KHORUS SOFTWARE, LLC PRIVACY POLICY

GENERAL INFORMATION

Khorus Software, LLC (“Khorus”) provides this Privacy Policy (“Privacy Policy”) to help you understand how we collect, use and disclose information, including personal information that you may provide to us or that we may obtain as our products and services are used. We may update this Privacy Policy from time to time, so please check back with us periodically. This Privacy Policy applies to www.khorus.com (“Website”) and to Khorus products and services (collectively, the “Products”) and Khorus online forums.

If you do not agree with this Privacy Policy, do not use this Website. BY USING THE PRODUCTS, ACCESSING THE SITE, AND/OR SUBMITTING ANY INFORMATION INTO THE WEBSITE, YOU PROVIDE KHORUS WITH THE CONSENT TO COLLECT, USE, DISCLOSE, TRANSFER, AND OTHERWISE PROCESS YOUR PERSONALLY IDENTIFIABLE INFORMATION. IF YOU DO NOT CONSENT TO SUCH PROCESSING OF YOUR PERSONALLY IDENTIFIABLE INFORMATION, THEN IMMEDIATELY CEASE USING THE PRODUCTS, ACCESSING THE WEBSITE, OR SUBMITTING ANY FURTHER INFORMATION INTO THE WEBSITE. 

As used in this Privacy Policy, “Personal Information” is defined to include information that alone or when in combination with other information may be used to readily identify, contact, or locate you or a specific individual such as your name, business or residential address, email address, telephone numbers and similar information.

INFORMATION PROVIDED TO OR COLLECTED BY KHORUS

Khorus collects Personal Information that is provided by: (a) users of the Products (“User”), and (b) visitors to the Website including but not limited to prospective customers or employees that submits an inquiry via online forums, tickets, inquiries at trade shows, or direct contacts with our representatives (collectively, “Visitors”). Khorus’s Website and Products are not intended for use by children under the age of 13. Khorus will not knowingly collect personal information from children and will delete such personal information upon discovery.

By accessing the Website and/or using the Products, you consent to collection and use of the following types of Personal Information by Khorus: name, telephone number, company name, company address, job title, email address, IP address, browser type, physical address, and related personal information that you voluntarily provide to Khorus. As a Visitor to the Website and/or User of the Products, You represent to Khorus that you have any and all authorizations necessary to use the Website and/or Products including disclosing any and all Personal Information. You acknowledge that the collection and processing of such information is necessary for the performance of services, licensing of Products, and/or responding to your inquiries related thereto by Khorus for a User or Visitor. 

Also, Khorus may collect non-Personal Information from Visitors or Users for our internal purposes to develop, tune, enhance, and improve our products and services, and for advertising and marketing consistent with this Privacy Policy. By using Khorus Products and services and accessing the Website, you acknowledge, consent and agree that Khorus may collect, process, and use the Non-Personal Information that you provide to us and that such information shall only be used by Khorus to develop, tune, enhance, and improve Khorus products.

LIMITED USE AND DISCLOSURE OF INFORMATION

Khorus may use information, including Personal Information, provided by or collected from a User of the Products and/or Visitor of the Website in several ways:

Khorus may use Personal Information for various purposes included but not limited to: (a) provide, maintain, and improve the Products; (b) provide and deliver the Product, technical support, and/or services that a User orders, process payments related thereto, and send a User related information including confirmation and invoices; (c) set up a User’s account and resolve technical issues related to use of the Products, and send a User communications related to updates, security alerts, and related administrative messages; (d) respond to a User’s or a Visitor’s communications and inquiries; ( e) communicate or offer new products, services, offers, evaluations trials, surveys, invitations for events or seminars, and promotions offered by Khorus and others; (f) link to or combine with information we get ferom others to help understand your needs and provide you with better service, where permitted by applicable law; and (g) carry out any purpose compatible with the purpose for which the Personal Information was collected.

In addition, Khorus may observe your activities, preferences, and transactional data as well as related usage behavior related to the Products and Website. We may use this data for any purpose unless we tell you otherwise in connection with a particular Website or Product. While we may collect or log this information, we do not identify you or match this non-Personal Information with your other Personal Information unless if necessary to better respond to a request you have made. Where such non-Personal Information is linked to your Personal Information we will treat such information as Personal Information. For information about the Khorus Product please see specific privacy notices directed to such products.

Khorus may also use your Personal Information when you make purchases, seek customer or technical support or otherwise interact with Khorus. When you buy direct from Khorus, these purchase transactions may be facilitated through Khorus vendors and suppliers; provided that, Vendors and suppliers that have access to your Personal Information will be subject to this Privacy Policy, contractual restrictions, and applicable law. Khorus (through its vendors or suppliers) may limit the acceptance of orders to particular jurisdictions and as permitted by applicable law. You may also make purchases of Khorus Products; seek customer or technical support through Khorus’s distributors or service providers. In these circumstances, the collection of your Personal Information may occur directly by a third-party subject to the third party’s specific privacy policy or policies governing the collection of such information. Certain promotions, contests or sweepstakes may be run by a third party. In these instances, the collection of your Personal Information may occur directly by the service provider or vendor or a third-party partner on their website.

Khorus is a U.S. based company and you acknowledge that your Personal Information may be transferred to and/or stored at our offices or on servers and those of our service providers, which are located in the U.S. We have implemented reasonable and adequate protections in accordance with this Privacy Policy to safeguard the security and privacy of your Personal Information. By using the Website, using the Product, or otherwise providing Personal Information to Khorus, you consent to the collection, processing, transfer, and use of your Personal Information in and to the U.S. in accordance with this Privacy Policy.

In addition, we may also share your Personal Information with following partners, suppliers, service providers, and authorized third parties (“Service Providers”) in the situations listed below. You expressly acknowledge and consent to Khorus disclosure and/or transfer of your information, including Personal Information, solely for the purposes listed below:

  1. Service Providers. Khorus works with many Service Providers as necessary to provide the Products and related services to Users. To the extent it is necessary for these Service Providers to provide their products and services to us and provide products and services you have requested, these third parties may have access to or process your Personal Information. Khorus may also sometimes permit our authorized service providers to have access to pseudonymized, aggregated statistics about our Users, sales, traffic patterns, and related Website or Product information. These transfers of aggregate statistics do not involve Personal Information and are not subject to this Privacy Policy.
  2. Recruitment and Job Applications. Residents of the U.S. may provide Khorus with information, including Personal Information, through our Website. Personal information such as that contained on a resume or curriculum vitae may be submitted in connection with a job application or inquiry. We may use this information throughout Khorus (worldwide) for the purpose of employment consideration or your inquiry. We may keep your Personal Information on file for future consideration. To the extent that any such Personal Information is provided by a Visitor on our Website, such Personal Information will be subject to this Privacy Policy.
  3. Enabling Services. Khorus offers a variety of services and functions through its Websites (“Khorus Services”). Personal Information that is collected through a Website may be used and/or disclosed to Service Providers in order to enable us to provide Khorus Services. For example, the Khorus Website may allow a User to interface their licensed Product with a third party website or application. To facilitate that connection, you consent that Khorus may use, disclose, and otherwise transfer your Personal Information and/or disclose your Personal Information to such third parties; provided that such third parties maintain adequate privacy and security protections.
  4. Public Areas. Any information posted by Users in public areas of a Khorus Website or to the extent possible in a Khorus Product or other website (Facebook, YouTube, Twitter, etc.) will become non-proprietary and non-confidential public information. We cannot control the use of information disclosed in public forums, such as forums, bulletin boards, blogs, chat rooms, and or via the networking functions of mobile-device social media applications. You should exercise caution when disclosing information in these public areas, and be careful how you disclose your Personal Information. Content posted in public areas of the Khorus Website or Khorus Products, including advice and opinions, represent the views and is the responsibility of those who post the content. Khorus does not endorse, support, verify, or agree with the content posted.
  5. Mergers, Acquisitions, and Insolvency. If Khorus should ever file for bankruptcy or merge with another company, or if Khorus should decide to buy, sell, or reorganize some part or all of its business, Khorus may disclose, transfer, and otherwise use your Personal Information to prospective or actual purchasers in connection with one of these transactions; provided that such third parties maintain adequate privacy and security protections.
  6. As Required by Law. Khorus may be required to disclose your information, including Personal Information, if it: (i) believes it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority, (ii) would potentially mitigate our liability in an actual or potential lawsuit, (iii) is otherwise necessary to protect our rights or property, or (iv) is necessary to protect the legal rights or property of others.

Other than these instances, Khorus will not use or disclose your information, including Personal Information, except when we have your consent.

SECURITY

We have implemented physical, administrative, and technical safeguards designed to protect your Personal Information from unauthorized access, loss, misuse, and alteration of the information under our control. We recommend you take every reasonable precaution in protecting your personally identifiable information and minimizing the disclosure thereof. You acknowledge that disclosure of your sensitive Personal Information as defined under applicable law, is not required to use the Website or Products, and such a disclosure by Visitor or User may constitute a violation of Khorus’s Terms of Service.   

The Website and/or Service may provide links to third-party sites we believe may be of interest to you. These third-party sites are beyond Khorus’s control and you are advised to check their applicable privacy policies before providing your Personal Information to them.

LINKS TO THIRD-PARTY WEBSITES AND CO-BRANDED WEBSITES

This Website or Khorus Product may contain links to third-party websites, however, please be aware that Khorus is not responsible for and cannot control the privacy practices of these other websites. We encourage you to read the privacy policies for these other websites, as they may differ from ours. This Website or Product also contains links to co-branded websites that may display Khorus’s logo and trademarks but which are maintained by third parties. Such websites may be identified by the fact that they do not display a “Khorus.com” URL. Please read the privacy policy on the co-branded website for the applicable privacy practices relating to personal information collected via that website, as it may differ from this Privacy Policy.

This Privacy Policy applies solely to information collected by Khorus on its Website, its forums, or through the Products.

ENFORCEMENT AND MORE INFORMATION

Your decision to provider personally identifiable information to Khorus is voluntary; provided that, if you do not provide the personally identifiable information requested, you may not be able to proceed with the Service or activity for which the personally identifiable information is being requested. Where required by law, Khorus will offer you the opportunity to opt in before promotional materials are sent to you. This will not apply to other mandatory communications that are considered part of the Products, which you may receive periodically unless you cancel the Products. In all other instances, you can always unsubscribe or choose not to receive promotional information from us by following the specific instructions in the email you receive or by contacting us. 

Khorus strives to keep your Personal Information accurate and updated. As such, we will provide you with access to your information when reasonable or in accordance with relevant laws, including making a reasonable effort to provide you with a copy of such Personal Information for your review. We may take steps to verify your identity before granting access or making changes to your personally identifiable information to ensure the privacy and security of your Personal Information

Requests to delete Personal Information are subject to applicable legal, accounting, reporting, and/or other documentation retention obligations and we may retain your personally identifiable information to comply with such requirements for a reasonable period of time. To review and/or exercise your rights under applicable law with respect to such personal information, please contact us. In addition, Visitors and Users may unsubscribe from future communications from Khorus by sending an email to privacy@khorus.com.

When Khorus receives formal written complaints, it is Khorus’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Khorus and an individual.

CHANGES TO THIS PRIVACY POLICY BY KHORUS

If in the future we change our Privacy Policy, we will post the new Privacy Policy on this Website. We reserve the right to change this Privacy Policy in the future. Your continued use of this Website or Khorus Product following a change in the Privacy Policy represents consent to the new Privacy Policy to the fullest extent permitted by law. We encourage you to periodically review this Privacy Policy.

CONTACTING KHORUS

If you have any questions, comments, or concerns about this Privacy Policy, please email us at privacy@khorus.com or write to us at: 

Khorus Software, LLC

8012 Bee Caves Rd

Austin, TX 78746

USA

Attn:  General Counsel

Updated: May 25, 2018