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Privacy Policy

Effective Date: October 12, 2016

This Privacy Policy applies to the Function Point (“FP”) website and online services accessible through functionpoint.com, including subdomains, (the “Service”) and details information we collect, use and disclose to third parties about our users, including you.

We collect and use your information internally and may disclose your information to third parties, outside of FP, in certain situations described in the Privacy Policy.

The Privacy Policy addresses two kinds of information: (1) Personal Information; and (2) Anonymous Information. Personal Information identifies you and includes, for example, a first and last name, telephone number, address, email address and other information that you provide to us. Anonymous Information does not identify you and can be combined with Anonymous Information about other users.

1. What Information We Collect

We collect your Personal Information as follows:

  • We collect your first and last name, company name and address, telephone number and email address when you register an account to access the Service (“Account”) or obtain access to an Account.
  • If you access an Account through a single sign-on provided by a third party service provider, you will be asked to disclose certain Personal and Anonymous Information to FP., as further described when you click on the third party single sign-on link. You will be prompted to approve disclosure prior to completing the single sign-on.
  • We collect transaction information you provide when you purchase a subscription to the Service which includes your first and last name, company name and address and credit card information (“Transaction Information”).
  • We collect metrics and other types of statistical data associated with your Personal Information to determine your particular use of the Service. Such information is derived from IP addresses, cookies or a JavaScript beacon and includes, but is not limited to, date and frequency of page visits, number of page clicks, popularity of applications, file types and file size uploaded, current page and actions taken.
  • We collect Service diagnostic information including logs, error reports and events and the type, number, date and page relating to this information and associate this information with your Account and related Personal Information.
  • We collect backups of your Account and all Personal and Anonymous Information contained within.
  • We collect any Personal Information you provide when you contact us with questions, provide us with feedback, participate in surveys, voluntarily post in our blogs or participate in our community forum.
  •  We collect your first and last name, email address and telephone number when you signup for the FP newsletter or webinars or download FP, whitepapers or templates.

We collect your Anonymous Information as follows:

  • We collect all Anonymous Information provided to FP through the Service such as metrics and other types of statistical data.

By default, FP has full access to, and collects and accesses backups of, your Account and all information within, including Personal and Anonymous Information, for the purposes outlined in this Privacy Policy. You may revoke certain access FP has to your Account by accessing the FP. administrator panel and unchecking the appropriate box. Revocation does not restrict FP from accessing and modifying your Account and information contained within for the purpose of providing Service updates to you.

2. How We Use Your Information

We use Personal and Anonymous Information internally to provide the Service to you, understand your needs and provide you with better service and information, in particular:

  • To provide the Service to you, such as identifying you when you login to an Account, hosting and displaying information, providing Service updates, improving or expanding the Service and addressing technical issues.
  • To process and verify any payment you have permitted us to charge to the credit card associated with your Account.
  • To contact you in connection with your activities on the Service, such as informing you of new features, conducting surveys or delivering Service related announcements such as outages, suspensions or changes to the Service. This contact typically will occur through an in-Service pop-up message or email or both.
  • To establish and maintain your Account and to protect the security of your Account.
  • By default, FP has full access to, and collects and accesses backups of, your Account and all information, including Personal and Anonymous Information, contained therein. This access is used to provide the Service and support to you. You may revoke certain access FP has to your Account by accessing the FPadministrator panel and unchecking the appropriate box. Limited access may impact the effectiveness of support we provide to you. Revocation does not restrict FP from accessing and modifying your Account and information contained within for the purpose of providing Service updates to you.
  • To provide customer support or to resolve customer issues.
  •  From time to time, we may use your Personal Information to contact you by email or through an in-Service pop-up message for market research or promotional purposes or studies and that you may opt out of by contacting FP at marketing@functionpoint.com or by clicking an opt-out link located in such an email.
  • To respond to inquiries from law enforcement and orders from a court of competent jurisdiction or to defend our rights or the rights of others.
  • To analyze demographics information about our users so we can better understand them.

3. Third Parties We Disclose Information To 

We disclose Personal and Anonymous Information to third parties, who may be located in a foreign jurisdiction and subject to foreign laws, as follows:

  • Since all users of a customer’s Account access the Service from a single Account, all Personal or Anonymous Information included in an Account is visible to all parties that have access to such Account.
  • If you access an Account through a third party single sign-on a third party will act as an identity provider to ensure that you are a person authorized to access the Account.
  • FP may disclose your Personal and Anonymous Information with our parent companies, affiliates, subsidiaries and contractors for internal purposes, including uses related to the Service, improvements to the Service and extending special offers to you. FP will ensure all persons or entities under our control that have access to your information will have executed confidentiality and non-disclosure agreements whereby they will not have the authority to use any aspect of your Personal Information other than to provide the Service for which FP has retained them to provide. FP will at all times disclose only the minimally necessary information to third parties to facilitate provision of the Service.
  • To third parties who process your Personal and Anonymous Information into anonymous actionable data that FP uses to understand how you use the Service, to improve the quality of the Service and to pursue customer leads. Such third parties aggregate Personal or Anonymous Information provided by FP into anonymous aggregate data and may use and disclose aggregate data for any purpose.
  • To third parties to process, store, manage or organize Personal and Anonymous Information and to perform services on behalf of FP during which Personal and Anonymous Information is disclosed.
  • We disclose your Transaction Information to third parties for payment processing and fraud prevention purposes.
  • We may ask that you review the Service through a third party and, if you provide a review, certain Personal and Anonymous Information may be disclosed to that third party and may be published on the Internet. It is your responsibility to review the terms presented by any third party review website to determine whether you agree to their information collection and disclosure practices.
  • To respond to inquiries from law enforcement or to defend our rights or the rights of others.

We never sell your information to third parties or provide your information to third parties for direct marketing purposes.

4. Cookies and JavaScript Beacons 

The Service uses Cookies, JavaScript beacons and similar technologies to collect certain Personal and Anonymous Information, as described above. A cookie is a small file we place on your computer, which acts as a unique identifier. A cookie does not allow us access to your computer or any information about you, other than the information you choose to share with us. By declining to accept cookies or by disabling JavaScript you will not have access to certain Service features.

5. California Do Not Track Disclosure

Do Not Track, or DNT, is a web browser setting that requests that a web application disable its tracking of you. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers and other web services you encounter while browsing to stop tracking your activity. We do not collect Personal Information about your browsing activities over time or across third-party websites or online services. Since we do not collect your Personal information across the web, we do not currently respond to Do Not Track and similar signals originating from your web browser.

6. Information Storage and Retention

While FP is a Canadian company, the data you provide through the Service is stored and processed by third parties in countries around the world. You authorize FP and third parties acting on FP’s behalf to use and process your data in any country of their choosing, which may cause your data, including Personal and Anonymous Information, to be subject to privacy protections and legal rights that may not be equivalent to those in your country.

Your Personal Information is retained until you request its deletion pursuant to section 13 or until FP no longer requires such information for the purpose for which it was collected.

7. Change of Ownership or Business Transition

In the event of, or in preparation for, a change of ownership or control of FP, or a business transition such as the sale of FP assets, we may disclose your Personal and Anonymous Information to third parties who will have the right to continue to use such information in the manner set forth in this Privacy Policy.

8. Third Party Software and Services

Use of the Service may involve third party software or services, the use of which may disclose your Personal or Anonymous Information to third parties. Additionally, third party software and services may collect Personal Information about your online activities over time and across different websites. The Privacy Policy only applies to information that FP collects, uses or discloses and does not apply to the collection, use or disclosure of your information by third parties through third party software or services. Use of third party software or services may require you to accept a third party’s terms of service/use, privacy policy or other agreement. It is your sole responsibility to determine whether any third party agreement is acceptable to you.

9. Children

The Service is not directed to children under the age of 13 and we do not knowingly collect Personal Information from children under the age of 13. If we learn that we inadvertently collected Personal Information from a child under the age of 13, we will delete that information as quickly as possible. If you are a parent or guardian of a child who you believe provided FP with Personal Information without your consent, please contact FP at info@functionpoint.com.

10. Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. The Service may use industry standard SSL (secure socket layer) encryption to transfer information. For more information on our current security practices, please review the FP security page at www.functionpoint.com/security.

11. Updates

FP reserves the right, at its sole discretion, to change or modify or to add or remove portions of the Privacy Policy at any time (“Updates”). We agree to notify you of Updates through a Service message and to make them available at functionpoint.com. You will be deemed to have accepted any Update by continuing to use the Service. Unless FP states otherwise, Updates are automatically effective 30 days after being posted on functionpoint.com.

12. Email Preferences

We communicate with our users primarily by email. If you would like to change the email preferences we associate with you (for example, unsubscribing from receiving certain types of email) you may do so by clicking a link within emails that we send to you.

12. Your Rights

You may contact FP to obtain a copy of any Personal Information we have collected about you, the production of which may be subject to a fee as permitted by applicable law. In addition, you may contact FP to correct or delete such information, except to the extent that retention is necessary for our legitimate business purposes, required by applicable law, in the control of a third party or where correction or deletion is not technically feasible.

13. Contact Us

New:

If you have questions or comments about the Privacy Policy or FP.’s information collection in general, please contact us at info@functionpoint.com or:

Function Point Productivity Software
Attn: Privacy Policy
#140 – 2034 11th Ave W
Vancouver, BC V6J 2C9
Canada

All Personal Information you provide via email, mail or telephone concerning the Privacy Policy or FP.’s information collection practices will be kept confidential.