Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:
“Customer” refers to those persons or entities that have contracted with Promoter.io to use the Services with Customer End Users.
“Customer End Users” refers to those clients and/or end users of the applicable Customer.
"Promoter.io" refers to our company, known as "Promoter.io Inc."; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
"Service" refers to the services that we provide through our Site, including our customer insight services and our Site itself;
"Site" refers to our website, www.promoter.io;
"User" refers to anyone who uses our Service, including Customers, Customer End Users, and general visitors to our Site;
As you navigate the Service, we may also collect information through the use of commonly-used information-gathering tools, such as cookies and web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Service (such as the web pages viewed and the links clicked).
Through our import process, we may also collect information provided by Customers, such as the name, company name, address, phone number, email address, revenue, account data, etc of Customer End Users that you choose to share with us. When you provide us with personal information about your Customer End Users, we will only use this information for the specific reason for which it is provided, such as to add new records to your account, or as agreed in the applicable agreement with Customer.
Whenever you visit our Site, we may collect non-identifying information from you, such as your referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
We may use your information to:
Promoter.io’s Customers may electronically submit Customer End User Data. Promoter.io will not review, share, distribute, or reference any such Customer End User Data except as provided in Promoter.io’s applicable agreement with Customer, or as may be required by law. Promoter.io acknowledges that Customer End Users have the right to access their personal information. If personal information pertaining to a Customer End User has been submitted to us by a Customer and a Customer End User wishes to exercise any rights it may have to access, correct, amend, or delete such data, Customer End User should inquire with the Customer directly. Because Promoter.io personnel have limited ability to access data our Customers submit to the Service, if a Customer End User wishes to make a request directly to Promoter.io, please provide the name of the Customer who submitted your data to the Service. We will refer your request to such Customer and will support them as needed in responding to your request.
We process personal data both as a Processor and as a Controller, each as defined in the EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (the “Directive”) and the General Data Protection Regulation (“GDPR”). The Customer which Customer End Users provided personal data to, with the assistance of the Service, will be the Controller for Customer End User Data. We will be the Processor of Customer End User Data. For Customer personal data, we will be the Controller.
Promoter.io has a Data Protection Officer (as defined in the Directive and GDPR) who is responsible for matters relating to privacy and data protection. Our Data Protection Officer can be reached as follows:
Attn: Data Protection Officer
110 E Houston St, 6 th Fl
San Antonio, TX 78205
Customers may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
Promoter.io may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues by Promoter.io, and you release us from any liability for the conduct of these third party websites.
Although you are entering into an Agreement with Promoter.io to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.
Without limiting the generality of the foregoing, you authorize us to collect, store, share, and otherwise use your information in conjunction with:
At times it may become necessary or desirable, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
We take certain measures to enhance the security of our Site and Service, including using SSL certificates and vulnerability scanning. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our Site secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
In compliance with the Privacy Shield Principles, Promoter.io, Inc. commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Private Shield policy should first contact Promoter.io, Inc. at: firstname.lastname@example.org
Promoter.io is responsible for the processing of Personal Information it receives under the Privacy Shield Framework and subsequently transfers to a third party acting as an Agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions. Under certain circumstances, Promoter.io may bear liability for onward transfers of personal information where its Agent processes personal information inconsistent with the EU-U.S. Privacy Shield Principles, unless Promoter.io proves that it is not responsible for the event giving rise to the damages.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In the event that personal information is (i) to be disclosed to a third party that is not acting as an agent to perform task(s) on behalf of and under the instructions of Promoter.io or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized, you may opt out by contacting us at email@example.com .
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider JAMS (free of charge to you) at https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim.
Under certain conditions, more fully described on the Privacy Shield website, https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Last Modified: October 1, 2018
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
Promoter.io is a B2B Software as a Service ("SaaS") platform. Our Service helps companies gather actionable customer insights and build strong brand advocates using the Net Promoter System (NPS). These customer champions, or Promoters, are intended to drive referral growth and offer recommendations to spur profitable growth.
Anyone can use our Service provided that they have the need to measure customer loyalty and/or sentiment in some form, and that they are otherwise eligible to use our Service in accordance with this Agreement and any applicable laws.
In order to use our Service, you must meet a number of conditions, including but not limited to:
Our Service is intended to improve your business, but results may vary. You agree that you are solely responsible for determining whether our Service will benefit you, and to release Promoter.io from any loss arising from or relating to your use of our Service.
You agree that you will not:
Payment for our Service is conducted on a monthly billing basis via credit card through our third party payment provider, Stripe. Unless otherwise stated, all prices are listed in United States dollars.
We offer a no hassle, 30-day money back guarantee on any plan. To request a refund, please e-mail firstname.lastname@example.org.
Promoter.io may make discounts or coupons available to Users. Promoter.io may refuse to honor such discounts or coupons for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
Where a User conducts a chargeback against Promoter.io, that User shall be liable to Promoter.io for the full amount of the chargeback as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by Promoter.io in its enforcement of its rights under this section.
Where a credit card is declined for any reason (including but not limited to expiration, insufficient credit, or precautionary anti-fraud measures), Promoter.io reserves the right to delete the relevant User’s account data and terminate their access to our Service without notice. Without prejudice to any of Promoter.io’s rights under this section, Promoter.io may choose to first contact the relevant User and give them an opportunity to correct the failed payment issue prior to engaging in such a deletion.
As a SaaS, Users agree that Promoter.io may be unavailable at times. Reasons for such unavailability may be related to security, technical, or legal issues. You agree that Promoter.io is not required to inform you of any such periods of unavailability even if anticipated or planned by Promoter.io, and release us from any liability relating to such unavailability. Without limitation on the generality of the foregoing, Promoter.io shall generally attempt to inform its Users of such planned or anticipated periods of unavailability prior to their occurrence unless there is good reason not to do so.
Promoter.io must preserve the uniqueness of its content in order to distinguish itself from its competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
Promoter.io must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, gathered customer data, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us, to the extent that is necessary to provide you with our Service. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same. In limitation of the foregoing, the customer information that Users gather will not be used by Promoter.io for any marketing activities.
"Promoter.io" is a trademark used by us, Promoter.io Inc., to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service.
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the laws in force in the State of Texas. The offer and acceptance of this contract are deemed to have occurred in the State of Texas.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Texas. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest court of competent jurisdiction in the State of Texas ("Small Claims Court").
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Promoter.io shall have the sole right to elect which provision remains in force.
Promoter.io reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time you use our Service and your continued use of our Service shall constitute your acceptance of any such amendments.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Promoter.io must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to email@example.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: October 1, 2018