PonyUp Technologies, Inc. and its subsidiaries (each, and collectively, “PONYUP”) respects your privacy and is committed to protecting the personal information that you share with us. Furthermore, PONYUP also recognizes the protections afforded to individuals located in the European Union and the European Economic Area (collectively, the “EAA”) with regard to personal information.
As a result, PONYUP has established a comprehensive privacy program, which includes PONYUP’s subscription and adherence to the voluntary U.S.-EU and U.S.-Switzerland Safe Harbor programs and their underlying principles published by the U.S. Department of Commerce, which can be found at http://export.gov/safeharbor/eu/eg_main_018476.asp (collectively, the “Principles”) related to the transfer of personal information from the EAA to the United States.
This Privacy Policy (this “Policy”) outlines our general policy and practices only with respect to your personal information gathered via the Website or otherwise disclosed or submitted to PONYUP, including our implementation of the Principles, the types of information we gather, how we use it and the notice and choice affected individuals have regarding our use of that information.
Browsing this Website
Generally, you can browse this Website without giving us any information about yourself. When we do need your personal information to provide services that you request or products you purchase, or when you choose to provide us with your personal information, this Policy describes how we collect and use your personal information. Your use of PONYUP’s services, products and this Website shall constitute your consent to the terms of this Policy and any changes to this Policy that may be made to it in the future in accordance with the terms set forth in this Policy.
Information Collection
Personal information means any information recorded in any form that relates to an individual and identifies or can be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, Social Security number, or other unique identifier.
When you browse the Website, you do so anonymously, unless you have previously indicated that you wish PONYUP to remember your login and password. We don’t automatically collect personal information, including your email address, however, we do log your IP address (the Internet address of your computer) to give us an idea of which part of our Website you visit and how long you spend there, but we do not link your IP address to any personal information unless you have logged in to our Website. Like many other commercial websites, the Website may use a standard technology called a “cookie” to collect information about how you use the site. Please go to “Cookies and Tracking Information” below for more information.
PONYUP collects personal information when you register with PONYUP for a PONYUP account, when you use certain PONYUP products or services, when you register to attend a seminar or participate in an online survey, when you ask to be included in an email or other mailing list, or when you submit your personal information to PONYUP for any other reason. From time to time, PONYUP receives personal information from business partners and vendors. PONYUP only uses such information if it has been collected in accordance with acceptable privacy practices consistent with this Policy and applicable laws, including but not limited to the Principles.
Access to certain web pages on the Website requires a login and a password. The use of those web pages, and the information or programs downloadable from those sites, may be governed by a written agreement between your employer and PONYUP. Unless you request deletion of your personal information as specified below, your personal information may be retained by PONYUP to verify compliance with the agreement, log software licenses granted, to track software downloaded from those pages, or track usage of other applications available on those pages.
When you send an email or other communications to PONYUP, PONYUP may retain those communications in order to process your inquiries, respond to your inquiries and/or improve our services. All emails and other communications to PONYUP become the property of PONYUP upon receipt, except for any personal information that is contained therein.
Notice
When personal information is collected, we will inform you at the point of collection the purpose for the collection. PONYUP will not transfer your personal information to third parties without your consent, except under the limited conditions described under the discussion entitled “Information Sharing and Disclosure” below. If you choose to provide us with your personal information, we may only transfer that information within PONYUP or any of its affiliates or subsidiaries, or to PONYUP’s third party service providers in accordance with this Policy. Upon receiving your permission, we may transfer your information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
We will always give you the opportunity to “opt out” of receiving direct marketing or market research information. This means we assume you have given us your consent to collect and use your information for the purposes for which it was collected and in accordance with this Policy unless you take affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate option or box at the point of collection. In some cases, when applicable, we will provide you with the opportunity to “opt in.” This means we will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was submitted.
Cookies and Tracking Technology
A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites.
Some parts of the Website use cookies to track user traffic patterns. We do this in order to determine the usefulness of our Website information to our users and to see how effective our navigational structure is in helping users reach that information. If you prefer not to receive cookies while browsing our Website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, although you may not be able to take full advantage of the Website if you do so. In particular, you may be required to accept cookies in order to complete certain actions on our Website. You do not need to have cookies turned on, however, to use/navigate through many parts of our Website, except that access to certain of PONYUP’s web pages may require a login and password.
How We Use Information Collected
PONYUP uses personal information for several general purposes: (i) to fulfill your requests for certain products and services; (ii) to provide our services, including the display of content, to audit, research and conduct analysis in order to maintain, protect and improve our services; (iii) to ensure the technical functioning of our network; (iv) to protect the rights or property of PONYUP and its users; (v) to develop new services; (vi) to personalize your experience on our Website; (vii) to keep you up to date on the latest product announcements, software updates, special offers or other information we think you’d like to hear about either from us or from our business partners; and or (viii) to better understand your needs and provide you with better services. Subject to any applicable opt-in and opt-out requirements, we may also use your information to send you, or to have our business partners send you, direct marketing information or contact you for market research.
Information Sharing and Disclosure
Because PONYUP is a global company, your personal information may be shared with PONYUP affiliates around the world. All such entities are governed by this Policy or are bound by the appropriate confidentiality and data transfer agreements.
Your personal information is never shared outside PONYUP without your permission, except under conditions explained below. Inside PONYUP, data is stored in controlled servers with limited access. Your information may be stored and processed in the United States or any other country where PONYUP, its subsidiaries, affiliates or agents are located.
PONYUP may send your personal information to other companies or people under any of the following circumstances:
(1) when we have your consent to share the information;
(2) we need to share your information to provide the product or service you have requested; or
(3) we need to send the information to companies who work on behalf of PONYUP to provide a product or service to you (we will only provide those companies the information (i) they need to deliver the service, or (ii) for the purposes for which the information was initially collected, and they are prohibited from using that information for any other purpose).
We will also disclose your personal information if required to do so by law, to enforce our Terms of Use, or in urgent circumstances, to protect personal safety, the public or our Website.
PONYUP may also share your personal information when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (1) satisfy any applicable law (Foreign, Federal, State or Local), regulation, legal process or enforceable government request, (2) detect, prevent or otherwise address fraud, security or technical issues, or (3) protect against harm to the rights, property or safety of PONYUP, its users or the public as required or permitted by law.
PONYUP may also share with third parties certain aggregate information or anonymized or pseudonymized data regarding the use of PONYUP’s services or Website, such as, for example, the number of people who visit certain web pages or use certain services offered by PONYUP.
Data Security
Your PONYUP account information is password-protected for your privacy and security. PONYUP safeguards the security of the data you send us with physical, electronic, and managerial procedures. In certain areas of our Website, PONYUP uses industry-standard SSL-encryption to enhance the security of data transmissions. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.
PONYUP utilizes certain security measures to attempt to protect against misuse, loss, unauthorized access to or alteration, disclosure or destruction of data. These include internal reviews of data collection, storage and processing practices and security measures. PONYUP restricts access to personal information to PONYUP employees, contractors and agents who need to know and have access to this information. Although PONYUP takes reasonable steps to protect the data that it collects from its users, it is simply not possible to protect against every conceivable breach of security. Although we do our best to make our Website and data secure, we cannot guarantee the total security of our Website and data. Accordingly, you agree that you will not hold PONYUP responsible, and hereby release PONYUP, for any inadvertent or unauthorized disclosure of user information that may occur, such as, for example, by a person hacking into our system and unlawfully gaining access to our data.
PONYUP processes personal information for the purpose for which it was collected and in accordance with this Policy. PONYUP reviews its data collection, storage and processing practices to ensure that it collects, stores and processes personal information needed to provide or improve its services, or as otherwise permitted under this Policy.
Correcting and Updating Your Information
PONYUP depends upon its users to record, update and correct their personal information whenever necessary. PONYUP asks that individual users review and update their personal information from time to time as this information becomes outdated. For this purpose, PONYUP will allow you access to your personal information in order to correct, amend or delete inaccurate information. However, PONYUP may decline to process requests to update information that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, or would be impractical.
Children and Privacy
Our Website does not target and is not intended to attract children under the age of 13. PONYUP does not knowingly solicit personal information from children under the age of 13 or send them requests for personal information.
California Residents
If you are a California resident, you may ask us to refrain from sharing your information (whether collected online or offline) with our affiliates for their marketing purposes, if the affiliates are separate legal entities. Please tell us your preference by contacting us as indicated in the “Changes to This Privacy Policy” section below.
Pursuant to the California Online Privacy Protection Act, neither we nor the Website follow the Do Not Track setting of your web browser.
Third Party Links
The Website may contain links to other applications or websites that may not be owned or operated by PONYUP. We cannot control nor are responsible for the privacy practices or content of such other applications or websites. Credit card or other financial information submitted by you during the online purchase of products and services on the Website are not visible, collected or stored by us, either on the Website, or any other system managed by us. All credit card transactions are processed directly via a third-party payment processor, and at no point during the payment transaction is credit card or other financial information available to us. We encourage you to read the privacy statements of each application that you use and website that you visit.
Social Networking Sites
Integration with social networking sites may be present on the Website, and such integration is provided to enhance user experience. If you use any social networking service in connection with the Website and or access the Website through your other social networking account(s), you authorize PONYUP to collect relevant information necessary to enable this Website to access and collect your data contained within that particular social networking service (e.g., such as your Facebook profile information). Please remember, however, that the manner in which such third party social network provider uses, stores and discloses your information is governed solely by that provider’s policies, and PONYUP will have no liability or responsibility for the privacy practices or other actions of any third party site or provider that you may enable and link to your online experience with PONYUP.
Changes to This Privacy Policy
PONYUP may amend this policy from time to time consistent with the requirements of the Principles. We will post any revised privacy policy on this Website. We encourage you to raise any concerns regarding this Policy and our privacy practice using the contact information provided below and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal information in accordance with applicable laws. If you have questions, concerns or complaints about this Policy, please feel free to contact us any time through this Website or at:
PonyUp Technologies, Inc.
801 E. Campbell Road; Suite 155
Richardson, Texas 75081 USA
Attn: Legal Department
If you are located in the EAA, and cannot resolve the issue directly with PONYUP, you may contact the local data protection authority for further information.