ShoutOUT™ PRIVACY STATEMENT

At Promptu Systems Corporation ("Promptu"), privacy is a key priority and we are committed to the protection of your personal information. We are committed to respecting your privacy and to complying with applicable data protection and privacy laws in the countries where we do business. We invite you to read the Promptu Privacy Policy to learn more about our privacy practices across all Promptu products, services, software and websites. This ShoutOUT Privacy Statement (this "Privacy Statement") explains how we collect and process personal information through the ShoutOUT Client Application (the "Software") and the ShoutOUT Service (the "Service"). .

We welcome your feedback about this Privacy Statement and invite you to contact us at privacymatters@promptu.com or by sending your comments to Promptu Privacy Officer, Promptu Systems Corporation, 333 Ravenswood Avenue Bldg 202, Menlo Park, California 94025-3453.

SCOPE

This Privacy Statement applies to the Software and the Service.

IF YOU DO NOT AGREE TO THE PRIVACY PRACTICES DESCRIBED IN THIS PRIVACY STATEMENT, PLEASE DO NOT USE THE SOFTWARE OR THE SERVICE.

OUR PRIVACY PRINCIPLES
  • We will provide clear, adequate notice and obtain unambiguous consent, when required, prior to the collection, transfer and/or processing of personal information.
  • We will only collect personal information lawfully and fairly, limiting our collection to only personal information that is relevant, adequate, and non-excessive for the specified, explicit and legitimate purposes for which it is collected.
  • We will obtain your consent prior to using your personal information for a purpose other than that specified.
  • We will take commercially reasonable steps to protect your personal information against loss, misuse or theft, unauthorized access, disclosure, copying, use, or modification.
  • We will anonymize or delete your personal information as soon as it is no longer needed for the purposes specified in this Privacy Statement including compliance with legal, regulatory or government requirements.
  • We will provide you access to your personal information and will work with you to address any concerns about the processing of your personal information.
INFORMATION WE COLLECT

We collect your personal information in three ways: directly from you through your registration and use of the Service, indirectly as generated automatically by the telecommunication and IP-based systems that facilitate the processing of your voice and text messages and from our telecommunications carrier partners. When you use the Service to process speech-to-text requests, we collect your user ID, your voice messages or "utterances", any iterative communications between you and the Promptu Speech Recognition Servers to facilitate creating and sending the text message, and the recipient's mobile number (MSISDN) or email address. Certain system information is automatically generated and includes device information (such as device type and MSISDN), traffic data (such as time and date of message(s), sender and recipient phone numbers and/or email addresses, etc.) and geolocation data (if your device preferences are set to enable this). We may also, from time to time, receive information about you from our telecommunication carrier partners in order to provide or improve the Service that we deliver to you.

USING YOUR PERSONAL INFORMATION

Promptu uses your personal information to provide you with the Software and the Service that you have requested, as well as to enable us to provide you with a continually-improving and personalized customer experience through the use of the Software and the Service. These uses include order fulfillment and billing, performing research and analysis to develop, troubleshoot and/or improve the Software and the Service, marketing and commercializing of the Software and the Service including communicating with you regarding the Software and the Service, improving the quality and functionality of the Software and the Service, enforcing the terms of service, conducting internal business processes, prevention of fraud and harm to the rights, property or employees of Promptu and to comply with legal requirements. Promptu only processes personal information for the purposes described in this Privacy Statement and/or the supplementary privacy notices for specific services. We will anonymize or delete your personal information as soon as it is no longer needed for the purposes specified above or for compliance to legal, regulatory or government requirements. Receiving your consent to the processing of your personal information as described above, is required for the provisioning of the Service.

SHARING YOUR PERSONAL INFORMATION
Promptu Worldwide

Promptu is a global company with headquarters in the United States and research facilities in Australia. Personal information that we collect about you through the Software and the Service will be shared with global Promptu associates, on a business need-to-know basis, in order to provide you with the Software and the Service that you have requested. We obligate our employees to ensure the security and confidentiality of your personal information and to act on that personal information only in a manner consistent with this Privacy Statement and the Promptu Privacy Policy.

Promptu Business Partners

Promptu may share your personal information with business partners with whom we have contracted to assist us in delivering or improving the Software and the Service. We only choose business partners who have implemented adequate security and privacy safeguards and we require them to commit, in writing, to processing and protecting your personal information based on our instructions and in compliance with this Privacy Statement and the Promptu Privacy Policy. These partners are not authorized to use your personal information for any other purpose than that which is specified by Promptu.

Third Parties

Promptu will not disclose your personal information to third parties for their own marketing purposes unless you have provided explicit consent.

Business Transfers

If Promptu enters into a merger, acquisition or sale of all or a portion of its assets or business, your personal information may be one of the transferred assets. Should such a sale or transfer occur, Promptu will require the buyer to use your personal information in a manner that is consistent with this Privacy Statement.

Law Enforcement

Promptu may disclose your personal information that we have received through your usage of the Service without your consent when we believe in good faith that the disclosure is required to comply with applicable law or respond to lawful requests or legal processes (such as subpoena, warrant, court order, etc.) for the purpose of assisting law enforcement and legal authorities in the detection or prevention of fraud or crime.

YOUR CHOICES

Promptu will always let you know when the personal information that we are collecting is voluntary vs. required for the purpose that we have specified at collection - and any consequences for not providing the personal information. Additionally, we provide you with the opportunity to make choices about communications that you receive from us. Therefore, you may choose to limit or opt-out of certain communications from Promptu at any time. Unless you instruct us otherwise, Promptu may contact you to provide information about products, services, promotions, contests, or other activities or offerings that we feel may be of interest to you. If you would like to stop receiving marketing email communications from us, you just need to follow the instructions provided at the bottom of any message you receive from us. We will still send you mandatory ShoutOUT related communications, such as product alerts, sales transactions, software updates etc.

ACCESSING & UPDATING YOUR INFORMATION

Promptu recognizes your right to access your personal information and to request certain changes, updates, additions, corrections, anonymization, blockage, cancellation or deletions of your personal information. We will make good faith efforts to respond to your access requests in a reasonable time, typically within thirty days, and we reserve the right to charge a small fee for providing this information to you. Please note that requests to delete certain personal information may prevent us from providing the Service to you. You have the right to receive from Promptu, upon request, in clear form, confirmation as to whether or not we have personal information about you, the purpose of the processing of your personal information, the type of personal information involved and the type of, and if possible, a list of recipients to whom we have sent your personal information, if applicable. We will verify your identity before providing you with access to your personal information.

HOW WE PROTECT PERSONAL INFORMATION

At Promptu, we are committed to protecting the security of your personal information. We have implemented strict physical, organizational and technology measures to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification - regardless of the format in which it is held. Although we cannot guarantee that loss, misuse, or alteration of your personal information will not occur, we strive to prevent such occurrences and have business continuity and incident response plans in place to address loss or destruction of personal information. We have security policies, standards and procedures in place to protect your personal information and all employees are accountable for complying with these policies, standards and procedures.

CHILDREN'S PRIVACY

The Software and the Service are targeted to adults over the age of 16. If you are under 16 years of age, please do not download the Software or utilize the Service without the express consent and participation of a parent or legal guardian.

YOUR CALIFORNIA PRIVACY RIGHTS

Under California Civil Code Section 1798.83, California customers are entitled to receive, upon request, information regarding any third parties to whom Promptu disclosed their personal information for direct marketing purposes during the previous calendar year, including name and address of the third party and type of personal information that was disclosed. To receive this information, please send a request to privacymatters@promptu.com with California Privacy Rights in the subject line or send your request to Promptu Privacy Officer, Promptu Systems, 333 Ravenswood Avenue Bldg 202, Menlo Park, California 94025-3453

ENFORCING THIS PRIVACY STATEMENT

Promptu addresses complaints or disputes regarding personal information promptly and courteously. We regularly review our compliance with this Privacy Statement and the Promptu Privacy Policy. We comply with data protection laws in the countries in which we conduct business. We will cooperate with country data protection authorities if they have reason to believe that a problem has occurred regarding personal information. If you have any questions or comments regarding this ShoutOUT Privacy Statement or your personal information, please send them to privacymatters@promptu.com or send your request to Promptu Privacy Officer, Promptu Systems Corporation, 333 Ravenswood Avenue Bldg 202, Menlo Park, California 94025-3453, U.S.A.

DATA CONTROLLER INFORMATION

The Data Controller of your personal information is Promptu Systems Corporation, a U.S. corporation located at 333 Ravenswood Avenue Bldg 202, Menlo Park, California 94025-3453, U.S.A.

TRANSFER OF YOUR PERSONAL INFORMATION

In order to provide you with the Service, Promptu requires your personal information to be sent to the Promptu servers in the United States. This may mean exporting your personal information out of the country in which it originated. Additionally, Promptu reserves the right to transmit or transfer to, or process or store your personal information with, its business partners, service providers and others located in the United States and/or other countries located outside of the European Economic Area (EEA) as we deem necessary or appropriate to provide or improve the Software and the Service. When we do this, we transfer the personal information in compliance with applicable data protection and privacy laws and we have safeguards in place so that personal information is protected in these other countries in compliance with this Privacy Statement. However, please note that the privacy laws of the United States have not been approved by the European Commission as providing "adequate level of protection" for personal information in accordance with Article 25 of the EU Data Protection Directive (95/46/EC). In these situations, you will be asked to consent to the export and transfer of your personal information in accordance with this Privacy Statement.

CHANGES TO THIS STATEMENT

Promptu reserves the right to amend or modify this Privacy Statement at any time, in response to changes in our products or services, applicable data protection and privacy legislation or based on feedback from our customers. If we make changes to this Privacy Statement, we will post the revised Privacy Statement prominently on our website, with the "last updated" date revised accordingly. By continuing to use the Service after the posting of an updated Privacy Statement, you are agreeing to accept and be bound by the updated version.

HOW TO REACH US

If you have any questions or complaints related to privacy, data protection or your personal information, you can reach us at: privacymatters@promptu.com or send your request to Promptu Privacy Officer, Promptu Systems Corporation, 333 Ravenswood Avenue Bldg 202, Menlo Park, California 94025-3453, U.S.A.

GOVERNING LAW

This Privacy Statement is governed under the laws of the State of California, United States of America, without regard to its conflicts of law provisions. Promptu makes no representation that the Service is governed by or operated in accordance with the laws of other nations.

CONSENT

If you reside outside of the United States of America, by registering with and using the Software and the Service, you acknowledge that the Software and the Service are subject to the laws of the United States of America, and thereby consent to the transfer of your personal information to the United States of America, and waive any claims that may arise under your own national laws. Furthermore, by registering with and using the Service, you consent to the recording, transmission, processing and storage of your voice utterances by Promptu in order to deliver, troubleshoot and improve the Software and the Service.

This Privacy Statement was last updated on November 11, 2009.