We self-certify compliance with:
Overtone, Inc. Privacy Statement
Effective as of July 23, 2009
Overtone, Inc. (“Overtone,” “we,” or “us”) takes the privacy of the users of our services (our “Customers” and “you”) and those visiting our web site (www.overtone.com) who are not yet Customers (“Visitors” and “you”) very seriously. We provide this Privacy Statement (the “Statement”) to inform you about what information we collect, how it is protected and used, and the circumstances under which it may be disclosed. Unless otherwise provided in this Statement, this Statement does not cover our offline data practices.
Overtone is a Licensee of the TRUSTe Privacy Program. TRUSTe is an independent organization whose mission is to build users’ trust and confidence in the internet by promoting the use of fair information practices. Overtone has elected to disclose our information practices and have our privacy practices reviewed for compliance by TRUSTe as a testament to our commitment to your privacy.
Please direct all questions and concerns pertaining to this web site, our services, or this Statement to us at info@overtone.com. Should your query go unaddressed within a reasonable time expectation, or hasn’t been addressed to your satisfaction, please contact TRUSTe at http://www.truste.com/consumers/watchdog_complaint.php. TRUSTe shall work as a liaison with us to resolve your concerns.
Overtone participates in the Safe Harbor program and adheres to the Safe Harbor Principles developed by the U.S. Department of Commerce and the European Union. For more information about the Safe Harbor program, please visit the U.S. Department of Commerce’s http://www.export.gov/safeharbor/
Your continued use of our services or this Web site constitutes your acceptance of the current posted privacy policy. If you have questions about our privacy policy, please contact us at the address set forth below.
I. Personal Information We Collect
Overtone is an application service provider, meaning that we host software applications that our Customers access via our Web site. We refer to our services in this Statement as the “Service.” We collect information from both Visitors to our web site and our Customers.
A. Information About Our Visitors
Visitors may wish to request information about our Service or our company. To facilitate our provision of that information, you may be asked to provide information that could identify you personally, such as your name, company, title, phone number, email address, site name, URL, and/or address. Additionally, if you wish to register for online events, download certain information, or access our Resource Center, you may be required to provide certain additional information that can identify you personally and other corporate information (industry and amount of feedback collected each month). Visitors are responsible for maintaining the confidentiality of any passwords they are given to access our web site and are fully responsible for all activities that occur under their passwords.
B. Information About Our Customers
When a Customer purchases the Service, we require that Customer to provide us with sufficient billing and credit information to reasonably setup, maintain, collect payment, and provision the Service. This information is collected offline. In the course of providing our Services to our Customer as a marketing research agent, we receive data that includes aggregated data about our Customer’s customer base and that may include third party personal information such as name and email. Such information when collected by our Customer was either available in a public space or our Customer received consent from the provider to use it for marketing purposes. Where Overtone receives such third party personal information from our Customer, we use it only to provide our Service to that Customer. This information is not shared with any third parties for their promotional purposes nor used in any manner without the explicit consent of our Customer except as set forth below.
C. Customer Data
Overtone Customers use the Service to host data and information (“Customer Data”). Overtone will not review, share, distribute, or reference any such Customer Data except as provided in our agreement with the Customer, or as may be required by law. Individual records of Customer Data may be viewed or accessed by us to resolve problems, for support issues, to address suspected violations of the Overtone Service Order, or as may be required by law. Customers are responsible for maintaining the security and confidentiality of their Overtone usernames and passwords.
Our Service has comprehensive data gathering capabilities and if directed by our Customer we will gather information from different sources, including collecting information through Customer specific web forms, email, surveys, and other direct communication whether online or offline. In addition, Overtone will gather information from publicly available sources such as social networks, reviews sites, and other web sites as directed by a Customer. While Overtone does not specifically seek to collect personally identifiable information about individuals that discuss or comment on our Customer, many individuals provide such information voluntarily. When such information is placed in a public forum, it is accessible to all users of that forum. Information published in a public forum can be collected, correlated, and used by third parties and may result in unsolicited messages to the provider. This information may include first and last name, email address, mailing address, telephone number, and other information that can identify the user. We will use that personally identifiable user information for the purpose of providing the Services to our Customer. Overtone will not sell, market, or distribute that personally identifiable information in any way to third parties, except as specifically provided for in the section below entitled “Law Enforcement.” Overtone does not edit or remove personally identifiable information voluntarily provided to publicly available sources by those that discuss or comment on our Customer in their normal activity of providing comments to and feedback about our Customer.
Overtone compiles anonymous, aggregated statistics from Customer Data for a variety of internal and marketing purposes. Such purposes include benchmarking, determining appropriate levels of hardware, determining the numbers of employees that will be needed to provide the Service to our Customer base, and reporting numbers of Customers and/or web sites that use the Service. Overtone also offers its Customers access to this aggregated data in connection with the Service it provides to them.
D. Web Site Viewing Information
1. Cookies: Overtone uses cookies to make our web site easier to use and more useful. When you visit our web site our servers send a cookie to your computer. A cookie is a text file stored by a browser on your hard drive. By themselves, cookies do not personally identify you, but instead simply recognize the web browser you are using. If you do not otherwise affirmatively provide personally identifiable information about yourself to us, either by registering with us, becoming a Customer of the Service, responding to a promotional offer, or filling out a form, you will remain anonymous to Overtone. There are two types of cookies: session and persistent. Session cookies disappear from your computer when you close your web browser or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. If you have chosen to identify yourself to us then we use session cookies containing encrypted information to allow Overtone to uniquely identify you. Each time a Customer logs into the Service, a session cookie containing an encrypted, unique identifier that is tied to the Customer’s account is placed in their browser. These session cookies allow us to uniquely identify the Customer when logged into the Service and to ensure proper authentication for use of the Service. Session cookies are required to use the Service. Overtone uses persistent cookies that only we can read and use to identify browsers that have previously visited the Overtone web site. When a Customer subscribes to the Service, or an end user provides us with personally identifiable information, a unique identifier is assigned to that end user. This unique identifier is associated with a persistent cookie that we place on the Customer’s or the end user’s web browser. We are very careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies. If you disable your web browser’s ability to accept cookies, you will be able to navigate our web site, but you will not be able to successfully use the Service.
2. Log Files: As is true of most web sites, we gather certain information automatically and store it in log files. This information does not identify individual users. Log files include internet protocol (‘IP’) addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this log file information to analyze trends, to administer the site, to see how users’ move around the site, and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information. We may, however, collect certain anonymous information from your visit to our web site via industry standard and commercially available third party web analytics solutions (e.g., Google Analytics) which use cookies and web beacons to gather this aggregated information on our behalf for statistical and reporting purposes.
3. Clear Gifs (Web Beacons)
We use clear gifs (a.k.a. web beacons) that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded on web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information. 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. If you would like to opt-out of these emails, please see "Choice and Opt-Out."
II. Use of Information Collected
Overtone may sometimes permit third parties to offer subscription and/or registration-based services through the Overtone web site. Overtone is not responsible for any actions or policies of such third parties and users should check the applicable privacy policy of such parties when providing personally identifiable information to them. We may in connection with our Web site use the services of third parties (i.e., technology consultants and CRM vendors), who may, in the course of providing services to us, be given access to the information you have provided to us. Each of these service providers is contractually obligated to provide services to us in a manner consistent with this Statement.
A. Information About Our Visitors: Overtone uses the information you provide to us to give you access to information you request. Overtone may also use the information that you provide to us to contact you to further discuss your interest in our company and our Service, and to send information regarding our company or partners (such as marketing promotions and events). We store any voluntarily provided email we receive for archival purposes and for our own marketing purposes if we feel that it is consistent with the nature of the inquiry. The information is collected and stored in a manner that is appropriate for the nature of the data that we collect and the need to fulfill your request. This information is not shared with third parties for their own use, unless you specifically authorize such sharing. We may also perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the site and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on their advertising banners. We will, however, provide only aggregated data from these analyses to third parties.
B. Information About Our Customers: Overtone uses Customer information to perform the Service and the other services the Customer requests. Overtone may also use Customer information for marketing purposes. For example, we may use information you provide to contact you to further discuss your interest in Overtone, the Service, or to send you information regarding the Company and its partners, such as information about promotions or events. Overtone uses credit card information solely to check the financial qualifications of prospective Customers and to collect payment for the Service. Overtone uses Customer web site viewing information to operate and improve the Overtone web site. We may also use such information in combination with Customer information to provide personalized information about Overtone.
C. Customer Data: Overtone’s Customers use the Service to host data and information (“Customer Data”). Overtone will not review, share, distribute, or reference any such Customer Data except as provided in Overtone’s agreement with the customer, or as may be required by law. Individual records of Customer Data may be viewed or accessed by us only for the purpose of resolving a problem, support issues, or suspected violation of the Overtone Service Order, or as may be required by law. Customers are responsible for maintaining the security and confidentiality of their Overtone usernames and passwords.
III. Information Sharing and Disclosure
A. Aggregated Information (Non-Personally Identifiable): We share aggregated demographic information about our user base with our partners. This information does not identify individual users. We do not link aggregate user data with personally identifiable information.
B. Personally Identifiable Information: Except as provided in this Statement, we do not share personally identifiable information with third parties.
C. Agents and Service Providers: We use other third parties to provide tracking and monitoring of our site. When you sign up for the Service we will share only share non-personally identifiable information as necessary for the third party to provide the Service.
D. Law Enforcement: We reserve the right to disclose your personally identifiable information pursuant to a subpoena or other judicial or administrative order, when required by law, when we believe that disclosure is necessary to protect our rights or the rights or safety of any individual or the public, or to prevent the violation of the rights of our Customers, Visitors, or any third party.
IV. Choice and Opt-Out
We provide you the opportunity to “opt-out” of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase the Service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at info@overtone-inc.com . You may also contact us at the phone number or address listed in the Contact Information section at the end of this Statement to opt-out. You will be notified when your personal information is collected by any third party that is not our agent or service provider, so you can make an informed choice as to whether or not to share your information with that party.
V. Changing Your Information
Visitors and Customers may update or change their online registration by editing their user or organization record. To update Visitor information, please login to http://www.overtone.com with your Overtone username and password and click User Settings. To update Billing Information or have your registration information deleted, please email support@overtone.com or call (866) 517-4100. To discontinue your account, please email support@overtone.com or call (866) 517-4100. We respond to all inquiries within 30 days of receipt.
VI. Third Party Web sites
Our Web site may contain links to other Web sites, such as those of our Customers and partners. Overtone is not responsible for the privacy practices or the content of such Web sites. The linked sites are not under the control of Overtone and Overtone is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. Overtone is not responsible for any transmission received from any linked site including any webcasting or other method of transmission. Links to third party sites are provided only as a convenience. Overtone does not endorse any link made available through our web site. We encourage all users of our web site to read the privacy policies of each and every web site visited when linking directly from the Overtone web site.
VII. Security
The security of your personally identifiable information is important to us. We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We use strong security measures to protect Customer Data from unauthorized access and to maintain such data’s accuracy. SSL technology also protects Customer Data using both server authentication and data encryption. These technologies help ensure that Customer Data is safe, secure, and only available to the Customer to whom the information belongs and those to whom the Customer has granted access. Overtone also implements an advanced security method based on dynamic data and encoded session identifications and the Company hosts its web site in a secure server environment that uses firewalls and other advanced technology to prevent interference or access from outside intruders.
VIII. Bulletin Boards/Chat Rooms
If you use a bulletin board or chat room on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. We reserve the right at any time, in our sole discretion, to remove any content that an end user may post on any bulletin board or chat room and restrict access to any bulletin board or chat room. We further reserve the right to republish end user postings from bulletin boards or chat rooms elsewhere on the Internet in any format.
IX. Changes in this Privacy Statement
We reserve the right to modify this Privacy Statement at any time, so please review it frequently. If we make material changes to this Statement, we will notify you here, by email, or by means of a notice on our home page.
X. Contact Information
If you have any questions about this Privacy Statement, please contact us at: info@overtone.com or at the address or telephone number listed below.
Corporate Headquarters
Overtone, Inc.
44 Montgomery St., Suite 2040
San Francisco, CA 94104
Tel: 866-517-4100
