Privacy Policy

Terminus Privacy Policy

Effective: October 1, 2024

Terminus Software, Inc. and its affiliates (collectively, “Terminus”, “we”, “us”, or “our”) are committed to protecting your privacy and respecting your choices with respect to your personal information.

This Privacy Policy describes the following:

1. Scope of this Privacy Policy

2. What information we collect and how it is collected;

3. How we use the information;

4. With whom we may share information;

5. Legal basis for processing the information;

6. Your rights and choices (including under GDPR and CCPA);

7. Security and storage of the information;

8. Third party websites and advertising on our Website;

9. Users outside the United States;

10. Google API Services Usage Disclosure

11. Changes to this Privacy Policy; and

12. Contact Information.

1. Scope of this Policy

This Policy is applicable to personal information we collect as a controller (i) from individuals (“Visitors”) who visit our websites (collectively, the “Website”), (ii) from individuals acting on behalf of a business entity (“Client Representatives”) who visit the Website or act as an administrative contact for Terminus’ customers and prospective customers, including in connection with sales and technical support via email, chat or telephone, and (iii) via publicly available and licensed databases of account level Information (“Business Profile Information”) of individuals in their professional capacity (“Professionals”). “You” is used generally in this Policy and can refer to a “Visitor,” “Client Representative” or “Professional” as the context requires.

This Policy does not address: (1) personal information that our clients provide to us (either with or without the use of our services) regarding their prospective or current customers, which we process as a “processor” or “service provider”; or (2) the privacy practices of Terminus’ clients who authorize Terminus to collect and process personal information of prospective or current customers on their behalf.
If you are the recipient of a targeted ad or an email that contains or is delivered utilizing our technology at the direction of our clients, please understand that: (1) Terminus and its clients (i.e., advertisers) are independent parties; (2) Terminus has no control over its clients’ privacy practices; (3) the processing by Terminus of personal data in connection with the delivery of Terminus’ services to its clients is governed by data processing or data transfer agreements between Terminus and its clients as required under applicable law.
When our clients use our advertising solutions, we receive data, as a processor, from our ad delivery vendors related to ads served. Some of the data received may be Internet protocol (IP) address, cookie identifiers and other identifiers that are automatically assigned to your computer or devices when you access the Internet. If you receive targeted advertising from Terminus’ clients, then such client is the controller of your personal information with respect to the tracking technologies enabling those advertising, and opt-outs need to be directed to that advertiser.

2. What information we collect and how it is collected

2.1 We may collect personally identifiable information (“PII”) that Visitors to our Website voluntarily provide to us when contacting us with questions regarding our service, requesting a demonstration of our product, requesting a newsletter, creating a user account for our products and services, acting as Client Representative, or applying for a position with us. Such information may include name, company name, email address, phone number, payment information and billing address when purchasing a service. Account holders must provide their email and password to log in to the application. When you ask for customer support assistance, we may collect and store contact information that you provide, information about the customer support issue and your user account information. We may also store any correspondence associated with the customer support assistance.

2.2 If you inquire about a career at Terminus, you have the option of sending to us a cover letter and resume containing PII about you and which we will use solely for employment evaluation purposes. Providing this information is completely voluntary. Please do not submit sensitive personal information to us.

2.3 We may obtain personally identifiable information, including Business Profile Information, from publicly available sources, such as from public databases, web pages and social media platforms, or from third-party providers, vendors and integrators (collectively, “Partners”) who gather data from a variety of sources including data co-ops or publicly-available sources that we use to develop professional profiles that we maintain in a Business Profile Information database. Such information could include identifiers, such as name, title, department company name, company’s officers, and certain company employees, business and/or cell phone numbers, fax number, office address, email addresses, employment and education history, social media data and similar information. We may combine the information we obtain from such sources with information we otherwise collect.

2.4. We may automatically collect information about your use of our Website, including, but not limited to, your IP host address, sites visited, ads seen, the date and time of the ad request, pages viewed, browser type, the referring URL, Internet Service Provider, search keywords, your computer’s operating system and device fingerprint. The collection tools for this type of information may now or in the future include the following (collectively, “Tracking Tools”):

• Cookies. We use cookies to collect information about a user’s Website visit – for example, number of visits, average time spent, pages viewed, navigation history through the Website, and other statistics. This information helps us improve a user’s online experience in many ways: for example, by allowing us to monitor Website performance, making the Website easier to use, measuring the effectiveness of our promotional placements, and tailoring our Website (including ads and offers) to better match a user’s interests and preferences. Our Website sends a small amount of data, including an anonymous unique identifier, to your browser (the “cookie”), in order to allow you to access or use our service (if you are a registered user), or to navigate through the pages of our Website. The cookie is stored on your computer’s hard drive. If you disable your browser’s ability to accept cookies from our site, you may not be able to access or use our Website. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file or by opting out of persistent cookies through an embedded cookie consent banner. See also “Your Rights and Choices” below. If you reject cookies, you may still use our Website, but your ability to use some areas of our Website will be limited.
• Log Data. We may collect certain information through our Website regarding your use of the Website, such as IP addresses, browser types, domain names, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
• Web Beacons. We may also use a “web beacon” (or clear gif or pixel) technology to help us understand your web browsing interest on our Website and interaction with our email marketing communications. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Internet users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. Information collection by clear gifs may be linked to other PII we have about you.
• Social Media Widgets. Some pages of our Website may include third party social media widgets that you may choose to use to allow the exchange of your information between those third party social media sites and our Website. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.
• Device Fingerprint. We use browser fingerprinting technology to enhance our understanding of how users interact with our Website. Browser fingerprinting involves collecting and analyzing certain configuration details of your browser and operating system, such as screen resolution, installed plugins, fonts, and other non-identifying characteristics, to generate a unique identifier. Please note that while we use these configurations to create the identifier, we do not store or retain any of the underlying data used in its generation. The resulting identifier is solely used for tracking, identifying, and reporting on website visitors’ interactions. This helps us improve our services, better understand visitor behavior, and assess the effectiveness of our website and marketing efforts

2.5 Our Website, our services, and behavioral advertising are not directed to children under 18. We do not knowingly collect personally identifiable information from children under 18. Our Website does not collect any age identifying information. If you have reason to believe we may have the personal information of a minor, please email us at [email protected] and we will remove such information from our systems.

2.6 We also do not collect or use financial account numbers, Social Security numbers, pharmaceutical prescriptions, medical records or any sensitive information about a specific individual for online behavioral advertising.

2.7 From time to time our interactions with you will be conducted over the telephone or video-conference, and such telephone calls and video conferences may be recorded.

3. How we use the information

We use collected information: (i) to provide you with our products and services; (ii) for billing, identification and authentication purposes; (iii) to administer and improve our service and Website; (iv) for internal research, benchmarking and product improvement; (v) to respond to your requests and queries; (vi) to provide customer support; (vii) perform our contractual and legal obligations we have to our clients, governmental authorities or other third parties; (viii) to send you marketing communications; (ix) to fill employment positions; and (x) for other legitimate business purposes.

For Client Representatives, we also use your email address to send to you service-related announcements on the rare occasion when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature.

We may use Business Profile Information to provide business-to-business contacts and enriched data to our clients for their business-to-business marketing and sales purposes and for such business purposes as permitted under our agreements. The information might include name, company, office address, job title, education, job history and similar information.

We provide client support via chatbox or email that may now or in the future utilize artificial intelligence (AI) and natural language processing (NLP) to understand client questions and automate responses to them, simulating human conversation.

May now or in the future use AI to match individuals and identify decision-makers at companies.

We use Tracking Tools, subject to the users’ opt-out preferences, to analyze trends, administer the Website, streamline Website usability, track users’ movements around the Website, to gather demographic information about our user base as a whole, target and serve relevant advertising to Internet users and to perform attribution analysis or other analytics regarding advertising audiences.

The use of Tracking Tools (including the information obtained by them and the use of the Tracking Tool-derived information) by our clients, Partners and service providers is not covered by this Policy. We do not have access or control over their use of Tracking Tools.
We may obtain your written consent from time to time in electronic form by using online agreements or other acknowledgements on the Website, including for any other contemplated uses of your personal data not addressed in this Policy. Please read all online agreements carefully before accepting them.

4.With whom we may share information

We may disclose your personal information (within or outside your country of residence):

• to companies that provide services to help us with our business activities such as hosting our Website, administering accounts, sending email communications, processing billing and payments on our behalf, providing customer service tools (e.g., through our chat feature) and assisting us with our hiring of employees.
• when we reasonably believe we are obligated to do so by law, such as to comply with a subpoena, or similar legal process,
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• if we are involved in a merger, acquisition, or sale of all or a portion of its assets, including, without limitation, in the event of bankruptcy, where the transfer of your information to the new company occurs to continue providing you products and services.

We may share Business Profile Information we collect and process with our clients. Our clients’ use of this information is not in our control and is not governed by this Policy.

We may share aggregated, non-personal information with clients in connection with reporting and accounting needs as well as with other unaffiliated third parties for various legitimate business purposes.

In some instances, where permitted under applicable law, we may share Client Representative information—like name, email address and company—with select service providers and partners of Terminus who provide relevant services that may be of interest to our clients.

We may obtain your written consent from time to time in electronic form by using online agreements or other acknowledgements on the Website or through our services, including for any other contemplated uses of your personal data not addressed in this Policy.

5. Legal basis for processing the information

We rely on the following legal grounds to process your personal information:

Consent. Some uses of your personal information as described in this Policy are subject to your consent, such as marketing email communications from Terminus. To withdraw your consent, please contact us at [email protected]. You may also (i) refrain from providing, or withdraw, your consent for cookies; (ii) close your Terminus account; and (iii) unsubscribe from communications. Please see Your Rights and Choices below for more information.

Performance of a contract. We may need to collect and use your personal information, subject to any applicable opt-out preferences, to perform our contractual obligations.

Legitimate Interests. We may use your personal information, subject to any applicable opt-out preferences, for our legitimate interests to provide and improve our Website, technology and services. We process information on behalf of our clients who have legitimate interests in operating their businesses. We may use technical information as described in this Policy and use personal information for our marketing purposes consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable law.

Compliance with Legal Obligations. We may use your personal information as necessary to comply with our legal obligations.

6. Your rights and choices

6.1. General. This section is subject to specific disclosures on privacy set forth below. We are committed to facilitating the exercise of your rights granted by the laws of your jurisdiction, which may include the right to request the correction, modification or deletion of your personal information, and the right to opt out of the sale or sharing of your personal information, the right to lodge a complaint with your local data protection authority and the right to appeal our decision regarding a data access request. We will do our best to honor your requests subject to any legal and contractual obligations. If you would like to make a request, please contact us at [email protected].

Opt-Out From Cookies. If you would like to opt-out from having Terminus collect information via Tracking Tools on our Website, navigate to adsrvr.org. When you opt out, we will place an opt-out cookie on your computer. The opt-out cookie tells us not to collect your information to tailor online advertising campaigns. Please note that if you delete, block or otherwise restrict cookies, or if you use a different computer or Internet browser, you may need to renew your opt-out choice. Please also note that if you choose to disable this function, your online experience may be diminished, and some features may not work as they were intended.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data and advertising partners. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at aboutads.info and at networkadvertising.org/choices.
Your browser’s help function should contain instructions on how to set your computer to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time.

The Google Analytics service is provided by Google Inc. You can opt-out from Google Analytics service from using your information by installing the Google Analytics Opt-out Browser tool: tools.google.com/dlpage/gaoptout?hl=en. For more information regarding how Google collects, uses, and shares your information please visit www.google.com/policies/privacy/partners/.

Mixpanel is provided by Mixpanel Inc. You can prevent Mixpanel from using your information for analytics purposes by opting out at mixpanel.com/optout.

FullStory is provided by FullStory, Inc. You can prevent FullStory from using your information for analytics purposes by opting out at fullstory.com/optout/.

Your Account. If you are a registered user, contact us at [email protected] to review, correct and edit your personal information associated with your online account.

Business Profile Information. If you would like to opt-out of the sale of your personal information that might be included within the Business Profile Information database, please click here: home.terminusplatform.com/data-deletion-request

Website Information. If you would like us to update, correct, delete, or deactivate any information that you have provided to us on this Website, please send your request to us at [email protected].

Communications. If we use your information to send you news, information, surveys or other communications about our products and services, you will have the option of opting out and/or unsubscribing from such communications. You may also contact us at [email protected]. Generally, you may not opt-out of service-related communications, which are not promotional in nature.

6.2. Your European Privacy Rights and Choices. If you are located in the European Union, the United Kingdom or another jurisdiction that has adopted laws substantially similar to GDPR, your privacy rights include the following:

• Transparency and the right to information. Through this Policy we explain how we use and share your information. We do not knowingly process, as a controller, personal information of individuals located in the European Union or the United Kingdom in the absence of the provision of notice to such individuals. If you have questions or need additional information you can contact us any time.
• Right of access, restriction of processing, erasure. You may contact us to request information about the personal data we collected from you and to request the correction, modification or deletion of such personal information, which requests we will do our best to honor subject to any legal and contractual obligations.
• Right to withdraw your consent at any time. When we process your personal data based on your consent, you have the right to withdraw it at any time.
• Right to object at any time. You have the right to object at any time to receiving marketing or promotional materials from us by either following the opt-out instructions in commercial e-mails or by contacting us, as well as the right to object to any processing of your personal data based on your specific situation. In the latter case, we will assess your request and provide a reply in a timely manner, according to our legal and contractual obligations. Some non-marketing communications are not subject to a general opt-out, such as communications about transactions and disclosures to comply with legal requirements.
• Right to data portability. You have the right to data portability of your own personal data by contacting us.
• Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your personal data that may negatively impact you.
• Right to lodge a complaint with a supervisory authority. If you consider that the processing of your personal data infringes your privacy rights according to the European Privacy regulation, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement.

6.3. California Disclosures

California “Shine the Light” Information-Sharing Disclosure: California residents may request a list of all third parties with respect to which we have disclosed any information about you for direct marketing purposes and the categories of information disclosed. If you are a California resident and want such a list, please send us a written request by email to [email protected] with “California Shine The Light Rights” in the subject line.

California Do Not Track Disclosure: Our website recognizes “Do Not Track” and Global Privacy Control browser signals, and we do our best to honor your preferences. Depending on the browser you are using, you may be able to choose to block third party cookies or browse in a private browsing mode. The Website is accessible even when private browsing is turned on. The information we collect is governed by this Policy.

California Consumer Privacy Act Disclosures If you are a resident of California (or another state that has adopted laws substantially similar to the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”), you have the right to request:

• The categories of personal information (including sensitive personal information if applicable) we have collected about you;
• The categories of sources from which the personal information is collected;
• The business or commercial purpose of collecting, selling or sharing personal information;
• The categories of third parties with whom we share or sell personal information;
• The categories of personal information about you that we have disclosed for business purposes; and
• The specific pieces of personal information we have collected about you.

Additionally, you have the right:

• To know the length of time we retain your personal information;
• To request deletion of your personal information;
• To request the correction of any inaccurate data;
• To opt out of the sale or sharing of your information (if applicable);
• To limit the use of sensitive personal information (if applicable); and
• To not be discriminated against for exercising any of your CCPA rights.

In the twelve (12) months preceding the Effective Date of this Policy, we may have collected or received from you, from public sources or from third parties in connection with providing our services, information about California consumers in each of the following categories and disclosed the information to our service providers and customers for business purposes.

Any sensitive data we collect is used by Terminus only for a business purpose and not for the purposes of inferring characteristics of a consumer.

In the last 12 months preceding the effective date of this Policy, we have shared (as defined under CCPA) consumers’ personal information in the context of cross-context behavioral advertising and sold Business Profile Information to our clients as part of our service offerings. The use of cookies by our clients, Partners and service providers is not covered by this Policy, as we do not have access or control over those cookies.

Our contact information is listed at the bottom of this Policy. You may also submit a request on our website form located here: home.terminusplatform.com/data-deletion-request. If you submit a data subject request by mail, please submit to us your name, email address and state/jurisdiction of residence along with your request. If your name and email address are insufficient to verify your identity and assess your privacy request, we may need to ask for additional information. We may also require that you submit your request via the Website’s standard authentication procedures (i.e., log on with username and password to submit a request) to ensure you are the person you say you are. You may also designate an authorized agent to make a CCPA privacy request.

CCPA Metrics Disclosure: During the previous calendar year (2023), Terminus received the following number of requests from residents of California:

7. Security and storage of the information

We take reasonable administrative, physical and technical precautions to protect your personal data and communications between us. This includes, when required or as we deem appropriate and feasible under the circumstances, written commitments from third parties that may have access to your data that they will protect the data with safeguards that are substantially equivalent to those used by us. No Internet or e-mail transmission is ever fully secure or error free, however. We therefore cannot guarantee absolute security of your data, and we are not responsible for processes and networks that we do not control and for unauthorized access to information by those who have gained access through illegal means.

We retain the personal data we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected and to perform our contractual and legal obligations. Notwithstanding the generality of the foregoing:

• We store email addresses of Visitors and Client Representatives until the individual requests to be unsubscribed or removes themselves through any self-service tools offered to the user.
• We store Business Profile Information of Professionals until the individual requests to be deleted from our databases or until it becomes evident that the contact data is no longer valid.
• We will retain account information for as long as your account is active or as needed to provide you services.
• We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
• Terminus persistent cookies are set to expire after one year; this expiration is a sliding window, meaning it resets itself after any interaction occurs. Terminus session cookies are set to expire after 15 minutes.

8. Third party websites and Advertising

Links from our Website to third party sites are provided for your convenience. Any personal information you provide to such third party will be governed by that party’s privacy policy and not ours. While we endeavor to associate only with reputable entities, Terminus is not responsible for the privacy practices of those other websites.
Subject to your opt-out preferences (see Your Rights and Choices above), we may also use third-party advertisers, ad networks, and other advertising, marketing, and promotional companies, to serve targeting advertisements.
We do not endorse these third parties, their content, or any products and services they offer, and we are not responsible for the information practices of such third-party websites or applications.

9. Users outside the United States

Our business is headquartered in the United States. If you are an individual located in the European Economic Area, the United Kingdom, Canada or another jurisdiction outside of the United States with laws and regulations governing personal data collection, use, and disclosure that differ from United States laws, please be aware that information we collect (including via cookies and other Tracking Tools) will be processed and stored in the United States or in other countries where we or our third-party services providers have operations. By submitting your personal information to us, using our service, or consenting to our Tracking Tools, you expressly consent to having your personal data transferred to, and processed and stored in, the United States or another jurisdiction which may not offer the same level of privacy protection as those in the country where you reside or are a citizen.

10. Changes to the Policy

We may update this Policy from time to time to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account), if available, or by means of a prominent notice on our Website. We encourage you to periodically review this page for the latest information on our privacy practices so that you will always know what information we gather and how we may use that information. We indicate at the top of this Policy when it was most recently updated.

11. Contacting Us

Should you have any questions in regards to this Policy or the privacy, security, and data practices of Terminus, please contact us and we will be more than happy to clarify and assist you in any way possible: