17. NON-DISPARAGEMENT AND CONFLICT RESOLUTION
Each party agrees to resolve any and all conflicts in good faith via prompt communications to the other party outlining any concerns, and via arbitration administered via the American Arbitration Association or by other legal means, as applicable. Further, Customer agrees to not disparage SelectHub under any circumstance including but not limited to verbal disparagement or posting negative reviews on forums such as Google, Yelp, Facebook, Linkedin, and/or other review sites on the Internet.
This Agreement is the entire agreement between the parties on the subject matter hereof. No amendment or modification hereof will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties. The relationship of the parties hereunder is that of independent contractors, and this Agreement will not be construed to imply that either party is the agent, employee, or joint venturer of the other. In the event that any provision of this Agreement is held to be unenforceable, this Agreement will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties. Customer may not assign this Agreement (by operation of law or otherwise) without the prior written consent of SelectHub and any prohibited assignment will be null and void.
This Agreement will be binding upon and will inure to the benefit of the parties permitted successors and/or assignees. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
(Last Updated: March 16, 2022)
Because of changes in technology and the growth and development of our business, SelectHub may need to modify this Policy from time to time. Changes to this Policy are discussed at the end of this document.
1. TYPES OF INFORMATION WE COLLECT ABOUT YOU
SelectHub collects, uses and discloses two types of information: Personal Information and Non-Personal Information (individually and collectively, “Information”). “Personal Information” is information that is directly associated with a specific person or entity such as a user’s name, initials or nickname, e- mail address, organization name, title, phone number, user-chosen credentials and any technology vendor selection project data. “Non-Personal Information” is information that, without the aid of additional information, cannot be directly associated with a specific person or entity.
The Site is not intended for children under 18 years of age. We do not knowingly collect information from anyone under the age of 18.
3. GATHERING, USE AND DISCLOSURE OF NON-PERSONAL INFORMATION
A. Gathering Non-Personal Information
(i) Web Browsers Like most Site operators, SelectHub gathers from users of the Site Non-Personal Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol (“IP”) address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Site. Such information may also include the user’s role/persona within their organization as stated on the Site (e.g., Procurement Officer, Technical Evaluator, etc.), the industry in which their organization operates (e.g., Financial Services company), the size of the organization (e.g., SMB, Fortune 500 company), whether user has a Project or not within the Site, and in certain cases, high-level Project information such as product categories included. At this time, the Site does not acknowledge browser “do not track” settings.
(iv) Web Beacons A “Web Beacon” is an object that is embedded in a web page. It is usually invisible to users but allows Site operators to check whether a user has viewed a particular web page. Web Beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides. You may not decline Web Beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. Third parties are not permitted to use Web Beacons on the Site.
B. Use and Disclosure of Non-Personal Information
4. COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION.
A. Collection of Personal Information
As defined above, Personal Information is information that can be directly associated with a specific person or entity. Given that one of the primary objectives of our Service is to easily and meaningfully connect technology buyers and vendors, we collect a range of Personal Information from and about Site and Service users. Much of this Personal Information is information provided by users themselves when they register with the Site or register with a third-party SelectHub-affiliated site, requesting a requirements template or analyst report, or when using the Site and Service, or when speaking with a SelectHub representative on the phone, or when interacting with SelectHub content on social media. For example, when you register with the Site to use the Service, you may submit your name, initials or nickname, e-mail address, phone number and access approval request via LinkedIn.com. You may also create a user-chosen ID and password for your use when accessing the Service in lieu of Linkedin.com. You may also input Personal Information pertaining to your organization, vendor selection project data, demographics, and information about fellow stakeholders and project participants. Also, during any telephone consultation with you, a SelectHub representative will ask you whether you would like to be connected with relevant vendors that can provide you with information regarding their products, services and pricing and with your consent, SelectHub will collect your project information including your requirements, budget, purchase timeline, along with other Personal Information for sharing with those vendors that match your criteria and vice versa. All telephone calls are recorded with such recordings stored on our servers as well as third-party VoIP / call recording service providers’ infrastructure. In addition, we may collect and retain information that identifies you personally when you send us comments, questions or suggestions, or if you send to us job application, resumes, or other business contacts. Site users are under no obligation to provide SelectHub with Personal Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Site features. BY REGISTERING WITH THE SITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION SECTION.
SelectHub collects the above kinds of Personal Information:
- when you provide information to SelectHub, such as when you register or sign up for any of our products such as requirements templates, analyst reports, vendor Leaderboards, other publications, subscriptions, e-mails, contests, newsletters, memberships, RSS Feeds, content delivery via SMS text or other technologies, webcasts, white papers, online seminars, conferences and other communications with SelectHub;
- when you register or sign up on the SelectHub website or SelectHub-affiliated third-party websites, or when you register for any other SelectHub products or services on SelectHub websites or through SelectHub affiliates or business partners,
- when you engage with a SelectHub representative via telephone, email or in-app messaging or chat,
- when you use the Site or the Service;
SelectHub may add other information collected from third-party sources to enhance and/or update the Personal Information that you provided to SelectHub.
B. Use and Disclosure of Personal Information
We may share Personal Information about certain of our users with third parties for various purposes, including to help us better understand and improve our Service, as well as for advertising and marketing purposes. The latter allows us to offer our Site and Service to prospective software buyers at no cost. In case you are using the free SelectHub Community Edition offering (as described in our End User License Agreement), based on certain Information, SelectHub personnel and/or vendors may display and/or send you an advertisement, message, enquiry, email or phone call publicizing and offering you their products; such messages would be a result of targeted advertising and follow-up based on your profile type or Information shared. In the case of users using the SelectHub Corporate (Paid) Edition offering (as described in our End User License Agreement), vendors do not have access to your Personal Information via the Site; in such cases, only Non-Personal Information may be shared with them. In either case, please note that you initiating interaction (or having SelectHub Support personnel do so on your behalf) with a vendor through the Site or your response to any vendor message or RFI/RFP/POC/Technology Scorecard response may result in that vendor viewing your Personal Information.
Addresses (physical / postal addresses, email addresses, IP addresses), telephone numbers, and associated Personal Information of the SelectHub Community Edition will be used to promote SelectHub as well as third-party products and services to users, and may be shared with and/or licensed to third-parties and advertisers for promotional purposes. When you provide your email address to us, you agree to receive email from SelectHub and/or third-party affiliates. We allow users to “opt-out” of receiving email from SelectHub when email address is collected. Also, you can individually “opt-out” of receiving further e-mail from SelectHub every time an email is received by you. If a user does not choose to “opt-out” at the time the email address is collected, the address may be rented and/or licensed for use to third-parties.
C. Disclosure of Personal Information As described in Section 4(A) (“Collection of Personal Information”), users may, at their option, disclose their own Personal Information by any means they choose. SelectHub will also disclose Personal Information, in the following circumstances:
(i) Material You Choose to Reveal in On-line Forums, Blogs, Message Boards, Chat Rooms, Site or Service (within a Project), Vendor Interactions or Similar Services You may post Personal Information on areas of the Site that may be viewed by other users, specific vendors or even the public at large. We urge you to use good judgment and not post Personal Information that you do not want other users to know. Users may not be able to change or remove public postings once they are posted. Such Personal Information may be used by visitors of these pages to send you unsolicited messages.
YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION BY USING OUR SITE AND SERVICE.
(ii) DMCA Infringement Notifications, Notices of Violations of Site Terms of Service and Other Communications Directed to SelectHub By submitting a Digital Millennium Copyright Act (“DMCA”) Infringement Notification or other communication (including communications about content stored on or transmitted through the Site) you consent to have this communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. For notices other than DMCA Infringement Notifications, upon request, SelectHub will edit out your name and contact information. However, DMCA Infringement Notifications (including any personally identifiable information set forth in the Notifications) will be forwarded as submitted to SelectHub without any deletions.
(iii) Surveys From time to time, SelectHub may also ask Site users to participate in surveys designed to help SelectHub improve the Site. Any Personal Information provided to SelectHub in connection with a survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Policy only in non-personally-identifying, aggregated form.
(iv) Employees and Third Party Processors SelectHub will disclose Personal Information to those SelectHub employees, contractors, affiliates, vendors and suppliers who process Personal Information on SelectHub’s behalf or participate with SelectHub in the provision or operation of the Site.
(v) By Law, to Protect Rights and to Comply with SelectHub Policies SelectHub discloses Personal Information if: (1) required to do so by law, or in response to a subpoena or court order; (2) SelectHub believes in its sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of SelectHub, other users, third parties or the public at large; and (3) SelectHub believes that you have abused the service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.
(vii) Contests, Giveaways and other Promotions From time to time, SelectHub may offer Site users the opportunity to participate in contests, giveaways and other promotions offered by SelectHub or certain vendors. Any information submitted in connection with promotions will be subject to the terms of the promotion, not this Policy. You may be given the option to consent to the use of your Personal Information at the time you sign up for the promotion. You will not be required to participate in any promotion, if you are a user of the SelectHub Corporate Edition offering.
(viii) Use of your credentials with SelectHub From time to time, such as when troubleshooting an error or problem or when auditing usage, a SelectHub support representative may need to log in as you (referred to as “sudo access”) into the Site to replicate the problem or to view the relevant error message. Please be aware that during such times, the SelectHub support representative will have access to your data and projects within the Site; however support representatives do not have access to your password at any time.
5. COLLECTION AND USE OF INFORMATION BY THIRD PARTIES NOT COVERED BY THIS POLICY
Third parties are under no obligation to comply with this Policy with respect to Personal Information or Non-Personal Information that users provide directly to those third parties or that those third parties collect for themselves (including, without limitation, Google as described in Section 3(A)(iii)). Please be aware that we may provide links to third party sites as a service to our users and we are not responsible for the content or information collection practices of those sites. SelectHub does not control the third party websites accessible through the Site. This Policy does not apply to information provided to or gathered by third parties that operate them. Third parties’ privacy policies will differ from those of SelectHub. Therefore, we encourage you to review and understand third parties’ privacy practices before visiting third party sites or providing third parties with information, and take those steps necessary to, in your discretion, protect your privacy.
SelectHub takes reasonable precautions to prevent unauthorized release, corruption, or loss of your personal and project data. However, neither people nor security systems are foolproof. Therefore, while we have taken efforts to guard your personal information, we cannot guarantee its absolute security.
7. MODIFYING YOUR PERSONAL INFORMATION
If you are a registered user of our Service, you may view, correct, and delete your Personal Information, simply by logging into the Service and editing your profile and other data.
8. OPTING OUT OF FUTURE SELECTHUB COMMUNICATIONS
If at any time you would like to opt out or unsubscribe from receiving future arketing emails from SelectHub, you can email us at firstname.lastname@example.org and we will remove you from all our marketing correspondence within 24 business hours. Some of our marketing emails will allow you to also unsubscribe by either responding back to it or clicking on the link at the bottom of the email; specific instructions will be in the email body.
Please note that opting out of marketing emails does not mean that you will not receive any future communications from SelectHub or a vendor partner to whom your information has already been shared with, based on your verbal (via telephone) or electronic (via the Site) approval. For example, future SelectHub communications could be transactional, rather than marketing-related. Such transactional emails would be related to your usage of the Service and Site, such as responses to an ongoing RFI or RFP, or a password reset request. If you wish to delete your account within the Site or Service, please email email@example.com with your account information, and such request will be addressed within 24 business hours per the terms of the current EULA you have agreed to.
For removal of your information from any vendor partner’s database, please contact them directly. Please know that you have the right to know which vendor partners your Personal Information may have been shared with. Such vendor information would already have been emailed to you previously (subsequent to your phone or electronic approval, and prior to such sharing). If you wish to receive that data again from SelectHub, please email firstname.lastname@example.org.
If you are a citizen of the European Union and/or other areas that are within the scope of the General Data Protection Regulation (GDPR), as of May 25, 2018, you may have additional rights as stipulated by the above directive. If you believe that is the case, please email email@example.com with your specific request or concern. Please note that in order to verify your identify, and appropriately comply with your request, we may require you to provide us with additional Personal Information.
If you are a citizen of Canada and within the scope of the Canadian Anti-Spam Legislation (CASL) as of July 1, 2017, you may have additional rights as stipulated by the above directive. If you believe that is the case, please email firstname.lastname@example.org with your specific request or concern. Please note that in order to verify your identify, and appropriately comply with your request, we may require you to provide us with additional Personal Information.
9. UPDATING THIS POLICY
We may revise and update this Policy if our practices change, as technology changes, or as we add new services or change existing ones. Whenever possible, SelectHub may alert you by email if this policy is revised. In addition, any changes to this Policy will be posted n the Site, and we will update the “last updated” date set forth above. It is therefore important that you register with the Site and notify us if you change email addresses. In any case, you should regularly check our Policy whenever you use the Service to see if it has been updated since your last visit.
10. APPLICABLE LAW
Our collection, storage and use of any and all Information shall be governed by the laws of Denver, Colorado, United States of America.
11. CONTACTING SELECTHUB
Any questions about this Policy or changes to your account information should be addressed to SelectHub by email at: email@example.com. You can also report problems at 877-692-2896 or via mail to our address at: SelectHub, Attention: Customer Support, 611 S. Congress Ave., Suite 130, Austin, TX 78704.