Website Terms of Use & Privacy Policy

Website Terms of Use

The following terms and conditions shall govern your access and use of the websites operated by SmartBear Inc. and its affiliates (collectively, “SmartBear”), including smartbear.com, alertsite.com, automatedqa.com, softwareplanner.com, soapui.org, loadui.org, loaduiweb.org and codereviewer.org (each a “Website” and, collectively, the “Websites”), as well as your access and use of any services available on or through the Websites. The Websites may contain other proprietary notices, terms and conditions of use, and copyright information, the terms of which shall also govern your access and use of the applicable Website and services (such terms together with the terms below, the “Terms”). The Terms are a legal contract between you and SmartBear and, by using a Website or any services provided thereon, you agree that to be bound by the Terms. If you do not agree to all of the Terms, do not use any Website or any service. You agree that use of any Website or any service signifies that you have read, understood and agree to be bound by the Terms. SmartBear may make changes to any Website or services offered on the Websites, and SmartBear can change the Terms at any time by posting the updated Terms on the applicable Websites. Your continued use of the Websites or services after such changes have been posted means that you agree to the new Terms, even if you have not reviewed the changes. Therefore, you should check the Terms posted on the Websites periodically for updates and changes.

Use at Own Risk – Disclaimer of Warranties

ALL DATA PROVIDED ON THE WEBSITES AND ANY RELATED COMMUNICATIONS ARE PROVIDED ON AN "AS IS" BASIS FOR INFORMATION PURPOSES ONLY. IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Your use of the Websites and any services are at your own risk. None of the information or data on the Websites, including third party content has been verified or authenticated. Any such information or data on the Websites may contain technical inaccuracies or typographical errors. Information and data may be changed or updated without notice. SmartBear may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. SmartBear shall have no liability for any errors or omissions in such information or data, including third party content, whether provided by SmartBear or others.

No Confidential Information Accepted

SmartBear does not wish to receive, act to procure, nor desire to solicit, confidential or proprietary information from you through the Websites. Please note that any information or material divulged during chats, posted to newsgroups or sent to SmartBear will be deemed NOT to be confidential by SmartBear. By the submission of any information or material, you grant SmartBear an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree SmartBear is free to use any idea, concept, know-how or technique that you send to us or share with us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Software and Services

COPYING OR REPRODUCTION OF ANY SOFTWARE OR SERVICES RELATING TO, OR AVAILABLE THROUGH, THE WEBSITES TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Design/Layout

The design or layout of this smartbear.com website, or any other Website owned, operated, licensed or controlled is the property of SmartBear. Elements of the Websites are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Website may be copied or retransmitted unless expressly permitted by SmartBear.

Third Party Websites and Content

SmartBear makes no representations whatsoever about any other websites, products or services which you may access through the Websites. When you access another website, or a third party website from a Website, please understand that it is independent of SmartBear, and that SmartBear has no control over the content on that website. In addition, a link to a non-SmartBear website does not mean SmartBear endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Limitation of Liability

IN NO EVENT WILL SMARTBEAR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR RELATED TO USE OF THE WEBSITES OR SERVICES, OR ON ANY OTHER HYPER LINKED OR THIRD PARTY WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, HOWEVER ARISING, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright Obligations and Responsibilities

SmartBear products and services are governed solely by the agreements under which they are sold or licensed. Always check your software license and service agreements to make sure that neither you, nor your application, infringe the intellectual property rights of others. You must have the consent of the licensor or owner of the software before accessing or modifying it, if allowed.

Trademarks/Copyrights

The SmartBear and affiliate names, and all SmartBear and affiliate products and services referenced herein are either trademarks or registered trademarks of SmartBear and its affiliates. SmartBear has made every effort to supply trademark information about the company names, products and services mentioned on this website. All third party trademarks represented on this website may be the property of their respective owners.

Local Laws and Export Control

SmartBear controls and operates the Websites from its headquarters in the United States of America and the services, information and data on the Websites may not be appropriate for use in other locations. If you use the Websites or services outside the United States of America, you shall be responsible for following the applicable export/import control laws and all applicable local laws.

General

SmartBear prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of the Terms, as determined by SmartBear, will result in termination of your access to the Websites or services. Massachusetts law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern the Terms. Any disputes relating to these Terms or the Site will be heard in the state and federal courts located in the Commonwealth of Massachusetts. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. SmartBear’s failure to enforce any of the Terms is not a waiver of such term. The Terms are the entire agreement between you and SmartBear and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and SmartBear about the Websites. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of the Terms.

 

Privacy Policy

Thank you for visiting SmartBear Software Inc.’s (“SmartBear”) Internet website located at the URL: http://smartbear.com (“Site”). This Privacy Policy details certain policies implemented throughout SmartBear governing SmartBear’s use of personally identifiable information about users of our Site and users of our services and/or software that is available for download on this Site.

SmartBear complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personally identifiable information from European Union member countries and Switzerland. To learn more about the Safe Harbor program, please visit http://www.export.gov/safeharbor/.

For purposes of this Privacy Policy, “personally identifiable information” shall mean any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. The following applies solely to the extent that SmartBear collects personally identifiable information directly from individuals.

Privacy Policy Updates

Due to the Internet’s rapidly evolving nature, SmartBear may need to update this Privacy Policy from time to time. SmartBear will post any updated Privacy Policy on the Site at http://smartbear.com/privacy and post notice of the change so it is visible when users log-on for the first time after the change is posted so that you are always aware of what personally identifiable information we may collect and how we may use this information. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. SmartBear encourages you to review this Privacy Policy regularly for any changes. Your continued use of this Site and/or continued provision of personally identifiable information to us will be subject to the terms of the then-current Privacy Policy.

Information Collection and Use

You can generally visit our Site without revealing any personally identifiable information about yourself. However, in certain sections of this Site, we may invite you to participate in surveys, questionnaires or contests, contact us with questions or comments or request information, participate in chat or message boards, or complete a profile or registration form. Furthermore, we require you to complete a registration form to access certain restricted areas of the Site, to use certain services and when you download any software. Due to the nature of some of these activities, we may collect personally identifiable information such as your name, e-mail address, address, phone number, password, screen name, credit card information and other contact information that you voluntarily transmit with your on-line and in-person communications to us and personally identifiable information that you elect to include in your chat and message board postings.

If you use a forum on this Web Site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

We receive permission to post testimonials that include personally identifiable information prior to posting.

To facilitate product support, product development and improvement, product marketing campaigns as well as other services to you, the SoapUI 5.1.2 Software and newer versions may transmit to SmartBear application usage data regarding usage metrics such as which features are used and in which order and time of use with respect to the SoapUI 5.1.2 Software. The SoapUI 5.1.2 Software does not transmit, collect nor communicate any proprietary application data. SmartBear will not provide any information gathered in connection with the use of the SoapUI 5.1.2 Software to any third party except (i) as may be required by law or legal process, or (ii) to enforce compliance with its terms of use. A User may disable the transmission of this information at any time through the software’s settings menu.

Orders

If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date).

We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

We use your personally identifiable information to register you to use our services or download software or other content, contact you to deliver certain goods, services or information that you have requested, provide you with notices regarding goods or services you have purchased, provide you with notices regarding goods or services that you may want to purchase in the future, verify your authority to enter our Site, receive updates and improve the content and general administration of the Site, our software and our services.

In addition, we may collect information about the performance, security, software configuration and availability of our software on your servers and network in an automated fashion as part of the SmartBear software licensing.  If you have opted-in to receiving software updates automatically from SmartBear, the software may report to us, and we may collect, your IP address, operating system type and version, web server type and version, php version, database type and version, version of the services, modifications to any of the Software or services, website user statistics such as the number of nodes, number of users and number of comments. The foregoing information will be linked to your personally identifiable information and user accounts and we may use the foregoing information to better provide technical support to you and our customers and to improve our software and services.

If you subscribe to one of SmartBear’s software as a service offerings you agree that SmartBear may aggregate data and information relating to your usage of the service, which we may use to better provide technical support to you and our customers and to improve our software and services.

If you choose to contact us by e-mail, we will not disclose your contact information contained in the e-mail, but we may use your contact information to send you a response to your message. Notwithstanding the foregoing, we may publicly disclose the content and/or subject matter of your message, therefore, you should not send us any ideas, suggestions or content that you consider proprietary or confidential. All e-mail content (except your contact information) will be treated on a non-proprietary and non-confidential basis and may be used by us for any purpose.

Communications from the Site

Special Offers and Updates

We will occasionally send you information on products, services, special deals, and promotions. Out of respect for your privacy, we present the option not to receive these types of communications. Please see the “Choice and Opt-out” section of this Privacy Policy.

Newsletters

If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe from these types of communications. Please see the “Choice and Opt-out” section of this Privacy Policy.

Service-related Announcements

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email notification.

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

Customer Service

Based upon the personally identifiable information you provide us, we may send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.

Choice and Opt-out

We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information.

If you no longer wish to receive our communications, you may opt-out of receiving them at any time by following the instructions included in each communication, by going go to our Unsubscribe page, or by mail at 100 Cummings Center, Suite 234N, Beverly, MA 01915, USA.

You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Employment Opportunities

We provide you with a means for submitting your resume or other personal information through the Site for consideration for employment opportunities at SmartBear. Personal information received through resume submissions will be kept confidential. We may contact you for additional information to supplement your resume, and we may use your personal information within SmartBear, or keep it on file for future use, as we make our hiring decisions.

Children's Privacy

SmartBear recognizes the privacy interests of children and we encourage parents and guardians to take active roles in their child’s online activities and interests. This Site is not intended for children under the age of 13. SmartBear does not target its software, services or this Site to children under 13. SmartBear does not knowingly collect personally identifiable information from children under the age of 13.

Cookies and GIFs

We use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user’s hard drive containing information about the user. Cookies generally do not permit us to personally identify you (except as provided below). We may also use clear GIFs (a.k.a. “Web beacons”) in HTML-based emails sent to our users to track which emails are opened by recipients.

Additionally, when using the Site, we and any of our third party service providers may use cookies and other tracking mechanisms to track your user activity on the Site and identify the organization or entity from which you are using the Site. If you register with the Site, we, and our third party service providers, will be able to associate all of your user activity with your personally identifiable registration information. We will use such user activity information to improve the Site, to provide context for our sales and support staff when interacting with you and customers, to initiate automated email marketing campaigns triggered by your activity on the Site and for other internal business analysis.

Aggregate Information

The Site may track information that will be maintained, used and disclosed in aggregate form only and which will not contain your personally identifiable information, for example, without limitation, the total number of visitors to our Site, the number of visitors to each page of our Site, browser type, External Web Sites (defined below) linked to and IP addresses. We may analyze this data for trends and statistics in the aggregate, and we may use such aggregate information to administer the Site, track users’ movement, and gather broad demographic information for aggregate use.

Disclosure and Onward Transfer

We will not sell your personally identifiable information to any company or organization, except we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which SmartBear participates or to a purchaser or acquirer of all or substantially all of SmartBear’s assets to which this Site relates. We may provide your personally identifiable information and the data generated by cookies and the aggregate information to parent, subsidiary or affiliate entities within SmartBear’s corporate family, partner entities that are not within SmartBear’s corporate family and vendors and service agencies that we may engage to assist us in providing our services to you. For example, we may provide your personally identifiable information to a credit card processing company to process your payment.

SmartBear will comply with the notice and choice principles as described above for all data which is disclosed or transferred to third party entities. SmartBear will obtain assurances from such entities that they will safeguard personally identifiable information consistent with this Privacy Policy. Such third party entities may be obligated to protect your personally identifiable information by requiring such party to enter into written confidentiality agreements with SmartBear or to have certified or agreed in writing to its adherence with the EU Safe Harbor Principles. We will disclose your personally identifiable information (a) if we are required to do so by law, regulation or other government authority or otherwise in cooperation with an ongoing investigation of a governmental authority, (b) to enforce SmartBear Terms of Use agreement or to protect our rights or (c) to protect the safety of users of our Site and our services.

The Site may provide links to other Web sites or resources over which SmartBear does not have control (“External Web Sites”). Such links do not constitute an endorsement by SmartBear of those External Web Sites. You acknowledge that SmartBear is providing these links to you only as a convenience, and further agree that SmartBear is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

Security

We employ procedural and technological measures that are reasonably designed to help protect your personally identifiable information including sensitive data such as your credit card information from loss, unauthorized access, disclosure, alteration or destruction. SmartBear may use encryption, secure socket layer, firewall, password protection and other physical security measures to help prevent unauthorized access to your personally identifiable information including sensitive data. SmartBear may also place internal restrictions on who in the company may access data to help prevent unauthorized access to your personally identifiable information.

Updating and Deleting Personally Identifiable Information

SmartBear provides you with the ability to review and update the contact information that you provide to us and account information retained by SmartBear related to your previous purchase, download or payment activities. If you wish to review and/or update any of the foregoing information, you may access your account and review and update your personally identifiable information or you may contact us at the e-mail, phone or mailing address listed below.

SmartBear will also delete the personally identifiable information that you have provided to us: (a) upon your request or (b) upon termination of your SmartBear account; provided, however, SmartBear will retain a copy in its files of all personally identifiable information, if required for legal reasons.

If you wish to review, correct or request the deletion of any information you have provided to us, contact us by email at privacy@smartbear.com or by regular mail at 450 Artisan Way, Somerville, MA 02145, Attention: Legal.  We also gives you the option for changing and modifying information previously provided by visiting www.smartbear.com, where you can log into your account to update your contact information.

Enforcement

Individuals who wish to file a complaint or who take issue with this Privacy Policy should direct such communication to SmartBear via e-mail at the address provided above. SmartBear will explain the process to be followed when filing a complaint. Filing a complaint in English will expedite the process. SmartBear will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personally identifiable information in accordance with the principles contained in this Privacy Policy. For complaints that cannot be resolved between SmartBear and the complainant, complaints will be submitted to the JAMS for mediation and then if necessary, to binding arbitration for final resolution. SmartBear and you agree that JAMS will administer any mediation or arbitration proceeding and each party agrees to adhere to JAMS rules and administration.  Information about JAMS can be found at its website: www.jamsadr.com.

SmartBear is also subject to the jurisdiction of the US Federal Trade Commission. You may contact it at: Federal Trade Commission, Attn: Consumer Response Center, 600 Pennsylvania Avenue NW, Washington, DC 20580.

Questions

If you have any questions about this Privacy Policy, the practices of this Web Site, or your dealings with this Web Site or SmartBear, you can contact us by email at privacy@smartbear.com. We will respond to your request within 30 days.

Users Outside of the United States of America

Many of our computer systems are currently based in the United States, so your personal data will be processed by us in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create a user account with our Web Site as a visitor from outside the United States, by using the Site, you agree to this Privacy Policy and you consent to the transfer of all such information to the United States, which may not offer an equivalent level of protection of that required in the European Union or certain other countries, and to the processing of that information as described in this Privacy Policy.

This Privacy Policy is effective as of: March 11, 2015