AuditPRO Privacy Policy

Last updated November 16, 2018  

Thank you for choosing to be part of our community at Wastestrategies, LLC, doing business as AuditPRO (“AuditPRO”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at info@wastestrategies.com. 

When you visit our website http://portal.auditpro.com, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites and our services. 

This privacy policy applies to all information collected through our website (such as http://portal.auditpro.com), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the "Services").

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.  

1. WHAT INFORMATION DO WE COLLECT? 

Personal information you disclose to us 

In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, and payment information.

We collect personal information that you voluntarily provide to us when expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect can include the following:

Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.  

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.  

Information automatically collected 

In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

2. HOW DO WE USE YOUR INFORMATION?

In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.  

We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below. 

We use the information we collect or receive:  

• To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.   
• For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.                             

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.   

• Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose. 
• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests. 
• Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract. 
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements). 
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations: 

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.  

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:  We may use cookies and other tracking technologies to collect and store your information.  

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.     

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.   

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than 2 years .  

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. DO WE COLLECT INFORMATION FROM MINORS?

In Short:  We do not knowingly collect data from or market to children under 18 years of age.  

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at mharvey@wastestrategies.com.  

7. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You may review, change, or terminate your account at any time.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm  

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services  visit  http://www.aboutads.info/choices/ .   

8. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy.

9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.   

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. 

If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.

10. DO WE MAKE UPDATES TO THIS POLICY?

In Short:  Yes, we will update this policy as necessary to stay compliant with relevant laws.  

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

11. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you can submit a support request using the help icon in the lower right of the screen indicating Policy Request as the reason for your request and our suport staff will contact you.

AuditPRO Subscription Services Agreement Terms and Conditions

1. Definitions - The following definitions shall apply to the terms and conditions of your subscription:

   “Subscriber” As used herein “Subscriber” refers to either (a) end‐user AuditPRO Subscriber who purchases the AuditPRO Subscription Services described in this Agreement directly from AuditPRO or from an authorized AuditPRO reseller or distributor.
   “AuditPRO portal” means the web portal available on‐line to Subscribers for which subscription services can either be purchased or renewed and from which services can be accessed.
   “Subscription Services” means the individual service or set of services (such as service suites) to be provided by AuditPRO to Subscriber pursuant to the terms of this agreement.
   “Support” means services that AuditPRO provides to ensure that Subscriber has continuous access to features, functionality and data under the scope of Subscription Services and any revisions thereto for the duration of any paid Term of Subscription.
   “Software” means one or more AuditPRO software products or programs provided to Subscriber by AuditPRO in connection with the applicable elements of the Subscription Services.
   

2. AuditPRO Subscription Services: Pursuant to the terms of this Service Agreement (this “Agreement”), AuditPRO will provide the AuditPRO Subscription Services, including the AuditPRO Portal, and Support described in this Agreement to Subscriber within the United States. In connection with the AuditPRO Subscription Service, AuditPRO may license to Subscriber certain Software. Part of the Subscription Services may be provided by third parties selected by AuditPRO. Subscriber hereby acknowledges and agrees that the Subscription Service is offered by AuditPRO with the condition that Subscriber accepts without modification the terms and conditions set forth herein. Subscriber’s acceptance of these terms and conditions will be deemed to occur upon Subscriber’s purchase of the Subscription Services. AuditPRO may, at its discretion, change the terms of this Agreement from time to time without notice to Subscriber. In the event of any conflict between this agreement and any Service Descriptions, the terms and conditions of this Agreement shall control.
3. Charges: Subscriber will pay for the applicable Subscription Service at the time such service is purchased from AuditPRO or an authorized AuditPRO reseller or distributor. Subscriber will pay all applicable taxes.
4. Subscriber Representations: By purchasing the Subscription Services, Subscriber hereby represents that: (i) it has the legal right, capacity and authority to enter into this Agreement with AuditPRO and be legal bound by the terms and conditions herein; (ii) any and all information provided by Subscriber to AuditPRO or authorized AuditPRO resellers and distributors in connection with the Subscription Services, including personal information (such as name, address, credit card number, expiration date, email account, etc.), is true, accurate and complete, and any change to such information will be promptly informed to AuditPRO; (iii) the Subscription Services are purchased for Subscriber’s use, not for resale, redistribution or otherwise share with other parties or entities; (iv) it shall not engage in inappropriate use with respect to the purchased Subscription Services.
5. Service Requirements: Subscription Services are provided based on the assumption that Subscriber meets certain requirements. With respect to Subscription Services that can only be delivered remotely, Subscriber’s PC must be able to “boot to desktop” and it is Subscriber’s responsibility to have adequate Internet connection as required for AuditPRO to provide the service. If diagnostic software is used as part of the Subscription Services, the products to which the service is provided will be configured in accordance with AuditPRO’s instructions. During the Term, Subscriber must maintain a valid email account to receive notices and other information regarding the Subscription Service. Even if all the Service Requirements are met, the Subscription Service purchased by Subscriber may not be available at all times.
6. Warranty: SUBSCRIBER AGREES AND ACKNOWLEDGES THAT THE SUBSCRIPTION SERVICES ARE PROVIDED BY AuditPRO ON AN “AS IS” BASIS. AuditPRO DOES NOT PROVIDE ANY WARRANTY WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AuditPRO SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
7. Eligibility: Unless otherwise specified, AuditPRO subscription services will only be provided to Subscribers located in the US. AuditPRO does not provide Subscription Services to Subscriber not located in the US.
8. Intellectual Property Rights: Subscriber will not gain by virtue of this Agreement any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by AuditPRO. AuditPRO will retain exclusive ownership in all services deliverables created hereunder and will own all intellectual property rights, title and interest in any ideas, concepts, know how, documentation or techniques developed under this Agreement. AuditPRO grants Subscriber the right to use the services deliverables solely for Subscriber’s authorized employees.
9. Ownership of Data: Subscriber is the owner of data that it inputs into the AuditPRO portal as well as the determinations resulting from the Audit Pro analysis of subscriber’s data. AuditPRO will maintain the subscriber’s data for a period of three (3) years from the date when the subscriber terminates service. After that date, the data will be purged from AuditPRO systems. AuditPRO reserves the right to access the data and AuditPRO work product collected strictly for use by AuditPRO for statistical analysis.
10. Confidentiality: Subscriber agrees that Subscriber shall treat the design and performance of the Subscription Services that are accessible to Subscriber only via password protected access and any documentation or materials we make available to Subscriber under this agreement as confidential and shall not disclose them to any third party except in the furtherance of the parties’ business relationship with each other. If Subscriber is a government customer, this Section is subject to the requirements of applicable trade secret, public records, and similar laws. Neither party shall make any public statement concerning the terms or our business relationship as provided in this agreement without the other party’s prior written consent.
11. Limitations of Liability and Remedies: To the extent AuditPRO is held legally liable to Subscriber, AuditPRO's liability is limited up to the maximum of the purchase price paid by Subscriber under this Agreement for the Services at issue. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE SUBSCRIBER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL AuditPRO, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS, RESELLERS, OR DISTRIBUTORS BE LIABLE FOR LOSS OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.
12. Limitations ofService:
    1. AuditPRO does not support or provide service to any non‐supported software unless otherwise agreed by AuditPRO.
    2. Unless specifically stated, AuditPRO does not support or provide service to any network or Internet connectivity matters of Subscriber.
    3. AuditPRO is not responsible to provide services that, in the reasonable opinion of AuditPRO, are required due to Subscriber’s inappropriate use of the PC or the software applications. Additional fees at rates then in effect at the time of loss shall apply.
    4. AuditPRO is not responsible to provide services that, in the reasonable opinion of AuditPRO, are required due to unauthorized attempts by non‐AuditPRO personnel to install, repair, maintain, or modify software provided by AuditPRO. Additional fees at rates then in effect at the time of loss shall apply.
    5. AuditPRO is not responsible to provide services that, in the reasonable opinion of AuditPRO, are required due to Subscriber’s unauthorized modifications made to software. Additional fees at rates then in effect at the time of loss shall apply.
13. Subscriber Responsibilities: The Subscription Service covered by these Terms and Conditions, confirmation of payment and relevant instructions on how to access the applicable services will be communicated to Subscriber via e‐mail. In addition, Subscriber must;
    1. Ensure that the purchased Subscription Service is registered to and accessed only by authorized users. AuditPRO reserves the right to terminate any Subscription Service if such service is found to have been used by unauthorized users.
    2. Be responsible for the management and protection of the unique access number(s) to the purchased Subscription Service's to prevent any fraudulent use by other users.
    3. Use all reasonable efforts to support and cooperate with AuditPRO in connection with the Subscription Services, including without limitation, to provide all information necessary for AuditPRO to deliver the services timely and to enable AuditPRO to determine the level of support eligibility. Subscriber acknowledges that AuditPRO’s ability to deliver this service is dependent upon the Subscriber’s full and timely cooperation with AuditPRO, as well as the accuracy and completeness of any information and data provided to AuditPRO by Subscriber.
    4. Acknowledges that Subscriber has no ownership interest in software provided by AuditPRO, if any, and will cooperate with AuditPRO to remove these programs upon completion of the applicable service.
14. Transfer of Service: Subscription Services provided in connection with this Agreement may only be transferred with AuditPRO’s prior written consent.
15. Term: This agreement will begin on the date of initial purchase of the Service and shall continue until either it expires or is terminated by either party pursuant to this Agreement (the “Term”).
16. Governing Laws: Any disputes arising in connection with this Agreement will be governed by the laws of the State of Maryland. The courts of the State of Maryland shall have exclusive jurisdiction over any disputes related to this Agreement.
17. Entire Agreement: The terms and conditions of this Agreement, together with the applicable terms, conditions or agreements between Subscriber and AuditPRO’s resellers or distributors and the applicable Service Datasheet if any, constitute the entire understanding between the parties relating to the provision of services described herein and will supersede any previous communication, representation or agreement whether oral or written. Subscriber's additional or different terms and conditions will not apply. Subscriber's acceptance of this Agreement is deemed to occur upon Subscriber's purchase of service. No change of any of the terms and conditions will be valid, unless in writing signed by an authorized representative of each party.
18. Miscellaneous:
    1. Independent contractors. AuditPRO and Subscriber are independent contractors for all purposes regarding this agreement. Subscriber does not have any agency, franchise or fiduciary relationship with AuditPRO under this agreement.
    2. No third-party beneficiaries. This agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this agreement.
    3. Assignment. Subscriber may not assign this agreement. AuditPRO may assign this agreement to our Affiliates.
    4. Severability. If a court holds any provision(s) of this agreement to be illegal, invalid or unenforceable, the rest of this agreement will remain in effect and this agreement will be amended to give effect to the eliminated provision to the maximum extent possible.
    5. Waiver. A waiver of any breach of this agreement is not a waiver of any other breach. Any waiver must be in writing and signed by an authorized representative of the waiving party.