Terms & Conditions

ACCEPTANCE OF TERMS OF SERVICE

This is an agreement between Foundation Software, LLC, the owner and operator of with.foundation (“this website”), and you, a user of this website. By using this website, you acknowledge and agree to the Terms & Conditions below. If you choose not to agree with any of these terms, you may not use this website. Foundation Software reserves the right to change these Terms & Conditions, and your use of this website constitutes your agreement to the updated Terms & Conditions.

PRIVACY POLICY

Thank you for visiting the Foundation Software website. We respect your privacy and are committed to protecting it. This website may collect information about your activity and use of the site. Such information is stored securely within the Foundation Software private network and may be used to improve Foundation Software sales, marketing and business-development efforts.

Your personal information will not be sold to third parties without your prior written consent.

Non-personally identifying information that may be collected during your visit to the Foundation Software website may include:

  • The pages you request
  • The date and time you access this website
  • The status of the request (e.g., success or failure)
  • The type and version of your Web browser (e.g., Chrome, Safari)
  • The operating system (e.g., Windows, iOS, Android) of the machine running the Web browser

Google Analytics: We use Google Analytics to track user behavior on our website and to generate reports on website traffic, user demographics, and user behavior. Google Analytics collects information such as your IP address, browser type, device type, and pages visited on our website. This data is used to help us improve our website and to better understand our users' needs. You can learn more about Google Analytics' data practices and opt-out options by visiting the Google Analytics Opt-out Browser Add-on page.

Meta Pixel: We use Meta Pixel to track user behavior on our website. Meta Pixel collects information such as your IP address, browser type, device type, and pages visited on our website. This data is used to show you ads on Facebook that are relevant to your interests and to measure the effectiveness of our advertising campaigns. You can learn more about Meta’s data practices and opt-out options by visiting the Meta Data Policy page.

By using our website, you agree to the collection and use of data by Google Analytics and Meta Pixel as described above. If you do not want your data to be collected by these tools, you can disable tracking in your browser settings or use browser extensions. Please note that disabling tracking may affect your ability to use some features of our website.

Hotjar: We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.

For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

USER CONDUCT

You may not engage in copying, distributing or disclosing data from this website for commercial purposes, including any automated or non-automated “scraping.”

LINKS AND DISCLAIMERS

Our website has links to other organizations with their permission. Upon leaving the Foundation Software website, you are subject to the privacy policy of the new site. Foundation Software is not responsible for the availability of the systems being linked to, and these links are provided to you as a service for you to better understand the different business relationships that Foundation Software has established.

COPYRIGHT

All content included on this website, including text, graphics, logos, buttons and other images, and the software and documentation described herein, are copyright. Under United States copyright laws, neither this website, the software, the documentation nor the reports within the software may be copied, reproduced, translated or reduced to any electronic medium or machine readable form without first obtaining the prior written consent of Foundation Software, LLC. Copyright © 2021 Foundation Software, LLC. All rights reserved.

TRADEMARKS

FOUNDATION® is a registered trademark® of Foundation Software, LLC. Microsoft®, Microsoft Windows®, Microsoft Excel® and Microsoft SQL Server® are either registered trademarks or trademarks of Microsoft Corporation in the United States and other countries.

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective January 1, 2020

The PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of Foundation Software, LLC. (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. NO
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

 

Personal information does not include:

  • Publicly available information.
  • De-identified or aggregated consumer information.

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from information that you submit through forms on our website or provided at an event or trade show.
  • Directly and indirectly from activity on our website (with.foundation). For example, from submissions through our website portal or website usage details collected automatically.

 

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, to provide a price quote or a demonstration of services.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • For testing, research, analysis and product development.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

Sharing Personal Information

We may disclose your personal information to service providers, as defined within the CCPA, to fulfill a business purpose.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A:       Identifiers.
Category B:       California Customer Records personal information categories.
Category D:       Commercial information.
Category F:       Internet or other similar network activity.

Category I:         Professional or employment-related information.

In the preceding twelve (12) months, we have not sold any personal information.

 

Your Rights and Choices

The CCPA provides consumers with specific rights regarding their personal information. This section describes your rights and how to exercise them.

As a service provider as defined in CCPA, personal information collected by an employer (a business, as defined in CCPA) and retained in a FOUNDATION database is not subject to a verifiable consumer request, data portability or deletion request through Foundation Software, LLC. Such requests should be directed to the business that collected the information (i.e. the employer).

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (“a data portability request”).
  • If we disclosed your personal information for a business purpose, a list stating the disclosures and identifying the categories of personal information that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete the personal information that we have collected and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  7. Comply with a legal obligation.
  8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at (800) 246-0800
  • Visiting https://foundationsoft.com/ccpa-request-for-information/

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability request twice within a 12-month period.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Information provided for a verifiable consumer request is not retained after the completion of the request. Follow-up information may be requested to verify a consumer’s identity.

Response Timing and Format

Verifiable consumer requests will be responded to within 45 days of receipt.  If we require an extension (up to 90 days), we will inform you, along with a reason for the extension, through contact information provided in your verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a readily-usable format to provide the data.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Request to Opt in or Opt out

We do not sell your personal information. If, in the future, we anticipate selling your personal information to any party, we will provide you with the means to exercise your opt-out and opt-in rights as required by the CCPA.

Notice for Minors

Our Website is not intended for children under 16 years of age. No one under the age of 16 may provide any personal information on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website. If we learn we have collected or received personal information from an individual under the age of 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about an individual under the age of 16, please contact us at the email address provided below.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at any time. Should changes be made to this privacy notice, we will notify you through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: (800) 246-0800

Website: https://with.foundation/ccpa-request-for-information/

Email: privacy@foundationsoft.com

Postal Address:
Foundation Software
17800 Royalton Road
Strongsville, OH 44136