Website Privacy Statement
We, Pivotal Systems, explain in this Privacy Statement how we collect and use personal data from visitors of our web and mobile sites (if any) that link to this Privacy Statement (collectively “Sites”). This Privacy Statement does not apply to data we collect otherwise, such as offline or with products that we sell, unless we expressly declare in writing that this Privacy Statement shall also apply to such other data.
Actively Submitted Data If you call us, send us an email or fill out a form on one of our Sites, you will know what information you provide because you will actively submit it to us. We use such information to respond to your request or otherwise communicate with you or assist you.
Passively Provided Data When you access our Sites, you automatically provide certain information from and about your computer or mobile device, including the activities you perform on our Sites, the type of hardware and software you are using (for example, your operating system or browser), information stored in cookies, IP address, access times, the web pages from which you came, the regions from which you navigate the web page, and the web page(s) you access (as applicable). We use tracking technology (including “cookies”) on the Sites to customize and improve the Sites. We use such information to better understand interests of website visitors, customers and prospects and to improve our Sites, services and products. We do not currently respond to “do not track” signals of web browsers.
Data Sharing
We do not rent, sell or otherwise share personal data, except as follows:
- We use affiliated and unaffiliated service providers that help us process personal data to deliver services and run our business subject to strict confidentiality agreements.
- We may disclose your personal information to (a) comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process; (b) to protect and defend the rights or property of us or third parties, including enforcing agreements, policies, and terms of use; (c) in an emergency, including to protect the safety of our employees or any person; or (d) in connection with investigating or preventing fraud.
- We may share your personal data for the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
- With your consent.
We also freely use and share aggregated and redacted information that cannot be used to identify you individually.
Data Security
We use anti-virus software and firewalls to reduce the risk of unauthorized access to personal data. No data transmission over the Internet or any wireless network is entirely secure. Be mindful of security risks when you transmit personal data to us.
Effective Date and Changes
We may make changes, including material changes, to the Privacy Statement, from time to time. You should review the Privacy Statement each time you visit our Sites to learn of any changes. If you continue to use the Sites after we update this Privacy Statement, you accept our changes.
If you have questions about our Privacy Statement, please contact us at:
Legal
Pivotal Systems
48389 Fremont Blvd. Suite 100
Fremont, CA 94538
This Privacy Statement is effective April 2024.
Terms of Use
These Terms of Use (“Terms”) are a legal agreement between you and Pivotal Systems and govern your use of this Website as a visitor. Use of, posting of information to, and access to this Website are subject to your compliance with these Terms, so please read them carefully before using this Website.
Pivotal Systems reserves the right to limit or terminate your access to this Website for failure to comply with the terms and policies posted on this Website, including these Terms, or for any reason at any time.
BY ACCESSING AND USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION ON THIS WEBSITE IN ANY MANNER.
Modifications to These Terms
Pivotal Systems may change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website, following the posting of any changes, will signify your acceptance of those changes.
Changes to This Website
In an effort to continually improve this Website and its usefulness to you, we may add additional services or make changes to existing services. If Pivotal Systems makes such changes, these Terms shall apply to the new services and to any changes to existing services.
Privacy Policy
Pivotal Systems respects your desire for privacy and takes care to protect the personal information you provide us. Pivotal System’s privacy policy can be found at www.pivotalsys.com/privacy-terms-conditions. By using this Website, you are consenting to the terms of our privacy policy. Pivotal Systems has security measures in place to protect the loss, misuse, and alteration of the information under Pivotal Systems’ control. These security measures are described in our privacy policy. Although Pivotal Systems has taken the steps described in our privacy policy to ensure that your personal information is delivered and disclosed only in accordance with our privacy policy, Pivotal Systems does not guarantee that the personal information you provide will not be intercepted by others and decrypted.
Content
All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code (“Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of such Content, contained on this Website is owned, controlled, or licensed by Pivotal Systems. All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular Content (e.g., License Agreement, Terms of Service, etc.), Pivotal Systems hereby grants you limited permission to use the Content subject to these Terms, as long as the use of such Content is solely for your personal, non-commercial informational use. Unless expressly permitted in an applicable agreement or on the Content itself, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Pivotal Systems and/or the appropriate owner. Also, you may not “mirror” any Content contained on this Website or any other server without Pivotal Systems’ express prior written consent.
No Unlawful or Prohibited Use
While using this Website, you may NOT do the following:
- Restrict or inhibit any other user from using and enjoying this Website
- Use the “Pivotal Systems” name, domain names, trademarks, logos, or insignia in your user or screen name, or in any other manner, that would imply that you work with or are affiliated with Pivotal Systems
- Pretend that you are, or that you represent, someone else or impersonate any other person or entity
- Use the Website to generate traffic for other sites
- Infringe the intellectual property rights or similar rights, including but not limited to copyrights, trademarks, and patents, of any person or entity
- Upload, post, publish, reproduce, transmit, or distribute in any way any component of this Website itself or derivative works with respect thereto without Pivotal Systems’ prior written consent, as this Website is protected under the State of California and international copyright laws
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or Pivotal Systems’ systems or networks, or any systems or networks connected to this Website or to Pivotal Systems
- Use any robot, spider, scraper, or other automated means to access this Website or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines
- Post or transmit any information or software that contains a virus, Trojan horse, worm, or other harmful component
- Post or transmit any information, file, or software that contains, but not limited to, a virus, Trojan horse, worm, adware, spyware, crimeware, online graffiti tagger, dropper, rootkit, keylogger, bot, or any other harmful software program or program element
Links to third party websites and services
In attempting to provide you with comprehensive and useful resources, this Website may contain links to third-party websites, which are not under the control of Pivotal Systems. Pivotal Systems is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. Pivotal Systems is providing these links to you only as a convenience, and the inclusion of any link does not imply that Pivotal Systems endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site. In connection with your use of this Website, you may be made aware of services, products, offers, and promotions provided by third parties, and not by Pivotal Systems. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not Pivotal Systems, is responsible for the performance of the third-party services or products.
No duty to monitor
Pivotal Systems shall have the right, but not the responsibility, to monitor and/or remove Website content that is provided by others. While some communities and other areas may be monitored for relevance, we have no obligation to prescreen any content and are not responsible for the posting of such content. We reserve the right to refuse to post, to edit submitted content, and to remove content for any reason. Further, Pivotal Systems is not responsible for any failure or delay in removing content.
Procedure for Making Claims of Copyright Infringement
At Pivotal Systems, we respect the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report possible copyright infringement. When contacting us, please provide Pivotal Systems’ copyright agent with the following information:
- A full description of the copyrighted work or other intellectual property that you claim has been infringed
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- A description of where the material that you claim is infringing is located on this Website
- Your name, address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf
Pivotal Systems’ agent can be reached through the contact listed below:
Pivotal Systems
48389 Fremont Blvd. Suite 100
Fremont, CA 94538
Inquiries that are not relevant to the claim of copyright infringement will not receive a response.
WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND PIVOTAL SYSTEMS AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, AND PARTNERS (HEREINAFTER COLLECTIVELY REFERRED TO AS “SUPPLIERS”) HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. PIVOTAL SYSTEMS DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABLILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEBSITE. PIVOTAL SYSTEMS AND ITS SUPPLIERS MAKE NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THIS WEBSITE OR ANY INFORMATION, POSTINGS, OPINIONS, OR SERVICES LINKED FROM THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. PIVOTAL SYSTEMS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS WEBSITE WILL BE FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUT NOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, PIVOTAL SYSTEMS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY PIVOTAL SYSTEMS, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER. Some jurisdictions do not allow these limitations, so the above limitations may not apply in your jurisdiction.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PIVOTAL SYSTEMS (OR PIVOTAL SYSTEMS’ OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF PIVOTAL SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, REMOVAL OR TERMINATION OF THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THIS WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL PIVOTAL SYSTEMS’ AND ITS SUPPLIERS’ CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THIS WEBSITE EXCEED $100.00. Some jurisdictions do not allow these limitations, so the above limitations may not apply in your jurisdiction.
Indemnification
You shall indemnify, defend, and hold harmless Pivotal Systems, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions that arise from your wrongful use of this Website in violation of its terms. Pivotal Systems reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim. The foregoing indemnification provision shall not apply to the extent that any claims, demands, damages, costs, or liabilities, are the result of Pivotal Systems’ own negligence, fraud, willful injury or willful violation of law.
Disclosure of Use
Pivotal Systems may disclose any information we have about you (including your identity) and your use of this Website or any services made available on this Website if we determine that such disclosure is necessary to (1) comply with legal process, (2) comply with any investigation or complaint regarding your use of this Website, (3) enforce these Terms of Use, (4) respond to claims that any such data violated the rights of others, or (5) protect the rights, property, or personal safety of Pivotal Systems, its employees, and visitors to or users of this Website, including Pivotal Systems’ customers, and the public. Pivotal Systems reserves the right at all times to disclose any information that Pivotal Systems deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Pivotal Systems may also disclose your information when Pivotal Systems determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Termination
You agree that Pivotal Systems may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Website, or for other reasons that may include but are not limited to (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Website or any service offered on or through the Website, or (3) unexpected technical issues or problems. In the event this agreement is terminated, the restrictions regarding Content or materials appearing on the Website, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms of Use will survive termination. In the event that you are unsatisfied with the Website or any services that may be provided by Pivotal Systems, your sole remedy is to terminate this agreement. If Pivotal Systems does take any legal action against you as a result of your violation of these Terms of Use, Pivotal Systems will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any injunctive or equitable relief granted to Pivotal Systems. You agree that Pivotal Systems will not be liable to you or to any third party for termination of your access to the Website.
Governing Law
These Terms and your use of this Website will be governed by the laws of the State of California, USA, without regard to conflicts of law provisions; all claims and actions must be brought in the appropriate court located in the State of California; and, you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and venue.
Miscellaneous
Pivotal Systems may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of Pivotal Systems to another entity. You may not assign this agreement. These Terms constitute the entire agreement between you and Pivotal Systems regarding this subject matter, and they govern your use of this Website. The failure of Pivotal Systems to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid, the parties nevertheless agree that the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This site is owned and operated by Pivotal Systems.
Pivotal Systems revised these Terms in April 2024.
