Privacy Statement

Your privacy is important to Perceptive Software, LLC, a Lexmark company. We recognize your need for appropriate protection and management of any personal information you share with us. To assist you, we provide this Privacy Statement explaining our online information practices and the choices you can make about the way your information may be collected and used.

Personal information collected on Perceptive Software sites and services may be stored and processed in the United States or any other country in which Perceptive Software or its affiliates, subsidiaries or agents maintain facilities. By using a Perceptive Software site or service, you consent to any such transfer of information outside of your country.  We adhere to the European Union's and Switzerland’s Safe Harbor Principles administered by the United States Department of Commerce. More information about the U.S. Department of Commerce Safe Harbor Programs can be found at: http://www.export.gov/safeharbor/.

Sites Covered by this Privacy Statement

This Privacy Statement applies to the PerceptiveSoftware.com websites in the United States.  The privacy statements of Perceptive Software websites directed at non-U.S. residents may differ from this Statement to reflect local site features and applicable law.

What Information We Collect

This Privacy Statement applies to all personal information collected by or submitted to Perceptive Software (or carefully selected third parties acting on Perceptive Software's behalf)."Personal information" is data that reasonably can be used to identify or describe an individual. You do not need to provide us personal information simply to browse our site.

 We collect personal information when:

  • you make purchases of products or services;
  • you register products online;
  • you request support for a product;
  • you request software downloads;
  • you create a user account (login user name and password);
  • you request information or materials (e.g., whitepapers or newsletters);
  • you participate in surveys and evaluations;
  • you participate in promotions, contests or giveaways;
  • you apply for a job or submit your resume;
  • you submit questions or comments to us.

 The types of personal information collected may include (but are not limited to):

  • your first and last name;
  • your title and your company's name;
  • your home, billing, or other physical address (including street name, name of a city or town, state/province, postal code);
  • your email address;
  • your telephone number;
  • (for job applicants submitting electronic information) your educational background, employment experience, and job interest;
  • any other identifier that permits Perceptive Software to contact you;
  • any information that Perceptive Software collects online from you and maintains in association with your account, such as your username and your password.

How We Use Your Information

Perceptive Software uses the personal information it collects to operate and improve its websites, to fulfill your requests for information, to register your products, to process your job application, to provide you promotional materials, to allow you to participate in contests and surveys, to provide service and support, and to carry out the transactions you have requested. These uses may include providing you with more effective customer service; making the sites or services easier to use by eliminating the need for you repeatedly to enter the same information; performing research and analysis aimed at improving our products, services and solutions; and displaying content and advertising that are customized to your interests and preferences.

We also use your personal information to communicate with you. We may send certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and support announcements. Some Perceptive Software services may send periodic member letters that are considered part of the service. We may also contact you to inform you of products or services available from Perceptive Software and its affiliates.

If you have not chosen not to receive promotional materials from us we may also use (but will not disclose) your personal information to promote and market additional products, services and special offers from us and/or Lexmark International, Inc., that may be of interest to you. You can choose not to allow us to use your personal information for the above-described marketing purposes by indicating your preference at the time of collection of your personal information or by contacting us as set out below.

You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. If you wish to withdraw your consent, please contact us. We will inform you of the implications of withdrawing consent.

Personal information collected online may be combined with information you provide Perceptive Software in other ways, such as through product registrations, service calls, or trade shows.

Cookies

A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer or mobile phone browser from a website's computer and is stored on your device's hard drive. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Cookies record information about your online preferences and allow us to tailor the websites to your interests.

Perceptive Software websites utilize cookies, although you can still access most of them even if you choose to disable cookies in your browser. Some websites will not allow you to complete certain activities if cookies are disabled. We use multiple third parties to monitor web traffic, statistics, advertisement 'click-through', and other activities on Perceptive Software's sites. Where authorized by us, such third parties may use cookies, our web log files, web beacons, and other monitoring technologies to evaluate use of our website.

We also include web beacons in HTML-formatted e-mail newsletters in order to count how many newsletters (or particular articles, links, etc.) are being accessed.

Current versions of web browsers offer enhanced user controls regarding the placement and duration of both first and third party cookies. Search for "cookies" under your web browser's Help menu for more information on cookie management features available to you.

How We Share Your Information

Perceptive Software keeps your personal information confidential. We will not sell, rent or lease your personal information to others. Unless we have your permission, we will not use or share your personal information in ways unrelated to the ones described at the time you provide the data. Perceptive Software engages service providers and suppliers (“agents”) to perform certain functions on Perceptive Software’s behalf. For example, these agents may deliver products to you, provide product service and support, maintain Perceptive Software information technology systems, and assist Perceptive Software with marketing and communication initiatives. Those agents will be permitted to obtain only the personal information they need to perform the services. They are required to maintain the confidentiality of the information received on Perceptive Software’s behalf and are prohibited from using it for any other purpose.

Some Perceptive Software products may be co-branded and offered in conjunction with another company. If you register products, both Perceptive Software and the other company may receive the information you provide.

We may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or legal process served on Perceptive Software; (b) comply with requests for information from police or government authorities, (c) protect and defend the rights or property of Perceptive Software (including the enforcement of our agreements); or (d) act in urgent circumstances to protect the personal safety of Perceptive Software employees or members of the public.

Personal information collected by Perceptive Software may be stored and processed in the United States or any other country in which we or our agents maintain facilities.

Perceptive Software or its affiliates could merge with or be acquired by another business or their respective assets may be acquired. Perceptive Software will seek appropriate protection for personal information in these types of transactions.

Your Choices

You may choose whether or not to provide personal information to Perceptive Software. The notice we provide to you whenever Perceptive Software collects your personal information will explain the purpose of which the data is being collected and should help you make this choice. If you choose not to provide the personal information we request online, you can still visit most of Perceptive Software’s web pages, but you may be unable to access certain options, offers, and services that involve our interaction with you. If you choose to have a relationship with Perceptive Software, such as contractual or other business relationships, we will naturally continue to contact you in connection with that business relationship.

Perceptive Software offers you the opportunity to choose whether your personal information is (a) to be disclosed to a non-agent third party or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by you. Perceptive Software will provide you reasonable mechanisms to exercise your choices at the data collection point or by using other methods.

These choices are not applicable to communications from Perceptive Software primarily for the purpose of administering orders, contracts, support, product safety and security warnings, software updates, or other administrative and transactional notices.

How You Can Keep Your Information Accurate

Perceptive Software strives to keep your personal information accurately recorded. We have implemented technology, management processes, and policies to help maintain data accuracy. Perceptive Software provides individuals with reasonable access to review and correct their personal information. We will make reasonable efforts to make necessary corrections. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access to or making alterations to data we maintain.

Keeping Your Personal Information Secure

Perceptive Software takes seriously the trust you place in us. To protect against unauthorized access, misuse, disclosure, or alteration of your personal information, Perceptive Software employs appropriate physical, technical, and administrative measures. Physical security is designed to prevent unauthorized access to database equipment and hard copies of documents. Electronic security measures, such as firewalls, access restrictions, and encryption provide protection from hacking or other unauthorized access. Perceptive Software limits access to personal information to those persons in Perceptive Software’s organization, or as agents of Perceptive Software, who have a specific business purpose for maintaining and processing personal information and data.

Retention of Your Personal Data

Perceptive Software retains your personal information for as long as reasonably necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws and your consent to such purpose(s) remains valid after termination of our relationship with you.

Enforcement

Perceptive Software will regularly review its compliance with this Privacy Statement. Please feel free to direct any questions or concerns regarding this statement or Perceptive Software's treatment of personal information by contacting us at the link or address indicated below. When we receive written questions and concerns at this address, it is Perceptive Software's policy to contact the individual user regarding his or her concerns. We will investigate and attempt to resolve concerns regarding use and disclosure of personal information in accordance with the principles contained in this statement.

Any concern that cannot be resolved through our internal processes will be settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable commercial rules and, as applicable, the Safe Harbor Principles. The exclusive location for such arbitration shall be Lexington, Kentucky. All decisions of the arbitrator(s) will be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived.

Children’s Privacy

Perceptive Software does not knowingly collect information from children under the age of 13 and its websites do not target children under 13. We encourage parents and guardians to take an active role in their children’s online activities and interests.

Links to Other Sites

Some pages on the Perceptive Software website may contain links to third-party web sites. Perceptive Software does not endorse and has no control over the privacy practices or content of such websites. We recommend you carefully read the privacy policies of each site you visit.

How You Can Contact us, Access to Review and Correct Your Data

Perceptive Software makes commercially reasonable efforts to keep your files complete, up-to-date, and accurate. If you wish to contact us, access, update or correct your personal information please contact us at any time at:

privacy@perceptivesoftware.com or via our Subscription Management page

When you contact us please provide us with your name, address, any email address you have provided to Perceptive Software and a description of the circumstances under which you provided the data (for example, to register a product, to receive a newsletter, etc.). We will make reasonable efforts to incorporate as soon as practicable the changes in personal information that we maintain. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections to data we maintain.

Consent and Agreement

By using the Perceptive Software website, you signify your agreement to the terms and conditions of this Privacy Statement. If you do not agree to these terms and conditions, please do not disclose any personal information to the Perceptive Software website.

Changes to this Statement

If we change this statement, we will post the revised statement here, along with the date of revision. If we make significant changes to the statement, we may also post a notice on our home page.  Any changes will apply only from date of the revision.  Amended dispute resolution provisions will not apply to any dispute of which the parties had actual notice as of the date of the amendment.

Revised November 3, 2010