This Policy applies to individuals who visit CallidusCloud’s websites (“Visitors”), individuals who register to use the Services as defined below (“Customers”), and individuals who register to attend CallidusCloud’s corporate events (“Attendees”). The “Services” are CallidusCloud’s websites, mobile applications, and related services (collectively, the “Services”).
- Information Collected
How we collect and store information depends on the websites you visit, the activities in which you participate, and the Services you use. You can use some of the Services without providing any information, although several categories of information are automatically collected from you when you use the Services, as described below.
- Information You Provide
When expressing an interest in obtaining additional information about the Services or registering to use the Services, CallidusCloud requires you to provide personal contact information, such as name, company name, address, phone number, and email address (“Required Contact Information”). When purchasing the Services, CallidusCloud may require you to provide financial qualification and billing information, such as, but not limited to, billing name and address, birth year, credit card number, and the total number of employees within the organization that will be using the Services (“Billing Information”). CallidusCloud may also ask you to provide certain optional additional information, such as, but not limited to, company annual revenues, number of employees, or industry (“Optional Information”). Required Contact Information, Billing Information, and Optional Information are referred to collectively as “Data About Customers” in the case of Customers, “Data About Visitors” in the case of Visitors, and “Data About Attendees” in the case of Attendees.
- Automatically-Collected Information
CallidusCloud may automatically collect certain information about the computer or devices that are used to access the Services, including mobile devices, through commonly-used information-gathering tools, such as cookies and web beacons (“Website Navigational Information”). Website Navigational Information includes standard information from your browser or device (such as browser/device type and language), your Internet Protocol (“IP”) address, and the actions you take on CallidusCloud’s websites, such as the pages viewed and the links clicked.
We may also collect and analyze information such as: (i) location information (as described in the next section below), unique device identifiers and other information about your mobile phone or other mobile device(s), browser types, browser language, operating system, the state or country from which you accessed the Services; and (ii) information related to the ways in which you interact with the Services, such as referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
- Location Information
We may use information about your location to customize the Services with location-based information, advertising, and features. In order to do this, we may pass along your location information to our affiliates, agents, vendors, or advertisers. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this.
- Information From Others
We may obtain information about you from third parties, such as marketers, partners, researchers, and others. If you access the Services through a third-party connection or log-in, you authorize CallidusCloud to collect, store, and use, in accordance with this Policy, any and all information available to CallidusCloud through the third-party interface. Should you choose to voluntarily disclose information through the Services, such as on message boards, third parties can view publicly and collect that information without our knowledge and such disclosure may result in unsolicited messages from other individuals or third parties.
- Aggregate or De-Identified Data
We may aggregate and/or de-identify information collected by the Services or via other means such as corporate events so that the information is not intended to identify you. This Policy does not restrict our use or disclosure of aggregated and/or de-identified information.
We use both session cookies and persistent cookies. A session cookie is used to identify a particular visit to our site. These cookies expire after a short time, or when you close your web browser after using our Services. We use these cookies to identify you during a single browsing session. A persistent cookie will remain on your devices for a set period of time specified in the cookie. We use these cookies where we need to identify you over a longer period of time. For example, we would use a persistent cookie if you asked that we keep you signed in. Another type of cookies is Flash cookies, which are stored with your Adobe Flash Player files and help in the viewing of content that uses the Adobe Flash player.
- Preferences: To remember information about your browser and your preferences; and to remember your settings and other choices you have made.
- Analytics and Research: To help us better understand how people use our Services, we work with a number of analytics partners, including Google Analytics; and to help us improve and understand how people use the Services. For example, cookies help us test different versions of our Services to see which particular features or content users prefer. We may include web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics. We might also optimize and improve your experience using the Services by using cookies to see how you interact with the Services, such as when and how often you use them and what links you click on. To find out more about how Google uses data when you visit a website that uses Google Analytics, please visit https://www.google.com/policies/privacy/partners/.
- Personalized Content: To customize the Services with more relevant content.
For more information about targeting and advertising cookies and how you can opt out, you can visit http://youronlinechoices.eu/ or www.allaboutcookies.org/manage-cookies/index.html. Please note that to the extent advertising technology is integrated into the Services, you may still receive advertisements even if you opt out of tailored advertising. In that case, the ads will just not be tailored to your interests.
- Where are cookies and similar technologies used? We use these technologies on the Services, including our websites and apps. We don’t release the information collected from our own cookies to any third parties, other than to our service providers who assist us in providing the Services.
- Use of Information Collected
CallidusCloud uses Data About Visitors, Data About Attendees, and Data About Customers to perform the services requested. For example, if you fill out a “Contact Me” web form, CallidusCloud will use the information provided to contact you about your interest in the Services.
CallidusCloud uses Data About Attendees to plan and host corporate events, host online forums and social networks in which event attendees may participate, and populate online profiles for Attendees on the Services. Additional information on CallidusCloud’s privacy practices with respect to Data About Attendees may be found in additional privacy statements on the event websites, as the case may be.
CallidusCloud may also use Data About Customers, Data About Visitors, and Data About Attendees for marketing purposes. For example, CallidusCloud may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding CallidusCloud, its affiliates, and its partners, such as information about promotions or events.
CallidusCloud uses Billing Information solely to check financial qualifications and collect payment from prospective Customers and Attendees.
CallidusCloud uses Website Navigational Information to operate and improve CallidusCloud’s websites, to protect CallidusCloud and third parties, for security, and to prevent fraud and violation of CallidusCloud’s applicable agreements. CallidusCloud may also use Website Navigational Information alone or in combination with Data About Customers and Data About Visitors to provide personalized information about CallidusCloud.
- Information Sharing and Disclosure
We may disclose to and/or share your information with any non-affiliated third parties in the following circumstances.
- Consent: If you consent to the disclosure, we may do so.
- Service Providers: For business purposes, we may provide access to your information to select third parties who perform services for us such as billing, sales, marketing, advertising, market research, fulfillment, data storage, transfer, analysis and processing, analytics, participation in a contest or sweepstakes, and legal services.
- Other Third Parties: From time to time, CallidusCloud may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly-offered product or service from CallidusCloud, CallidusCloud may share Data About Customers collected in connection with your purchase or expression of interest with our joint promotion partner(s). We do not control our business partners’ use of the Data About Customers we collect, and their use of the information will be in accordance with their own privacy policies. If you do not want your information to be shared in this manner, you may email email@example.com.
- Data About Attendees: CallidusCloud does not share Data About Attendees with business partners unless: (i) you specifically opt in to such sharing via an event registration form; or (ii) you attend a CallidusCloud event and have your attendee badge scanned by a business partner. If you do not want your information to be shared, you may email firstname.lastname@example.org. If you choose to share your information with business partners in the manners described above, your information will be subject to the business partners’ respective privacy policies.
- Protection of CallidusCloud and Others: We may disclose any of your information if required by law or in a good faith belief that such action is reasonably necessary to: (i) comply with legal process; (ii) enforce any agreements that you entered into with us; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; and/or (v) protect the rights or property of CallidusCloud, its agents and affiliates, its users, or the public. We may also disclose information to law enforcement agencies in emergency circumstances, where the disclosure of such information is consistent with the types of emergency disclosures permitted or required by law.
- Business Transfers: We reserve the right to disclose and transfer all of your information, including, without limitation, your Contact Information, Billing Information, or Optional Information , to a successor (or potential successor) company in connection with a merger, acquisition, or sale of all, or components, of our business, or in connection with due diligence associated with any such transaction.
- Online Analytics
We may use third-party web analytics services such as Google Analytics. These service providers use Website Navigational Information to help us analyze how users use the Services, including by noting the third-party website from which you arrive. The information collected by the technology (including your IP address) will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-On by clicking here.
- Tailored Advertising
Third parties whose products or services are accessible or advertised via the Services may also place cookies or other tracking technologies on your computer, mobile phone, or other device used to access the Services to collect information about your use of the Services in order to (a) inform, optimize, and serve ads based on past visits to our websites and other sites and (b) report how our advertising impressions, other uses of advertising services, and interactions with these advertising impressions and advertising services are related to the use of our Services. We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics and others) to serve tailored ads to you on the Services, and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services.
You may receive tailored advertising on your computer or mobile device through a web browser. If you are interested in more information about tailored browser advertising and how you can generally control cookies, you may visit the Network Advertising Initiative’s Consumer Opt-Out Link, the Digital Advertising Alliance’s Consumer Opt-Out Link , or the European Interactive Digital Advertising Alliance, “Your Online Choices” page to opt out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that, to the extent advertising technology is integrated into the Services, you may still receive advertisements even if you opt out of tailored advertising. In that case, the ads will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
- California Do Not Track Disclosure
We are committed to providing you with meaningful choices about the information collected on the Services that is shared with third parties, and that is why we provide the opt-out choices in section 7 above. However, we do not recognize or respond to browser-initiated Do Not Track (“DNT”) signals, in part because no common industry standard for DNT has been adopted by industry groups, technology companies, or regulators, nor is there a consistent standard of interpreting user intent. We take privacy and meaningful choice seriously and will make efforts to continue to monitor developments in these areas.
We have appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access and maintain data security of, and to use correctly, the information we collect online. These safeguards vary based on the sensitivity of the information that we collect and store.
Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personal information that we collect will never be disclosed in a manner that is inconsistent with this Policy.
- Communications Preferences
CallidusCloud offers Visitors, Customers, and Attendees who provide contact information a means to choose how CallidusCloud communicates with you. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of CallidusCloud’s marketing emails. Additionally, you may send a request to email@example.com.
- Public Forums, Refer a Friend, and Customer Testimonials
CallidusCloud may provide bulletin boards, blogs, or chat rooms through the Services. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. CallidusCloud is not responsible for the personal information you choose to submit in these forums.
Customers, Visitors, and Attendees may elect to use CallidusCloud’s referral program to inform friends about the Services. When using the referral program, CallidusCloud requests the friend’s name and email address. CallidusCloud will automatically send the friend a one-time email inviting him or her to visit CallidusCloud’s websites. CallidusCloud does not store this information.
CallidusCloud posts a list of Customers and testimonials on CallidusCloud’s websites that contain information such as Customer names and titles. CallidusCloud obtains the consent of each Customer prior to posting such information or testimonials.
- Users From Outside the United States
The Services are governed by United States law and applicable state law. If you are using the Services from outside the United States, your information may be accessed from, transferred to, stored, and processed in our facilities, in various countries around the globe, including the United States. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. When we transfer your information globally we will take legally applicable steps to protect your information. By using the Services, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Policy. This Policy shall apply even if CallidusCloud transfers your information to or accesses your information from other countries.
- Linked Sites and Advertisements
The Services may contain links to third-party websites. We are not responsible for the privacy practices or the content of those third-party websites. Any information you provide via those services is subject to the applicable third party privacy policies and is not covered by this Policy.
Our Services do not target and are not intended to attract children under the age of 13. CallidusCloud does not knowingly solicit personal information from children under the age of 13. Should we learn or be notified that we have collected information from users under the age of 13, we will immediately delete such personal information.
- Your California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please provide a written acknowledgement that you are a resident of California and address your request to:
4140 Dublin Blvd., Suite 400
Dublin, CA 94568
Attn: Marketing Department
- No Rights of Third Parties
This Policy does not create rights enforceable by third parties.
- How to Contact CallidusCloud
If you have any questions, comments, or concerns regarding this Policy or CallidusCloud’s privacy practices, please address your inquiries to:
4140 Dublin Blvd., Suite 400
Dublin, CA 94568
Attn: Legal Department
- How You Can Access and Update Your Information
You may review and update certain user profile information by logging in, as applicable, to the relevant portions of the Services where such information may be updated, or by contacting firstname.lastname@example.org.
- Changes to This Policy
CallidusCloud reserves the right to change this Policy at any time to, including, without limitation, reflect changes in the law, our data collection and use practices, the features of the Services, or advances in technology. Please check this page periodically for changes. Your continued use of the Services following the posting of changes to this Policy will mean you accept those changes. If we make any material changes to this Policy, we will post the updated Policy here and notify you by email or by means of a notice on our website prior to the changes becoming effective.
Copyright © 2015 Callidus Software Inc.
Last modified October 30, 2015
Website Terms and Conditions
- Access, Use, and Restrictions
You represent, warrant, and covenant that you will access and use the Site only as set forth in these Terms. You will comply with any other applicable terms and conditions of use set forth on the Site or Other Governing Agreement, if applicable.
You acquire absolutely no rights or licenses in or to the Site and materials contained within the Site other than the limited right for you to access and use the Site in accordance with the Terms. You may not access or use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms. Your access and use of the Site is solely for your or your company’s use and benefit. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Site, except as set forth in the Terms or as explicitly specified in the Site. You may download material from the Site and/or make a reasonable number of copies of the material from the Site for your or your company’s use and benefit, provided that you reproduce all copyright and other proprietary notices.
You may not access, monitor, or copy any content or information on the Site using any robot, spider, scraper, web crawler, or other automated means or any similar manual process. You may not violate the security of this Site or attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through any means.
- Changes to the Site and Terms
CallidusCloud may discontinue providing the Site or terminate the Terms at any time in its sole discretion and may, from time to time, modify the Terms. Any modifications to the Terms will be posted on the Site, so please check this page periodically. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Site. The updated Terms will take effect after its posting and will apply only on a going-forward basis, unless otherwise provided in a notice to you. Your continued access or use of the Site after any such update constitutes your binding acceptance of such changes.
- Accessing the Site and Account Security
If you choose, or are provided with, a user name, password, or any other piece of information as part of CallidusCloud’s security procedures, you must treat such information as confidential and not disclose it. Your account is personal to you and you will not provide any other person with access to this Site or portions of it using your user name, password, or other security information. You will notify CallidusCloud immediately of any unauthorized access to or use of your user name or password or any other breach of security. You will sign out from your account at the end of each session.
- User Content
The Sites may enable you to submit, post, upload, or otherwise make available through the Sites (collectively, “post”) content such as video clips, photographs, public messages, comments, and other content (collectively, “User Content”) that may or may not be viewable by other users. Your user name may be associated with any User Content that you post. You represent and warrant to CallidusCloud that you have all required rights to any User Content you post on or through the Sites.
When you post User Content on or through your access or use of any of the Sites, you grant CallidusCloud a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, publish, and in any way exploit such User Content, in whole or in part, in any format or medium now known or developed in the future, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
- Discussion Forums / Online Communities
- Intellectual Property
The Site is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United States and other countries. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You will abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site. You acknowledge that the Site has been developed by CallidusCloud and others and constitutes valuable intellectual property of CallidusCloud and such others. You will protect the proprietary rights of CallidusCloud and all others having rights in the Site during and after the term of these Terms. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Site will, as between you and CallidusCloud, at all times be and remain the sole and exclusive property of CallidusCloud. You may not use any of CallidusCloud’s trademarks without the prior written permission of CallidusCloud.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
CallidusCloud has a policy of, in appropriate circumstances and at its discretion, terminating the accounts of users who infringe the intellectual property of others, including accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CallidusCloud’s Copyright Agent (as identified below) a notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that location;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity, and a description of where that material is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your claims of copyright or other intellectual property infringement to CallidusCloud’s Copyright Agent at the following address:
Attn: Copyright Agent
4140 Dublin Boulevard, Suite 400
Dublin, CA 94568
Tel: +1 (925) 251 2200
Fax: +1 (925) 251 0525
- Linking and Framing
Without limiting other provisions contained in the Terms, you may include a link(s) on your website to the Site. You may not link to the Site any website containing inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topics, names, or material or information that violates any intellectual property, proprietary, privacy, or publicity rights. If you link to the Site, you may not portray any person or subject in a false or misleading light. In addition, you may not imply that CallidusCloud is endorsing your products or services. You may not frame the Site in a manner that implies that CallidusCloud is endorsing your products or services or that the Site’s webpages or content are part of your website or that you have a license to use the Site’s webpages or content.
- Disclaimer of Warranties / Limitation on Liability
YOUR ACCESS OR USE OF THE SITE IS AT YOUR SOLE RISK AND ALL INFORMATION CONTAINED ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” CALLIDUSCLOUD AND ITS OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, EMPLOYEES, AND AGENTS (COLLECTIVELY, “CALLIDUSCLOUD” IN THIS SECTION) MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
CallidusCloud (a) does not warrant that the Site is compatible with your equipment or that the Site, or e-mail sent by CallidusCloud, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and (b) is not liable for any damage you may suffer as a result of such destructive features. CallidusCloud will have no responsibility or liability for (i) any injury or damages caused by the negligence of CallidusCloud in connection with the Site, or any claim against CallidusCloud, or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Site caused by your computer equipment or arising from your access or use of the Site on such equipment.
The content of other websites, services, goods, or advertisements that may be linked to or from the Site is not maintained or controlled by CallidusCloud. CallidusCloud is therefore not responsible for the availability, content, or accuracy of other websites, services, goods, or advertisements that may be linked to or from the Site.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CALLIDUSCLOUD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF CALLIDUSCLOUD HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKS OR ITEMS ON THE SITE OR ANY PROVISION OF THE TERMS. ALTHOUGH APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS PROVISION WILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW.
You will indemnify, defend, and hold harmless CallidusCloud and its partners, representatives, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with your access or use of the Site, or any links on the Site, including, but not limited to: (a) any breach or violation of the Terms by you or someone using your computer, username, or password; (b) your use or use by someone using your computer, username, or password of the Site; (c) a claim that any use of the Site by you or someone using your computer, username, or password infringes any intellectual property right of any third party or otherwise results in injury or damage to any third party; (d) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Site by you or someone using your computer, username, or password; or (e) a claim arising out of or in connection with User Content you post. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. CallidusCloud reserves the right, at CallidusCloud’s expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with CallidusCloud in asserting any available defenses.
- Governing Law
The Terms will be governed and construed in accordance with the laws of the State of California, without giving effect to conflicts-of-law principles thereof. For any dispute relating to CallidusCloud’s provision of and your access to or use of the Sites, you and CallidusCloud will submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Alameda County in the State of California. You further will accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
Comments and Questions
CallidusCloud would like to hear from you concerning any complaints, questions or suggestions regarding the Terms. Please address your inquiries to:
Attn: Legal Department
4140 Dublin Boulevard, Suite 400
Dublin, CA 94568
(925) 251 2200
Last modified October 30, 2015