The Functionary LLC. respects your privacy and recognizes your need for appropriate protection and management of your Personal Information (as hereinafter defined) that you (“you,” “your” and words of similar import mean you or, for services designed for businesses, the legal entity that you are authorized to represent and on whose behalf such services are so purchased) may submit to The Functionary LLC., its subsidiaries, affiliates and contractors (“The Functionary,” “we”, “our”, or “us”) in connection with any technology support services and products provided by or on behalf of The Functionary, whether during an on-site service visit, by telephone, through one or more web sites, including www.The Functionary.com (all such sites are collectively referred to as the “Site”), or during the performance of remote support services (all such support services, however provisioned are collectively referred to as the “Services”). For purposes hereof, the term “Personal Information” means information that (i) is recorded in any form; (ii) is about you, your computer or device (collectively, “Device”) or otherwise pertains to either you or any of your Devices; and (iii) can be linked to you. Personal Information includes information like your name, address, e-mail address, phone number, credit/debit card information and non-public information that is associated with the foregoing. Notwithstanding the foregoing, Personal Information does not include information that pertains to you or your Devices, but cannot reasonably be used to identify you.
We recognize that when you choose to provide us with information about yourself and your Devices, you trust us to act in a responsible manner. We have created this policy to inform you how your Personal Information will be treated if you visit or use the Site, and/or access or use the Services, and/or access, download, install and/or use any proprietary or third party software provided or otherwise made available in connection with providing the Services (collectively, the “Software”).
Notice and Choice
We intend to give you as much control as possible over your Personal Information. In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. We log your Internet address to give us an idea of which parts of the Site you visit and how long you spend there, but we do not link your Internet address of your Device to anything personally identifiable.
There are times when we request that you voluntarily provide information such as your name, telephone number, e-mail address and/or physical address. It is our intent to let you know before we collect Personal Information from you on the Internet or otherwise. Generally this information is collected when you register for an online Service or when you provide information in connection with an online transaction request for additional information or materials available from The Functionary. If you consent to receiving information from us, you will always have the option to “opt-out” of receiving
Collection of Personal Information
The Personal Information we gather from you helps us learn more about the visitors to the Site, users of the Services and/or the Software. We may collect information that you voluntarily submit to us, including the following Personal Information:
- To create an account for our Services, you must provide us with a valid e-mail address and a password of your choice. You may also provide us with your telephone number.
- If you decide to order any of the Services and/or Software, we will collect the information necessary to charge your credit / debit card, including your full name, your billing address, and information about your card.
- When you contact us by sending us an e-mail, we will collect any information that is contained in your e-mail.
- We may give you the opportunity to sign up for an electronic newsletter after you have provided us with your e-mail address.
You can choose not to provide us with certain information, but this may limit the features of the Services and/or Software you are able to use.
We may use tools to analyze traffic patterns and inform us how visitors are using the Site and how successfully we are marketing our Services and/or Software. We log your Internet address to give us an idea of which parts of the Site you visit and how long you spend there. We also collect the Internet address from which you arrived on the Site (if any) and the Internet browser you are using to visit the Site. We may rely on third party service providers to collect and analyze this information for us.
System Data Collection, Remote Control and Utilities
Our Services and Software help diagnose and resolve technology problems that you may have with your Device. We uses several types of software: the first type provides Device system information to The Functionary which helps us to identify, diagnose and resolve the technology problem that you have encountered and/or problems that may arise in the future; the second type allows The Functionary to remotely control your Device and modify its settings or software in our attempt to solve your technology problem; and the third type generally consists of utilities and other tools to improve Device’s performance and help solve your technology problem as described in our Terms of Service.
Monitoring of the Services
We may, but have no obligation to, monitor and record your access and use of the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to The Functionary to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to you; to enhance the types of Services we may provide to you in the future; and to protect ourselves and/or our Users. Solely with respect to Services recordings that do not contain Personal Information, we may use such recordings or extracts from such recordings to promote and market the Services, provided that we will not use or disclose your name, identifying information or any audio recording elements in any external marketing or promotion without your specific prior consent to do so.
Use of Personal Information
In general, Personal Information is used by us (i) to register you for our Services and/or the Software, (ii) to respond to your requests and provide the Services and/or the Software to you, (iii) to improve the features, performance and support of the Services and the Software, and (iv) to offer you additional information, opportunities, and functionality. We may also use your Personal Information to provide you with electronic newsletters or promotional e-mails, should you request to receive such communications from us.
The Functionary personnel and any third party contractors working for or with The Functionary in providing the Services and the Software only get access to any of the customer information (including any Personal Information therein) on a need-to-know basis and are under contractual obligations to keep the confidentiality of such information.
We may also collect and create aggregate information about customers, sales, traffic patterns, and data about our services and systems, and use such information internally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes, and we may provide it to third parties at our discretion, but this aggregate information will not include any Personal Information.
Disclosure of Personal Information
We may disclose your Personal Information to third parties in the following circumstances:/p>
- we have your permission to make the disclosure;
- the disclosure is required or authorized by law, regulation or mandatory professional standards;
- the disclosure is reasonably related to the sale or other disposition of all or part of our business;
- the information in question is publicly available;
- the disclosure is reasonably necessary to establish legal claims;
- in order to enforce or apply our Terms of Service;
- in order to protect the rights, property or safety of The Functionary or others; or
Disclosure to Contractors
Disclosure to Business Partners
Affiliates; Business Transitions; Necessary Disclosures
We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend the rights or property of us, the visitors of the Site and users of the Services and/or Software, or third parties.
We expressly reserve the right, and in some states and provinces may be legally required, to report certain materials, such as, but not limited to, child pornography or terror plans, that we may become aware of in the course of providing the Services to the authorities in charge.
Choices Regarding Personal Information
We do our best to maintain the accuracy of Personal Information you supply to us. You may access, correct, amend and update your Personal Information by contacting us at email@example.com. If you do contact us, we will require your name and e-mail address in order to identify you. We may request additional identifying information for security purposes.
When we delete information about you, it will be deleted from our active databases but may remain in our archives.
The Functionary retains Personal Information for as long as necessary to fulfill the purpose(s) for which it was collected, and your consent to such purpose(s) remains valid after termination of the Services and/or our relationship with you.
Security of Personal Information
To help protect the privacy of information you transmit through use of the Site, the Services and/or the Software, we use industry-standard technology that encrypts information you exchange with us. In addition, we use reasonable standard industry practice to protect the information we collect from you against unauthorized access. However, no company, including The Functionary, can fully eliminate security risks associated with the handling of information, including Personal Information, over the Internet, and with the storing of such information on servers that are connected with the Internet. If we learn of a security breach that involves your Personal Information and could result in identify theft, we will attempt to notify you so that you can take appropriate protective steps. By using the Site, the Services and/or the Software, or providing Personal Information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services and/or the Software. Depending on where you live, you may have a legal right to receive notice of a security breach by mail. To add your name and mailing address to our list for notification purposes only, or to withdraw your consent from receiving electronic notice, please contact us at firstname.lastname@example.org
Links to Other Sites
To help protect the privacy of information you transmit through use of the Site, the Services and/or the Software, we use industry-standard technology that encrypts information you exchange with us. In addition, we use reasonable standard industry practice to protect the information we collect from you against unauthorized access. However, no company, including The Functionary, can fully eliminate security risks associated with the handling of information, including Personal Information, over the Internet, and with the storing of such information on servers that are connected with the Internet. If we learn of a security breach that involves your Personal Information and could result in identify theft, we will attempt to notify you so that you can take appropriate protective steps. By using the Site, the Services and/or the Software, or providing Personal Information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services and/or the Software. Depending on where you live, you may have a legal right to receive notice of a security breach by mail. To add your name and mailing address to our list for notification purposes only, or to withdraw your consent from receiving electronic notice, please contact us at +1 (888) 250-6378.
Our Commitment To Children’s Privacy
Protecting the privacy of the very young is especially important. For that reason, we do not intentionally collect or maintain information from those we actually know are under the age of 13, and no part of the Site is intended to be structured to attract anyone under this age.
Policy Subject to Change
Privacy Considerations for Citizens of the European Union and Switzerland
We voluntarily adhere to the U.S. – EU Safe Harbor Framework and the U.S. – Swiss Safe Harbor Framework concerning the collection, use, retention and transfer of personal data from the European Union member countries and Switzerland to the United States. Accordingly, we follow the Safe Harbor Principles published by the U.S. Department of Commerce (“Principles”) with respect to all such data. The Principles can be found at http://www.export.gov/safeharbor.
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