Privacy Policy

Last updated February 4, 2020

Privacy Policy

Utmost Software, Inc. (“Utmost”, “we”, or “us”) values individual privacy, and we are committed to protecting individuals’ information.

This Privacy Notice (this “Notice”) describes the types of information we collect, how we collect information, what we do with information that we collect, and how you can contact us with any questions about our information practices or to access or request changes or updates to information concerning you.

Please review this Notice carefully to understand our practices and treatment of information. If this Notice is unacceptable to you or if you do not agree with our information practices, you may choose not to visit or use this website or any services offered through this website.

Scope

This Notice applies to information that we collect through our public website, at https://utmost.co, and any of our other websites that provide a link to this Notice, as well as information collected through any of our products and services that are accessible via those websites (collectively, the “Site), from you as an individual user (“you”) of the Site.

This Notice does not apply to information collected by other means, or information collected by third parties, third-party websites, or content or applications of third parties, including any that may be linked to or accessible from or on the Site.

Information We Collect and How We Collect It

Information You Provide to Us. If you communicate with us through the Site, for example to request information from us, we may ask you to provide certain information about yourself, such as your name, email address, phone number, employer or organization, number of employees, or similar information. In these cases, you will know what information is collected through the Site because you will provide that information to us.

Information We Collect Automatically. As part of the standard operation of the Site, we automatically collect information from your computer or device, including IP address, domain name (that you visited from www.company.com, for example), referral or exit data (the last website that you visited before visiting the Site and the next website you visit afterwards, respectively), as well as browser and platform type (a Google browser or an Apple platform, for example). We also collect information about how you use the Site, such as the date and time of your visit, the amount of time you spend on the Site, how often you visit the Site, the areas or pages that you spend the most time on, and other click-stream data. Information collected automatically is generally statistical data and generally does not identify you personally.

Cookies, Beacons, and Tags. A cookie is a small text file that is stored on your computer or device when you access the Site. We use cookies on the Site in order to collect the information described above, and also to remember your settings and for authentication. You can manage the use of cookies through your browser. You may still use the Site if you reject cookies, but it may limit your ability to use some areas of the Site or otherwise diminish your experience of the Site.

In addition, with the assistance of our third-party partners and service providers, we may use technologies such as web beacons, tags, Flash cookies or HTML5 to collect or use information about visitors to the Site and their actions on the Site. For information about opting out of or managing the collection or use of such information, please see the section below regarding “Your Choices.”

The Site does not respond to “do-not-track” requests or similar browser settings.

How We Use Information We Collect

We use information that we collect, including your personal information, for the following purposes:

  • To present the Site and its contents to you.
  • To provide any information, products, or services that you may access through the Site.
  • To maintain and improve our content or any of our products or services, for example by analyzing usage to identify pages and topics of interest.
  • To respond to your questions or requests for information, or to fulfill any other purpose for which you provide your information to us through the Site.
  • To provide you with information about any of our services, updates, editorial content, industry education, invitations to upcoming events, and similar information.
  • To better understand how visitors use the Site and the performance of the Site, including measuring and monitoring user traffic and using aggregate statistical analysis, which informs future enhancements and changes to the Site, or by combining information collected through the Site with information about our customers collected by other means.
  • For potential client marketing and general marketing intelligence purposes.
  • For any other purpose that we describe at the time we collect your information.
  • For any other purpose with your consent.

In addition to these uses, we may combine information about you that is collected through the Site with information we procure about you from third-party service providers (e.g. Hubspot).

Disclosure of Your Information

We may disclose aggregate statistical information about visitors to the Site, which does not identify individual users, without restrictions.

Personal information about you, that you provide or that we collect as described in this Notice, may be disclosed to third parties as follows:

  • To our subsidiaries and affiliates.
  • To agents and service providers who are bound by confidentiality obligations and who use the personal information only on our behalf.
  • To deliver any requested information, products, or services, or otherwise to fulfill a contractual obligation to you.
  • With your consent.
  • As otherwise described in this Notice.

We may also disclose your personal information:

  • As required by law, court order or legal process, including to respond to a subpoena, to respond to a government or regulatory request, or to cooperate with law enforcement investigations.
  • To enforce our contractual rights, take precautions against liability, investigate suspected or actual illegal activities, or to investigate and defend ourselves against third-party claims or allegations.
  • To a buyer or other successor in the event of a merger, restructuring, reorganization, or other sale or transfer of some or all of our assets, including, but not limited to, as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by us about users of the Site is among the assets transferred.
  • When we believe that disclosure is necessary or appropriate to protect the rights, property, or personal safety of ourselves, our customers, or others.

Whenever we disclose personal information to a third party, we seek to minimize the disclosure to only information that is necessary for the purpose of that disclosure.

How Long We Hold Your Information

We will hold information about you that is collected through the Site for as long as needed to provide our services to you, or with your consent, we may continue to maintain information about you for our internal business purposes.

We may also retain personal information about you for a reasonable time for backup, archival, reactivation or audit purposes, or as needed to comply with our legal obligations, resolve disputes or enforce our agreements. If you have any questions about how long we may keep personal information about you, please email us at legal@utmost.co or contact us as provided below.

International Transfers of Personal Information

For the purposes described in this Notice, we may transfer information across borders, including from your country or jurisdiction to other countries or jurisdictions around the world, where applicable laws may not provide the same level of protection of personal information as the laws of the country or jurisdiction where you are located. In those cases, we take steps to ensure that information will be provided the same level of protection in the recipient country or jurisdiction.

By visiting or using the Site, you hereby consent to the transfer of your personal information to countries where applicable laws may not provide the same level of protection of personal information as the laws of the country or jurisdiction where you are located, including, without limitation, the United States, in accordance with this Notice.

Accessing and Requesting Changes to Your Information

If you wish to access, correct, update, or delete personal information about you, please email us at legal@utmost.co or contact us as provided below. In responding to your request, we may request information from you and use information previously collected to verify your identity, or take other actions that we believe are appropriate.

Please understand that we may not be able to alter or delete your personal information if we are required under applicable law to maintain that information. We are also not obligated to comply with requests that are unreasonably burdensome or expensive, or with requests that would interfere with the rights of another individual. In some circumstances, we may charge a reasonable fee to fulfill your request.

Your Choices

You have certain choices about how your personal information is collected, used and shared. Although you may not be able opt out of all collection or use of personal information and still use the Site or our services, you can take steps to limit or control how your personal information is collected, used and shared.

Emails. To opt out of receiving promotional or marketing emails from us, you may click on the “unsubscribe” link at the bottom of our emails.

Cookies. You can control or delete cookies, or otherwise manage cookies, through your browser or device settings. For more details, please visit https://www.allaboutcookies.org or https://www.aboutcookies.org. Please understand, however, that you may be unable to use all of the functionality of the Site or our services if you choose to reject cookies.

To learn more about cookies, please see our Cookies Statement below.

Advertising Partners. We may partner with third parties to manage our advertising on other sites, and they may collect information and provide advertising to you based upon your browsing activities and interests. We do not control these third parties’ tracking technologies, how they may be used or the information they may collect, and we are not responsible for their privacy policies or the content that may be provided by those third parties. You can learn more about online and interest-based advertising, and about choices available to you, at https://www.aboutads.info/consumers.

If you prefer not to have your information used for the purpose of serving you personalized advertising, you may also learn more about your choices or change your preferences at https://optout.aboutads.info, https://optout.networkadvertising.org, https://preferences-mgr.truste.com, from Google at https://www.google.com/settings/ads or https://policies.google.com/technologies/partner-sites, from Facebook at https://www.facebook.com/about/ads or https://www.facebook.com/policy.php, or if you are located in the European Union at https://www.youronlinechoices.eu/.]

Security

We take reasonable steps and follow generally accepted industry data practices to protect personal information submitted to us from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, there is no completely secure or error-free method of data transmission over the Internet, and we cannot guarantee the absolute security of your personal information.

Children’s Privacy

The Site is not intended for children under the age of 13 or as defined by applicable local law, and we do not knowingly collect or solicit personal information from children. If we learn that we have collected or received personal information from a child, we will delete that information.

If you believe that we may have any personal information about a child, please inform us by contacting us as provided in this Notice.

Changes to Our Privacy Notice

We may update this Notice to reflect changes to our information practices. If we make any material changes to how we treat the personal information of visitors to the Site, we will provide notice by updating the date the Notice was last revised. We encourage you to periodically review this page to learn of any changes we have made to this Notice.

Contact Us

Please feel free to contact us with any questions, comments, complaints, or suggestions regarding this Notice or our information practices. You can email us at legal@utmost.co or by postal mail at:

Utmost Software, Inc.

188 King St. #405

San Francisco, CA 94107

In addition, if you are a resident of the European Economic Area, you may also contact our Data Protection Officer, by email at dpo@utmost.co or by postal mail at:

Jefferson House

2 Eglinton Road

Dublin D04 H9T7

Ireland

We hope that our Data Protection Officer can address any concerns or complaints, but if you are a resident of a country in the European Economic Area, you may also lodge complaints with a supervisory authority, particularly the supervisory authority in your place of residence, place of work or in the place where any alleged improper acts occurred.

For Residents of the European Economic Area

The following information is provided for residents of the European Economic Area, in case we may hold personal information about them.

Why We Are Able to Collect and Use Your Personal Information

We rely on our legitimate interests and the legitimate interests of our clients as the legal basis for processing data concerning users of the Site who are residents of the European Economic Area (or “EEA”). Specifically, it is necessary for us to process personal data in order to pursue our legitimate interests in ensuring the proper operation and furthering our understanding of the Site and services accessed through the Site. Also, for people who use the Site or access services on behalf of one of our clients, we collect and process information as a necessary part of the services that we provide to our clients.

In some cases, where we ask for your consent to use information about you, your consent acts as the legal basis for our use of that data. In those cases, you have the right to withdraw your consent at any time. If you would like to withdraw your consent, please contact us or our Data Protection Officer as provided in this Notice under “Contact Us.”

Transfer of Your Personal Information Outside of the European Economic Area

For the purposes described in this Notice, we may transfer personal information out of the EEA to the United States, which may not have laws that provide the same level of protection of personal information as the laws of the EEA, or where the European Commission has not issued any formal decision that these countries provide an adequate level of protection of personal information.

In order to ensure that adequate protections are provided for personal information, we will perform these transfers of personal information outside of the EEA under standard contractual clauses approved by the European Commission, as permitted pursuant to Article 46(2)(d) and (5) of the General Data Protection Regulation (Regulation 2016/679).

If you would like more information about our transfer of data outside of the EEA or copies of relevant documents, please contact us or our Data Protection Officer as provided in this Notice under “Contact Us.”

Rights of Residents of the European Economic Area

If you are a resident of a country within the EEA, you have certain individual rights under the General Data Protection Regulation (Regulation 2016/679) or related local legislation. You have the right to obtain confirmation from us as to whether or not we process personal information about you. And if we do process your personal information, your other rights include:

  • The right to access your personal information and receive certain information about our privacy practices.
  • The right to have us correct incorrect information that we hold concerning you, or to complete incomplete information.
  • The right to request that we erase information concerning you and to have that information erased under certain conditions.
  • The right to restrict our processing of information concerning you under certain conditions.
  • The right to object to our processing of information concerning you under certain conditions.
  • The right to object to our use of information concerning you for direct marketing, or for profiling relating to direct marketing.
  • The right to receive personal information that you provided to us in a structured and commonly-used, electronic format and the right to transmit that information to another entity, in certain situations.
  • The right to object to decisions based on automated processing of information concerning you, if those decisions have legal effects or similarly significant effects.

If you would like to exercise any of these rights, please contact us or our Data Protection Officer as provided in this Notice under “Contact Us.”

Please understand that, before responding to your request, we may ask you for additional information in order to verify your identity.

If we hold information concerning you on behalf of one of our clients, please understand that we may not be aware that we have your information because we avoid receiving personally identifying details from many of our clients. Or, if we are aware that we hold or process information about you on behalf of a client, we may not be able to accommodate your request to exercise these rights, and we may direct you or your request to our client who controls that data.

We may not be obligated to fulfill your request to exercise your rights if we are restricted by applicable local laws, or if fulfilling your request would negatively impact the rights and freedoms of other individuals.

We may decline to fulfill requests or charge a reasonable fee based on our administrative costs if requests are clearly excessive or unfounded, including in cases where requests are repetitive.

Cookie Statement

Last Modified: February 4, 2020

This website uses cookies to improve the functioning of the site and to authenticate our customers.

This Cookie Statement (this “Statement”) describes what cookies are and how cookies are used by Utmost Software, Inc. (“Utmost”, “we”, or “us”) on our website and in the use of online services available to clients that may be accessed through our website (collectively, the “Site”). This Statement also describes the choices available to you in managing cookies. Please review this Statement to understand our use of cookies on the Site.

By using the Site or by clicking “accept” to our use of cookies when the option is made available to you, you agree that the Site may place cookies on your computer, and you agree to our use of cookies as described in this Statement.

What are cookies?

Cookies are small text files that a website may save on your computer or device when you visit. These small text files allow the website to recognize your computer or device at the next visit and enable the website to remember your preferences and information (for example, your login, language, font size and other display preferences). This way, you do not need to re-enter that information whenever you return to the website or browse from one page to another within the website. Cookies may also be used by a website to collect data about user activity, or how the website is used by visitors.

There are two basic types of cookies: Session cookies are temporary files that are cleaned up (i.e., deleted) when you close your browser program. Persistent cookies store your information and settings for longer periods, in order to remember your information and preferences between visits to a website. We use both types of cookies on the Site.

How do we use cookies?

We use cookies for the following purposes on the Site:

  • Analytics. We use cookies to better understand how people are using the Site, by gathering information about, for example when the Site is accessed, what pages or services are used, what information is uploaded or downloaded, and other website traffic information.
  • Preferences. We use cookies to remember you as a visitor to the Site, including your information and preferences, so that you do not have to enter information again with each visit.
  • Authentication. We use cookies to authenticate customers when they log into services through the Site. These cookies are necessary for you to use those services.
  • Advertising. This type of service allows User Data to be utilized for advertising communication purposes displayed in the form of banners and other advertisements on this Application, possibly based on User interests. This does not mean that all Personal Data are used for this purpose. Information and conditions of use are shown below. Some of the services listed below may use Cookies to identify Users or they may use the behavioral retargeting technique, i.e. displaying ads tailored to the User’s interests and behavior, including those detected outside this Application. For more information, please check the privacy policies of the relevant services.
  • Heat mapping and session recording. Heat mapping services are used to display the areas of a page where Users most frequently move the mouse or click. This shows where the points of interest are. These services make it possible to monitor and analyze web traffic and keep track of User behavior. Some of these services may record sessions and make them available for later visual playback.

We control all information that we gather through our use of cookies, and it is used as described in our Privacy Policy, available at https://utmost.co/privacy-policy.

How to control cookies

You can control or delete cookies, or otherwise manage cookies, through your browser settings. For more details, please visit http://www.allaboutcookies.org/ or https://www.aboutcookies.org/.

However, please understand that if you limit or reject cookies, although you may still access some parts of the Site, certain functions of the Site will be affected.