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xTuple Privacy Policy and Terms & Conditions

Revisions have been made to our Privacy Policy (the “Policy”) effective May 25, 2018. You consent to the revised Privacy Policy after May 25, 2018, if you visit our websites (the “Site”) or use our services (the “Services”) after that date.

Contents

Privacy Policy

Terms and Conditions

Contact Information

Last Updated: September 5, 2019

 

Privacy Policy

Your privacy is important to us. We are committed to building relationships based on mutual trust. We ask that you register with us in order to download xTuple software. This privacy policy outlines exactly what we do with any information collected — whether you provide it directly or indirectly through "cookies" or other technology.

Changes to the xTuple Privacy Policy

We may revise this Policy at any time. Any Policy revisions will be effective upon posting to the Site. You should review this Policy, each time you visit the Site or use our Services, to inform yourself of any revisions. Your continued use of xTuple Site or our Services will constitute your acceptance of the Policy as revised.

Collected Information

Information you voluntarily provide us: When you visit our Site or use our Services, you may voluntarily provide us with certain information that identifies you including without limitation your name, address and email address and any other information you may choose to share. In some cases, if you decline to share such information with us, we may not be able to respond to you or provide you with services. Other than as provided in this Policy, we will not use, disclose or share your information with any third parties, without your consent.

Information which we collect automatically: When you visit our Site or use our Services, we may collect additional information, such as your Internet Protocol (or “IP”) address, browser, operating system, pages or content you access while visiting the Site and the date and time of such access.

How We Use the Information We Collect

We only use your information as permitted by law. We may combine information that we collect with information from external sources. We may use your information to:

  • Promote use of our Services to you and others or to send you marketing materials
  • Bill and collect payment
  • Provide you with our Services
  • Obtain your feedback on our Site and Services
  • Statistically analyze user behavior and activity and to improve the Site or Services
  • Communicate with you and provide customer support
  • Assure your consent for a specific use

Google Analytics: Google Analytics is a web-analysis service provided by Google that utilizes cookies to monitor web-traffic on the Site. We use Google Analytics to collect, track and examine data about the Site’s usage. We may run reports based on the data we collect, and we may share the data with other Google services. Google may use the data to personalize and customize the advertisements that are served to you from its advertising network. The Site does not respond to Do Not Track Signals from your browser.

Who We Share Your Information With

We may share or transfer information you provide to us or that we collect on the Site or through our Service, such as:

  • Business-related transfers. We may share your information to other businesses that we acquire, are acquired by, or with which we merge or partner.
  • Service Providers. We may transfer information to third parties with whom we contract to support our activities, including maintaining and managing our end-user information.
  • Compliance with Laws. We may determine that we need to share your information with law enforcement in order to comply with law or the legal process.
  • Protect Our Rights. We may share your information to protect our rights and property. For example, we may share information if we believe it will prevent the misuse or unauthorized use of the Site or the Services, protect the personal safety or property of our users or the public, or in the event of bankruptcy proceedings.

Retention of Your Information

We may retain your questions and feedback in order to improve the Site. Do not send us any information, ideas, suggestions, proposals or comments that you consider confidential or that you wish to be treated as confidential. If you no longer want us to use or retain personal information you provided to us, you may contact us. See below. and request that we delete that personal information from our records.

Cookies and Tracking Technologies

We may collect information through the Site by way of cookies or other tracking technologies. Cookies and other tracking technologies are script files that facilitate the collection of information, such as the number of visitors to the Site, and how each visitor arrived at the Site. You may be able to reject or block cookies or tracking technologies on the Site by adjusting your browser settings. Most browsers offer instructions on how to reset the browser to reject cookies in the "Help" section of the toolbar. If you elect to reject cookies and other tracking technologies, we may not be able to deliver certain information or services to you.

Device Information

We collect information about your computer, phone, tablet or other devices when you access our Site or use our Services, including connection type, operating system, browser type, IP address, device identifiers. You can disable the collection of much of this information through the settings of your device or through your operating system.

Third Party Privacy Practices

The Site may contain links to websites owned by third parties and third party advertisements. This Policy applies only to the Site and its content, and our collection and use of information provided through the Site. Your use of third party sites and content may be governed by such third party’s terms of use or privacy policies. Please review any third-party privacy policies before providing your information on any third-party site. We are not liable for or responsible for your use of third party sites or Third-Party Content. If you have questions about the data collection practices of linked sites, please contact those companies directly.

How We Store and Secure Your Information

We use data hosting service providers in the United States and Ireland to host the information we collect, and we use technical measures to secure your data.

We will undertake reasonable steps to protect all information, from unauthorized or accidental access, disclosure, misuse or processing, or from alteration, destruction, or loss. However, because no security measures are perfect or impenetrable, we cannot guarantee the security of information you submit to us.

How Long We Keep Your Information

We retain your personal information in accordance with our data retention policies and practices. The length of time we keep your information depends upon a number of factors, including the type of information. In general, we retain personal information for as long as we have an ongoing business need to retain it. Following that period, we will delete it.

Users from the European Economic Area

Legal Basis for Processing. If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable European Union laws. The legal bases depend on how you use the Site and our Services:

  • We need to collect and use the information to use Services;
  • It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests;
  • You give us consent to do so for a specific purpose; or
  • We need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information, because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services.

How to Access or Control Your Information: The General Data Protection Regulation (GDPR) provides individuals in the EEA certain rights with respect to their information. These include the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. You can exercise these rights by contacting us at the address in the Contact Section. See below.

The GDPR provides that we may limit or deny your requests in certain cases. For example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we have compelling legitimate interests to keep, including as required by law. You may have the right to complain to a data protection authority in the country where you live, where you work, or where you feel your rights were infringed, if you have concerns about your rights.

Other International Users

The Site is hosted and our Services performed in the U.S. and are intended for U.S. customers. If you are a consumer accessing the Site from Asia, or any other region with laws or regulations governing personal data collection, use and disclosure that differ from U.S. laws, your continued use of the Site, which is governed by U.S. law and these terms, indicates your consent to transfer of your information to the U.S.

Opt-In / Opt-Out Statement

The contact information you provide serves as your "opt-in" to send you email such as announcements of product releases, sales promotions and events regarding xTuple or our value-added resellers (VAR or "Partners"). You may "opt-out" of receiving these "e-news" communications by following the unsubscribe instructions at the bottom of each communication, or at any time by contacting us. See below.

Customer Testimonials

We post customer testimonials, comments and reviews on the Site which may contain personally identifiable information. We do obtain the customer’s consent prior to posting the testimonial to post their name along with their testimonial. If you wish to update or delete your testimonial, see below for contact information.

Surveys, Trade Shows and Contests

Our online surveys may ask you for contact information and demographic information. We may use data from our surveys to contact you or to allow appropriate Partners to contact you. We may also use demographic information to tailor your experience on the Site by displaying content we think you'll like. We occasionally administer contests on our site and at trade shows where we ask you for contact information, unique identifiers and demographic information. We may use data from these contests and trade shows to contact you or to allow appropriate Partners to contact you.

Public Forums

The Site may make chat rooms, forums, message boards and/or news groups available to our users. Please be advised that any information disclosed in these areas becomes public information and exercise caution when deciding to disclose your personal information.

Children's Privacy

Because protecting the privacy of young children is especially important, we do not knowingly collect or maintain information from or about persons under 13 years of age. No part of our Site is structured to attract anyone under 13. If you are under 13, do not use or access the Site at any time or in any manner. If we learn that personal information of persons under 13 has been collected on the website without verified parental consent, we will take appropriate steps to delete this information.

California Privacy Rights (for U.S. California Residents Only)

Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of customers' personal information with third parties. These businesses are required to accept requests for disclosures of these policies from customers but are only required to honor one request per calendar year. Businesses have thirty (30) days to respond to each inquiry to the designated address. Each inquiring customer will receive an explanation of the categories of customer information shared and the names and addresses of any third party businesses. In limited circumstances, customers' failure to submit requests in the manner specified will not require a response from the business.

If you are a California resident, you may request such information from us by sending a letter to the address listed below. In your letter, please provide your name, address and email address, as well as a request that we provide such information to you, by using the following or similar language, “I request that xTuple provide its third-party information sharing disclosures required by section 1798.83 of the California Civil Code.”

Terms and Conditions

xTuple License — EULA

Licenses are binding legal agreements between xTuple, the author and owner of the software, and the end-user and define the terms under which you may use the software.

The End User License Agreement (EULA) is a commercial agreement under which xTuple ERP is licensed. You pay xTuple for the right to use the software and agree to comply with the terms of the agreement. Professional support, services and cloud hosting are also available for users who purchase a commercial license.

xTuple Data Processing Addendum (“Addendum”), effective May 25, 2018, forms part of any agreement and sets forth the terms and conditions relating to the parties obligations to protect EU Personal Data associated with services rendered by xTuple to Data Controller pursuant to the Agreement.

See xTuple License Options and Data Processing Addendum.

  

xTuple University Training Credits Terms and Conditions

Effective September 2016, every annual Support Contract includes — at no additional cost — an allowance of Training Credits to be used for any regularly scheduled xTuple training offering. For every $200 spent (for both core ERP and xTupleCommerce Support Contracts, if applicable), earn one (1) Training Credit hour. Example: Spend $3600/year earns a free ticket to the 18-hour online ERP Basics class. Training Credits do not have a cash value. Training credits may be used only in the contract year in which they are earned and may not be carried over or transferred to another business entity. They may not be combined with other offers, promotions or discounts.

  

xTuple MarketPlace Terms and Conditions

Online Ordering Information

While you are shopping in our webstore, our Site uses cookies to track your shopping cart and uses an order form for customers to purchase Products. To improve your experience, we collect contact information (including phone number and email address), unique identifiers, and financial information (such as your account or credit card numbers). Contact information collected from the order form is used to send orders and to communicate with you. You may opt-out of receiving these communications by following the unsubscribe instructions at the bottom of each communication, or at any time by contacting us. See below. If we have experience difficulty fulfilling your order, we may contact you via phone or email.

Order Submission

Orders may be submitted directly to xTuple via the online MarketPlace. Purchase Orders may be submitted by email or fax. See below.

Payments

We collect certain payment and billing information when you register for certain paid Services. For example, you may be required to provide name and contact information at registration, as well as payment card details. Payments may be made via credit card, bank transfer or check, and we will agree upon the most convenient payment method with the customer during order execution. All purchase prices are shown in U.S. dollars, no tax included.

Taxes and Deductions

Product prices do not include any national, state or local sales, use, value added, or other taxes. Customer shall pay any such taxes, if applicable. Customer bears sole responsibility for any withholding tax liabilities, and no deductions shall be made by Customer from the amount payable under any xTuple invoice. Purchases from European Union ("EU") countries may be subject to the EU value added tax. Customers from the EU are responsible for providing a valid VAT ID, if any.

Product Delivery

xTuple ships no physical Products. Any details necessary to enable Customer to download and/or use the purchased Product (including license keys or access details where applicable) will be delivered by xTuple to Customer via email to an email address provided by Customer. Customer is responsible for providing xTuple with a valid email address for delivery purposes. No shipping costs are charged by xTuple for email delivery. xTuple will use its best efforts to deliver Product purchased by Customer within two (2) business days of the order acceptance. xTuple shall not be liable for any failure to deliver Product within this timeframe.

Security Policy

xTuple takes your financial security very seriously. The MarketPlace shopping cart is hosted on a secure Internet server with an SSL certificate from Thawte (www.thawte.com). During your transaction, all personal information is encrypted, including credit card number, name and address, so it cannot be accessed over the Internet. We do not store credit card numbers or card security codes after the transaction is completed.

Support Policy

Unless otherwise indicated, xTuple does not provide support for third-party products. For xTuple-licensed offerings, such as Extension Packages, consult the individual product listing for support options. xTuple does not provide regular helpdesk support on Packages loaded into an existing implementation of the free xTuple PostBooks® Edition. Bundles of premium support hours, i.e., implementation consulting and troubleshooting, are available for purchase. Please contact xTuple sales for more information.

Refund Policy

Unless otherwise indicated, all products on the xTuple MarketPlace are sold “as is” with no guarantees or warranty expressed or implied, and all sales are final.

End of Life Policy

xTuple provides commercial support for the past seven (7) minor releases of the Software. Please contact xTuple support if you are running an unsupported release. Read more on xTuple Supported Versions.

Contact Information

If you have any questions related to this Privacy Policy or how we treat information pursuant to this Policy, or you wish to correct, delete or update your information, please contact us in any of the ways listed below.

Mail
xTuple
119 West York Street
Norfolk, VA 23510 (USA)

Call
+1-757-461-3022 extension 124

Fax
+1-757-461-3021

Email
info (at) xTuple.com
Contact xTuple