policy (the “Privacy Policy”) applies to websites and software of Bigsocial, LLC that collect data and display these terms, as well as its offline product support software.

Thank you for using Bigsocial’s Big Tweets software and software (the “Software”). We value and respect your privacy, and the Privacy Policy is designed to assist you in understanding how we collect, use, and protect any information you may provide to us. YOUR USE OF THE SOFTWARE AND CONTINUED USE OF THE SOFTWARE FOLLOWING ANY CHANGES TO THE PRIVACY POLICY, SIGNIFIES YOUR CONSENT TO BE LEGALLY BOUND BY BOTH THE TERMS AND CONDITIONS OF THE PRIVACY POLICY.

The Information We Collect

When you use our Software, we may collect certain indirect and/or aggregate information as a result of your use of, and interaction with, the Software (“Usage Information”). In addition, in order to use the Software to submit and upload member data (“Member Data”) to our servers, equipment, and networks, you will need to create an account. To set up an account, you will need to provide several types of personally identifiable information (“Personal Information”). Finally, we may ask for your credit or debit card information if you sign up for a member account (“Card Information”).

Usage Information

We may use certain standard web measurement and tracking technologies such as “cookies,” web server logs, or other statistics programs to collect Usage Information and track and record how you use the Software. This data is anonymous and does not personally identify you. Usage Information helps us measure the success of the Software and its features or pages and to improve your online experience. Your browser may have an option that allows you to accept cookies, reject cookies, or receive notification when a cookie is sent, but you should note that the use of the more restrictive browser settings may limit your use of the Software. In addition, we may utilize use web beacons, also known as "action tags" or "one pixel .gif files", provided by our advertising serving partner, to measure the effectiveness of, and otherwise manage, our online advertising. These web beacons enable our advertising server to recognize you when you use the Software and to determine which banner ads bring users to the Software. We do not use spy ware, adware, or any other similarly intrusive software.

Use of Member Data

Our Software provides you with the ability to upload, store, process, and display Member Data. Bigsocial does not use your Member Data other than in aggregated forms.

Personal Information

When you create your account, we may ask you to provide Personal Information, including your name, e-mail address, and mailing address. You may choose not to provide your Personal Information; however, creating an account is a prerequisite for using the full functions of the Software. If a password is used to help protect your accounts and Personal Information, it is your responsibility to keep your password confidential.

Credit Card Information

In order to create a paid account, you will need to provide your Card Information directly to our third party payment processor. WE DO NOT DIRECTLY COLLECT, ACCESS, STORE, OR PROCESS ANY CREDIT CARD INFORMATION. PLEASE READ THE PRIVACY POLICY ON OUR PAYMENT PROCESSOR’S WEBSITE REGARDING THE USE, STORAGE, AND PROTECTION OF YOUR CREDIT CARD INFORMATION BEFORE SUBMITTING ANY CREDIT CARD INFORMATION.

Use of Information Collected

We use your information in order to provide the software you request and to analyze, manage, and improve the Software so we may continually strive to provide you with the best possible experience. In compliance with applicable laws, it is our policy to require only the Personal Information necessary to enable use to complete the specific transaction that you request; we do not condition your participation in any specific activity on our Software, including any transaction, on the disclosure of more Personal Information than is reasonably necessary to complete such specific activity and/or transaction. In addition, our Payment processor may only use your Card Information to process those monthly fees to which you have expressly agreed. We may also use information such as your name and e-mail address to contact you, respond to your inquiries, and send you information or notify you of special offers and other software. Finally, we use information to help us diagnose problems with our server or other technical issues relating to the performance of the Software. You should be aware that if you voluntarily disclose personally identifiable information (e.g., name, email address, personal photographs) on any publicly displayed area of the Software, such information may be collected and used by others and may result in unsolicited messages from other parties. We have no control over this type of use of your personally identifiable information and, as such, cannot be responsible for such use.

Disclosure of Your Information

We may disclose the information we collect from and about you, including your Personal Information and Member Data: (a) when we have reason to believe that such disclosure is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of the Software, or anyone else who could be harmed by such activities, or is appropriate or necessary to enforce the Terms of Use, take precautions against liability, investigate and defend against any third-party claims or allegations, and/or protect the security or integrity of the Software; (b) to respond to judicial process and provide information to law enforcement agencies in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; (c) except for your Member Data, to our business partners for research, analytical and marketing purposes; or (d) otherwise with your consent. We may sell or buy other businesses or entities. In such event, we may transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control. In such transactions, your Personal Information may be included in the transferred business assets and our successor may assume access, storage, and control of your member data until you terminate your account. We do not sell your Personal Information to third parties and have no intention of doing so in the future. Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your Usage Information with third parties for direct marketing purposes (“Information-Sharing Disclosure”). To the extent required by applicable law, we shall provide the Information-Sharing Disclosure to you upon rightful request made in writing to Bigsocial.

Opting-Out

You may opt-out of receiving communications about special offers or programs by clicking on a link provided at the bottom of the email communication.

Linked Sites

Our website (the “Website”) may contain links to other websites (such as those of our software partners or advertisers), which may have privacy policies that differ from our own. We are not responsible for the collection, use, or disclosure of information collected through third-party websites and expressly disclaim any liability related to such collection, use, or disclosure. We are also not responsible for any information or content contained on such websites. Links to other websites are provided solely as a convenience. Your browsing, use, and interaction on any other websites, including websites which have a link to the Website, are subject to that website’s own rules and policies. Accordingly, we recommend that you review the privacy policy posted on any website you may access through, or which links to, the Website.

Chilren's Privacy

The Software is not directed to, and we do not knowingly collect Personal Information from, children under the age of 13. We recommend that parents actively participate in their children’s use of the Internet. If you are under 13 years of age, please do not use or access the Software at any time or in any manner. If you believe that you may have information regarding a person under 13 that you believe to have registered an account with, or otherwise provided Personal Information via the Website, please contact us.

Security Procedures

We take commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personal Information or Member Data submitted via the Software. However, your email transmissions and/or other communications containing Personal Information or Member Data may be unlawfully intercepted or accessed by third parties and/or the Software may be subject to hostile network attacks or administrative errors. We cannot and do not guarantee the security of any information transmitted over the Internet. Once we receive your Personal Information or Member Data, we take steps we believe are commercially reasonable to limit access to your Personal Information or Member Data to only those employees and software providers whom we determine need access to the Personal Information or Member Data to provide the requested products, software, offers, or opportunities that may be of interest to you. However, even after we receive your Personal Information or Member Data, we cannot guarantee your Personal Information or Member Data may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our control. Accordingly, we cannot and do not guarantee your Personal Information or Member Data is completely secure and safe from such risks. FOR THE AVOIDANCE OF DOUBT, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION OR MEMBER DATA.

Special Note to International Users

By using the Software, you agree and acknowledge the Website is hosted in the United States. If you are attempting to access the Software from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Software, which is governed by U.S. law, this Privacy Policy, our Terms of Use, and, with respect to member accounts and Member Data, our Terms of Software, you are transferring your Personal Information to the United States and you consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Illinois with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Software, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Illinois, and (iii) the exclusive jurisdiction of the courts of the State of Illinois and the federal courts sitting in Chicago, Illinois.

Changes and Updates to the Privacy Policy

From time to time, we may revise the Privacy Policy. To help you stay current of any changes, we note the date the Privacy Policy was last updated above. Your use of the Software following the posting of any revised Privacy Policy shall be deemed acceptance of the revised policy.

Miscellaneous

If any part of the Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Privacy Policy shall continue in force and effect.