Pinnacle Software - Terms of Use - Privacy Policy

Pinnacle Software has created this Privacy Policy ("Privacy Policy") to demonstrate our commitment to customer privacy. Privacy on the Pinnacle web site (the "Site") is of utmost importance to us. This Privacy Policy describes our information-gathering and dissemination practices. By using the Site or providing any personal information when using the Site, you are agreeing to the collection and use of information in the manner described below.

Information Gathered

Registration and Billing Information: We require users of the Site to provide contact information such as their name, e-mail address and company name and, when applicable, billing information such as billing address and credit card number. When one registers for services on the Site (“Services”) or requests more information about the Services, we may also ask for additional personal information such as title, department name or fax number, or additional company information such as annual revenues, number of employees or industry.

Users can opt out of providing this additional information by not entering it when asked.

Log Data: Pinnacle also collects certain information from visitors to and users of the Site, such as Internet addresses, browser types and referring domains. This information is logged to help diagnose technical problems and administer the Site in order to constantly improve the quality of the Service. We may also track and analyze non-identifying and aggregate usage-and-volume statistical information from visitors and users, and provide such information to third parties.

Cookies: Cookies are files that Web browsers place on a computer's hard drive. Pinnacle uses cookies to tell us whether users and visitors have previously visited the Site. We associate cookie and/or log information with personal information when troubleshooting our systems. Pinnacle also uses a persistent cookie to help save and retrieve usernames of users accessing the Site and to save a user’s preferences from one session to the next. Pinnacle issues a session cookie only to record encrypted authentication information for the duration of a specific session. The session cookie does not include the username or password of the user. If the cookie is rejected, access to and usage of the Services may be denied or otherwise limited.

Invite a Supplier: If a user elects to invite its suppliers to review and provide input on the data it has entered as part of the Service, then the user will need to provide the name and e-mail address of each such supplier. Pinnacle will automatically send the suppliers a one-time e-mail inviting them to review and provide input on the requesting user’s data. Pinnacle stores this information for the purpose of sending this one-time e-mail and to facilitate access by the supplier to the user’s data.

Information Use

Pinnacle Software uses the information that we collect to set up Services for users and to improve the Site. We may also use the information to contact users to further discuss their interest in the Site and the Services, or to send users information regarding Pinnacle or its partners, such as promotions and events. We may also e-mail to users information regarding updates to the Services or the Site. To opt out of receiving such information, users can send an email to support at pinnacle-software.com with the word "unsubscribe" in the subject field.

All financial and billing information collected through the Site is used solely to check the qualifications of prospective users and to bill for Services. This billing information is not used by Pinnacle Software for marketing or promotional purposes. Other third parties, such as content providers, may provide content on the Site, but they are not permitted to collect any information; nor does Pinnacle share any user information with these parties. To facilitate mailings to our customers, Pinnacle may provide the necessary mailing information to bonded third-party contractors who perform the mailing on our behalf.

Hosted Data

Users of the Service will be using the Site to host data. Data may at times be viewed or accessed by Pinnacle only for the purpose of resolving a problem, support issue or suspected violation of the Terms of Use for the Site, or as may be required by law. Users are responsible for maintaining the confidentiality and security of their user registration and password. Except as provided in this Privacy Policy, Pinnacle will not review, share, distribute, print or reference any data posted to the Site by users.

Sharing of Information

Pinnacle may share aggregated demographic information with partners and advertisers. This is not linked to any personal information that can identify an individual person.

Pinnacle Software may use a credit card processing company to bill users for Services. This company will not retain, share, store or use personally identifiable information for any purpose other than as needed to perform such billing.

Pinnacle may partner with other parties to provide specific services. If a user registers for these services, we will share names or other contact information that is necessary for the third party to provide these services. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services.

From time to time we may provide information about users to Pinnacle's subsidiaries and joint ventures in order to provide those users the Service. Each of these entities will comply with the policies described in this Privacy Policy. In addition, if the stock or assets of Pinnacle Software, its subsidiaries, its joint ventures or any combination of such are acquired by another entity, some or all of Pinnacle users’ personal information and hosted data may be provided to such successor. In such a case, the successor will handle the personal information and hosted data in the same manner as provided in this Privacy Policy. Please see our Notice of Changes section below.

Other than as expressly described in this Privacy Policy, Pinnacle will not share, sell or rent a user’s personally identifiable information or hosted data with anyone outside of Pinnacle, without such user’s prior permission or unless ordered by a court of law.

Links to Other Sites

The Site contains links to other sites. Pinnacle is not responsible for the privacy practices of such other sites. We encourage Pinnacle users to be aware when they leave the Site and to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Site.

Security

Pinnacle Software takes every precaution to protect our users’ information and data against loss, misuse and alteration. As a web-native application, our success will be predicated on the security of that information and data. We use standard industry practices as outlined in our security statement to help prevent unauthorized use of, access to or alteration of user information and hosted data. These practices include the appropriate use of firewalls, SSL encryption, system redundancies, and co-location at a 24/7 secured, controlled environment.

Pinnacle personnel with access to information gathered from users have been advised of the importance of maintaining the confidentiality of such information and of using it only for the purposes described in this Privacy Policy.

Choice/Opt-out

Whenever users submit requests for more information or Services from us, they may opt out of entering certain fields. However, such decision may affect the ability to use portions of the Site and Services. If you receive marketing or similar e-mail messages from us and wish to opt out of receiving such messages, then you may simply follow the opt-out procedure specified in such e-mail.

Updating Contact Information

We encourage our users to update and edit their contact information and keep it current. Users can easily correct or update their contact information at any time through the Service or by emailing support at pinnacle-software.com.

Notice of Changes

Pinnacle Software may amend this Privacy Policy from time to time. If Pinnacle is going to use your personally identifiable information in a manner different from that stated at the time of collection we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our web site notifying users of the change. In some cases where we post the notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

The following are the Terms of Use (the "Terms") that govern use of the Pinnacle Web site (the "Site"). Use of the Site or Pinnacle’s online service (the "Service") shall be deemed to be acceptance of, and agreement to abide by, these Terms.

Permitted Use. Unauthorized use of the Service or the resale of the Service is expressly prohibited. You shall not use any information provided by Pinnacle or any of its licensors in or in conjunction with any business or commercial enterprise. All right, title and interest, including intellectual property rights, in and to the Service are owned by Pinnacle Software and/or its licensors. You acknowledge that no title to the intellectual property in the Service is transferred to you. You may not access any portion of the Service to which you have not been granted a currently effective license. Such license rights are specified in a separate Service Agreement with Pinnacle Software. Pinnacle reserves all rights not expressly granted hereunder. You agree that you will not attempt to, nor authorize others to, reverse engineer, reverse compile, disassemble, modify, adapt, translate, create derivative works from, rent, lease, loan, time-share, distribute, transmit over a network, sublicense or provide service-bureau services by using the Service, in whole or in part. You also agree that you will not "frame" or "mirror" the Site, the Service or any content contained therein.

General Conduct. You agree to abide by all applicable local, state, national and foreign laws and regulations in connection with the Service. In addition you agree not to: (a) use the Service to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest or collect information about the users of the Service or the Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications; (c) use the Service to transmit or post unlawful, harassing, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) use the Service to host any data or information requiring security clearances issued by the United States or any other government; (e) use the Service to transmit or post any material that may infringe or violate the intellectual property rights or other rights of third parties, including patents, trademarks, copyrights or rights of publicity; (f) use the Service to transmit or post any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs and cancelbots; (g) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (h) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (i) harass or interfere with another user's use and enjoyment of the Service.

Third Party Interaction. In your use of the Site or the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of sponsors showing their goods and/or services through the Site or the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. Pinnacle shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

User Accounts and Information. A user account is required to access the Service. Each user must have his or her own user account and be registered with Pinnacle. User accounts cannot be "shared" or used by more than one individual. You agree to submit accurate, current and complete information about you and your organization, and to promptly update such information. Should Pinnacle suspect that such information is inaccurate, incomplete or not current, Pinnacle has the right at its discretion to suspend or terminate your account and use of the Service.

Passwords. You will choose a personal, non-transferable password for your user account. You are responsible for maintaining the confidentiality of the password selected by you to enable access to your account. Pinnacle has no obligations with regard to the use of such password by third parties. You are responsible for any and all activities in your account using your password. You agree to notify Pinnacle immediately if you have any reason to believe that the security of your account has been compromised.

Security. Pinnacle uses all commercially reasonable practices to maintain the integrity of stored data as outlined in the Pinnacle Security Statement. However, you are solely responsible for the content and integrity of your data.

Data. You, not Pinnacle Software, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data you transmit through, or post using, the Service. Pinnacle shall not be responsible or liable for the deletion, correction, destruction, damage or loss of any data or for the failure to store any data.

Storage and Other Limitations. You are allowed a pre-determined amount of storage as part of the Service. Pinnacle reserves the right to establish or modify general practices and limits concerning the storage of data on the Service. Pinnacle will make reasonable efforts to communicate in advance any such changes to you.

Support. Pinnacle Software will provide reasonable levels of support to you through a variety of systems, including FAQs and email. Pinnacle does not guarantee that the online materials will always be available.

Privacy Policy. You agree to the Pinnacle Privacy Policy, and you accept and agree that Pinnacle may use the user data and other information submitted by you in accordance with the then current Pinnacle Software Privacy Policy. By these Terms, Pinnacle is not granted ownership in any of the data or other materials you submit or post as part of your use of the Service. Pinnacle may access your account, including its data, in connection with monitoring the Service for technical performance, to respond to service or technical problems, or as otherwise stated in the Privacy Policy. Pinnacle will not otherwise monitor, edit or disclose any information regarding you or your account, including any data, without your prior permission.

Notice of Copyright Infringement. Pinnacle Software takes seriously claims of copyright infringement. Pinnacle will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act. For more information, click here.

Warranty Disclaimer. PINNACLE SOFTWARE IS PROVIDING THE SITE, THE SERVICE AND RELATED SUPPORT ON AN "AS-IS" BASIS. PINNACLE MAKES NO EXPRESS, STATUTORY OR IMPLIED WARRANTIES AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS RELATED TO THESE TERMS, THE SITE, THE SERVICE AND ALL PERFORMANCE HEREUNDER. PINNACLE DOES NOT WARRANT THAT THE SITE, THE SERVICE OR RELATED SUPPORT SHALL BE UNINTERRUPTED OR ERROR FREE, AND MAKES NO WARRANTIES REGARDING THE COMPLETENESS, ACCURACY OR AVAILABILITY OF THE SITE, THE SERVICE OR SUPPORT. NEITHER PINNACLE SOFTWARE NOR ITS SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OF ANY MATERIALS OR OTHER INFORMATION PROVIDED ON OR THROUGH THE SITE, THE SERVICE OR RELATED SUPPORT. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THESE TERMS.

Limitation of Liability. NEITHER PINNACLE SOFTWARE NOR ITS LICENSORS SHALL BE LIABLE UNDER ANY THEORY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, EVEN IF PINNACLE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE DISCLAIMERS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THESE TERMS. Some jurisdictions prohibit the exclusion or limitation of liability for damages, so the above limitations may not apply to you and you may have other legal rights that vary by jurisdiction.

Indemnification. You hereby agree to indemnify and hold harmless Pinnacle Software and its suppliers and licensors against any claim, damages, loss, liability or expense, including attorneys’ fees, arising out of your use of the Service in any way contrary to these Terms or your infringement of the intellectual property rights of others.

Notices. All notices, requests or other communications required to be given under these Terms must be in writing. Pinnacle may give notice by means of a general notice on the Site, by electronic mail to your email address on record in Pinnacle’s account information, or by written communication sent by pre-paid post to your address on record in Pinnacle’s account information. You may give notice to Pinnacle by email or pre-paid post to the following addresses, as may be updated from time to time in these Terms:

Email Address:

info at pinnacle-software.com

Postal Address:

Pinnacle Software

120 Heather Ridge

Rochester, NY 14626

A general notice on the Site shall be deemed to have been served the next time you log on to the Site or the Service. A notice shall be deemed to have been served (if sent by pre-paid post) upon the expiry of 48 hours after mailing and (if sent by email) upon the expiry of 12 hours after dispatch.

Modification of Terms. Pinnacle Software reserves the right at its discretion to change these Terms and its policies relating to the Service at any time and shall notify you by posting an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.

Pinnacle Software has created an industry-standard security infrastructure by assembling leading-edge technologies proven to be the most secure for each function. All firewalls and encryption devices are sourced from leading Internet security providers, configured by expert professionals, and tested rigorously before being placed into production.

Perimeter Defense

A strong perimeter defense is essential to prevent unauthorized or inappropriate system access. Pinnacle secures the perimeters of both production and corporate networks with multiple firewalls. Primary production firewalls are managed by in-house technicians who regularly monitor firewall logs.

Data Encryption

Pinnacle leverages the strongest encryption currently supported by browsers, using a 1024-bit RSA public key and letting users access data with 128-bit encryption from their browsers. An SSL certificate bearing the Pinnacle domain name, as well as the lock icon in the corner of the user's browser, assures customers that their data is fully protected while in transit. In addition, all uploaded customer files are stored on Pinnacle servers in encrypted form.

User Authentication

Pinnacle customer data can be accessed only with a valid username and password combination, which is encrypted via SSL for Internet transmission. Username and password verification is provided by a hardened authentication service that is maintained separately from the main application service. For further security, Pinnacle does not store user passwords. Instead, all passwords are encrypted using a one-way hashing algorithm. The hashed value is compared with a previously calculated hash value stored in the Pinnacle authentication database. Once an Pinnacle PLM session has been established, a randomized session ID cookie that does not contain username or password information is used to identify the user. One hour of inactivity causes the session to time out, after which a new session must be established in order to access customer data.

Application Security

Similar to multiple ATM machines accessing a centralized banking system, Pinnacle's robust application security model prevents one customer from gaining unauthorized access to another customer's data when accessing Pinnacle's centralized database system. This security model is applied and enforced for all Pinnacle customers and staff.

Internal Systems Security

Within perimeter firewalls, Pinnacle systems are safeguarded by a variety of security features such as network address translation, port redirection, IP masquerading, non-routable IP addressing schemes, internal firewalls and other precautionary measures. Details regarding the implementation of these security features are proprietary.

Operating Systems Security

Pinnacle Software enforces tight operating system–level security by using a minimal number of access points to all production servers and protecting all operating system accounts with strong passwords. Production servers do not share a master password database. All operating systems are maintained at each vendor's recommended patch levels for security. Multiple, third-party security applications are used to ensure that each machine is secure before being placed into production. These applications are also checked at regular intervals to ensure that configurations have not been changed.

Database Security

Database access is controlled at the operating-system and database-connection levels for additional security. Access to production databases is limited to a minimal number of points. As with production servers, production databases do not share a master password database.

Auditing

Pinnacle has a robust auditing system. Our servers are monitored continually. Any potential problems are detected, isolated and resolved without delay. Pinnacle staff is alerted immediately in the event of potential hardware issues, hacker attacks, power fluctuations or other potential difficulties.

Access by Pinnacle Staff

There may be situations in which Pinnacle staff members need to access customer data for administrative purposes. It is Pinnacle’s policy to grant this access on a need-to-know basis only, and to limit such access to a small number of people with individual passwords. When providing customer support, Pinnacle staff will always ask for permission prior to accessing customer data.

Reliability and Backup

Pinnacle further enhances its reliability by storing all customer data on redundant disks. To protect against data loss due to catastrophic events, all customer data is backed up to tape on a nightly basis, up to the last committed transaction. To protect against a facility-wide disaster, tape backups are moved offsite to a third facility on a weekly basis. NOTE: Pinnacle does not protect individual customers against deletion of their data by properly authorized and authenticated users. For this reason, customers are expected to maintain duplicate copies of all data for backup purposes.

Please address all questions to:

info at pinnacle-software.com.