Rainmaker Systems, Inc. recognizes and respects the importance of protecting individuals' privacy. Global data-privacy laws protect the integrity of personally identifying information ("Personal Information") that is transferred from a foreign country to the United States.

Scope. This Policy applies to all Personal Information of Customers (as defined below) that Rainmaker Systems collects or receives, whether manually or digitally processed. The Policy applies to Personal Information received during the course of Rainmaker Systems' operations and governs Rainmaker Systems and each of its subsidiaries.

Our Services. Rainmaker Systems provides sales and marketing management services ("Services") for its clients ("Clients"). In the course of those Services, Rainmaker Systems receives Personal Information regarding the customers or potential customers of its Clients ("Customers"). Also, during the course of those Services, Rainmaker Systems is authorized by its Clients to collect information from Customers and may send those Customers cookies, collect data or solicit information from their Customers. In all cases, Rainmaker Systems simply acts as agent for our Clients and at their direction. We also require in our contracts that Clients represent that they have complied with all applicable personal-data protection laws in compiling and providing us with the Customers' Personal Information. Rainmaker Systems uses the Personal Information we collect to enhance Customers' experience through the delivery of information and services based on Customers' preferences. We also use this information to deliver relevant product or service information, to deliver renewal notices for time-based contracts, training and event information, to notify Customers of promotions and to provide support services. Financial information gathered when ordering products or services will be used to process payment and ship the product or service. At all times we use any Personal Information we receive only at the direction of the Client or otherwise in furtherance of the Client engagement.

Information Collection. Rainmaker Systems may collect Personal Information from Customers at several points. These include:

Rainmaker Systems may also collect Personal Information when Customers contact us with a question or concern about this Policy or about our Services. If Customers choose to provide Personal Information in this context, we will use it only to respond to your inquiry or otherwise as required by law.

As already noted, at all times we use any Personal Information we receive only at the direction of the Client or otherwise in furtherance of the Client engagement. In addition, we clearly notify Customers of the Personal Information we collect and allow them the right to "opt-out" of such collection.

Websites and Cookies. One of the services Rainmaker Systems provides is the hosting of Client-branded websites, landing pages or similar "mini-sites." Our own corporate site and some of those Client-branded sites or pages will utilize "cookies" and other tracking technologies. A "cookie" is a small text file that may be used for setting a key on your browser that links to the current state of your web session. The purpose of the cookie is to let us know when Customers visit our Client-branded site and other sites affiliated with the Client of which they are Customers, and to indicate which pages are visited. Some cookies and other technologies may be associated with Customers' Personal Information provided during an earlier visit.

Most commercially available internet browsers allow users to block cookies. However, doing so may limit your ability to access certain portions of these sites — for example, those sections of a site that require log-in/registration.

When visiting these websites, each file request is logged by our web server. The information gathered includes the name of the file requested, time of the request and the browser software and IP address of the machine requesting the file. We use these data to analyze trends, administer the sites, track site movement and gather non-individually identifying demographic information.

Transfer of Personal Information. Unless required by law, we do not disclose Personal Information to third parties other than our Clients except as expressly set forth in this section.

In order for us to provide Services to our Clients, we may supplement the Personal Information we receive with information from third party sources. For example, if a Customer requests to purchase a product using a corporate purchase order, we may use the Customer's business name and address to request a credit report. In order to maintain accurate records of Customers, we also may associate Personal Information we receive with records of existing Customers in our database, and update those records as needed. At times we may also contract the services of a third party to update Customer records with changes of address, phone number, email address, and other information. The third party uses this Personal Information only to provide the requested updates, and does not store, retain or use the Personal Information for any other purpose

Rainmaker Systems also shares Personal Information with intermediaries such as credit card companies, banks or fulfillment centers. Intermediaries serve solely as links in the distribution chain, and do not store, retain, or use this Personal Information for any secondary purpose other than to provide the contracted service. We also may share Personal Information with other contractors or service providers, who use the information solely to provide the requested service to Rainmaker Systems and for no other purpose.

Finally, we will disclose Personal Information as required to enforce or protect our legal rights with respect to a Client or Customer, or as required by court order, subpoena or other operation of law.

Access to Personal Information. Individuals seeking access to Personal Information that we receive from Clients should contact the Client directly. We would be happy to provide any interested Customer the applicable Client's name and contact information. Individuals seeking access to Personal Information that we have collected must contact our Privacy Officer as directed below. We will make reasonable efforts to provide the requested information promptly if it is still available to us, although we reserve the right to charge the requester for the cost (in time and expenses) of retrieval.

Security. We utilize reasonable protections to ensure that Personal Information in our care is not misused or accessed without authorization. Personal Information is stored on our own servers, with access restricted to those employees who have a need for such access to perform a legitimate business purpose relating to the Services or to maintenance, internal security or related issues. We use a variety of security technologies and procedures to help protect Personal Information from unauthorized access, use or disclosure. Any contractor whom we retain to provide services for us and who will have access to Personal Information must agree in writing to abide by the terms of this Policy.

Data Integrity. Rainmaker Systems only uses Personal Information that is necessary to perform the Services requested. Occasionally, a Client or Customer provides us with more Personal Information than is necessary for that purpose (for example, providing us with a name, street address and e-mail address, when only the name and e-mail address are necessary). In those cases, we employ automated programs (or manual procedures in the case of difficulty) that identify and utilize only those data that are needed. The rest remain secure and unused until destroyed or, if applicable, returned to the Client. We also only store Personal Information when specifically requested to do so by a Client or as part of our ordinary back-up, archiving process. Archived files are secured as with any other data and are destroyed on a regular cycle.

European Union Safe Harbor Compliance. To the extent that this Policy impacts Personal Information transferred from an E.U. nation to the United States, and as more fully detailed above, the Policy complies with all applicable Principles of the E.U.-U.S. Safe Harbor.

Review of Compliance. Rainmaker Systems will review its compliance with this Policy on an annual basis.

Enforcement. Concerns regarding our adherence to this Policy should be raised first with our Privacy Officer as directed below. In the event that our Privacy Officer cannot resolve a complaint or dispute arising from this Policy satisfactorily, Rainmaker agrees to submit to arbitration under the auspices of JAMS, pursuant to the JAMS Streamlined Arbitration Rules and Procedures. Rainmaker Systems expressly does not submit to the JAMS Class Action Procedures or to any similar class-action or group litigation or arbitration proceeding. For more information about JAMS, please see its website at www.jamsadr.com.

Rainmaker Systems' compliance with this Policy is subject to the ultimate authority of the United States Federal Trade Commission, to which complaints that are not adequately resolved through these avenues also may be directed.

Acquisition, Merger or Bankruptcy. In the event Rainmaker Systems, or any of its affiliates or subsidiaries, is acquired by another entity or merges with a third party, the successor entity will be bound to respect the provisions of this Policy with regard to any Personal Information subject to this Policy that is in the acquired or merged entity's possession prior to the acquisition or merger. In the event of bankruptcy, the provisions of applicable law will apply.

Privacy Officer/Questions. To contact our Privacy Officer or to address questions regarding Rainmaker Systems' privacy practices, please e-mail privacy@rmkr.com or call 800-631-1545. Letters may be sent to: Privacy Officer, 900 East Hamilton Avenue, Suite 400, Campbell, CA 95008.

 
» Scope
» Our Services
» Information Collection
» Websites and Cookies
» Transfer of Personal Information
» Access to Personal Information
» Security
» Data Integrity
» European Union Safe
  Harbor Compliance
» Review of Compliance
» Enforcement
» Acquisition, Merger or Bankruptcy
» Privacy Officer/Questions

 
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