Apt Software Group, LLC’s Privacy Policy



    Your privacy is very important to all of us at Apt Software Group, LLC, a Delaware limited liability company, and/or any of its affiliates (the “Company”). We have established this privacy policy (“Privacy Policy”) to explain to you how your personal information is protected, collected, and used. Personal information is information about you that is personally identifiable, such as your name, email address, and other information that is not otherwise publicly available (“Personal Information”). The privacy practices of this Privacy Policy apply to our Services (as defined in our Terms of Use available under the Company website. By visiting the Company website, using the Company website’s features, and/or by using Services provided by the Company in connection with any of the foregoing (collectively, the “Services”), you agree to be bound by the terms and conditions of this Privacy Policy. Your use of any Services constitutes use of the Company website. If you do not agree, please do not use or access the Services. From time to time, the Company may modify this Privacy Policy and post such modifications here on this website. Your use of the Services after any such modification constitutes your acceptance of the modified Privacy Policy. By submitting Personal Information to us through the Services, you expressly consent to our use and disclosure of your Personal Information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the Company Terms of Use.


    The Company collects Personal Information from you through the Services to allow us to provide the Services that will most likely meet your needs and preferences. We only collect Personal Information about you that we consider necessary for achieving this purpose.

    In general, you can browse the Company’s website and “opt-in” to provide us with any Personal Information. Once you agree to provide us with Personal Information, you are no longer anonymous to us. If you choose to use and/or purchase certain Services we may require you to provide contact and identity information, billing information, and other Personal Information as indicated on the forms throughout the Company website. Where possible, we indicate which fields are required and which are optional. You always have the option to not provide information by choosing not to use or purchase a particular service.

    Under some circumstances we may require some additional financial information. We use your financial information, including credit card information, to verify the accuracy of your name, address and other information, as well as to bill you for your use of our services and products.

    We may track certain information based upon your behavior on the Company website. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand our customers. This information may include, but may not be limited to, the URL that you just came from, which URL you go to next, your computer browser information, and your IP address.

    If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Company website, we may collect and retain such information in a file specific to you.


    We use your Personal Information, and other information we obtain from your current and past activities on the Company website to: resolve disputes; troubleshoot problems; measure consumer interest in our products and services; inform you about online and offline offers, products, services, and updates; customize your experience on the Company website; detect and protect us against error, fraud and other criminal activity; enforce our Terms of Use Agreement; and as otherwise described to you at the time of collection. We may compare and review your Personal Information for errors, omissions, and accuracy.

    You agree that we may use your Personal Information, including your email address, to improve our marketing and promotional efforts, to analyze Company website usage, to improve the Services, and to customize the Company’s content, layout, and services. These uses improve the Company website and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe, and customized experience while using the Company website and/or the Services.


    We may occasionally send you information on products, services, special deals, and promotions. Out of respect for your privacy, we provide you a way to unsubscribe from each of these communications. If you no longer wish to receive our promotional communications, you may opt-out of receiving them by following the instructions included in each such communication or by contacting us.

    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.

    We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if access to our products is temporarily suspended for maintenance, we might send you an email or text message. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, please do not submit your Personal Information through the Company.


    As a matter of policy, we do not sell, rent, or share any of your Personal Information, including your email address, to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your Personal Information may be disclosed in the normal scope of business to provide our services and products to customers:

    • External Service Providers: There may be separate services offered by third parties that we refer to as external service providers that may be complementary to your use of the Company. If you choose to use these separate services or products, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. We do not disclose your Personal Information, including your email address, to external service providers unless you provide your explicit consent. With your consent we may provide some of your Personal Information to the external service provider offering such services, for your convenience. To prevent our disclosure of your Personal Information to an external service provider, you can decline such consent or simply not use their services or products. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
    • Internal Service Providers: We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you and therefore we may provide some of your Personal Information, including your email address, directly to these internal service providers. These internal service providers are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced Company-related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. If you provide additional information to an internal service provider directly, then their use of your Personal Information is governed by their applicable privacy policy.
    • Legal Requests: The Company cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you, other users, and the Company from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, username history, and fraud complaints without a subpoena. Without limiting the above, in an effort to respect your privacy, we will not otherwise disclose your Personal Information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss, or report suspected illegal activity.
    • Aggregate Data: The Company may collect certain aggregate data about its users and share it with its partners, affiliates, investors, and research teams for the purposes of identifying and meeting the needs of our users. This information will be used by the Company or its partners and affiliates to send communications to users regarding services, products, updates, news, events, and other promotional reasons. This aggregate data contains generic demographic information regarding the statistical analysis of users of the Company’s website. This information is not linked to any personal, identifiable information about the Company’s users. Much of this information is used for processing of a Conative AptitudeSM Survey and becomes part of our research database. This allows us to continue doing research about conation on an anonymous basis.

    Due to the existing regulatory environment, we cannot ensure that all of your private communications and other Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose Personal Information, including your email address, to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your Personal Information that they collect from the Company website. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should neither rely upon nor expect, that your Personal Information or private communications will always remain private.


    As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information. We track trends in users’ usage and volume statistics to create a more efficient and usable site and product offerings, and to determine areas of the site or our services that could be improved to enhance the user and customer experience. Log files are used on the Company website, and in any link to the Company website from an email.


    When you use the Company website, we collect certain information by automated or electronic means, using technologies such as cookies, web beacons, browser analysis tools, and web server logs. As you use the Company website, your browser and other electronic devices communicate with servers operated by us and our services providers to coordinate and record the interactivity and fill your requests for services and information.

    The information from cookies and related technology is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to the Company by your computers or mobile devices. These servers are operated and the cookies managed by us or our service providers.

    For example, when you visit the Company website, the Company and our service providers may place cookies on your computers or mobile devices. Cookies allow us to recognize you when you return, and track and target your interests in order to provide a customized experience. They also help us provide a customized experience and help us to detect certain kinds of fraud. A “cookie” is a small amount of information that a web server sends to your browser that stores information about your account and preferences.

    Some cookies are temporary, whereas others may be configured to last longer. “Session” cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. “Persistent” cookies are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser. We use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided, and storing your preferences.


    You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain third party advertising companies online at http://www.networkadvertising.org/choices/.

    You may manage how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

    If you wish to opt out of receiving offers directly from the Company’s service providers, you can follow the opt-out instructions in the emails that they send you.


    Your access to our Services through a mobile device may result in additional information being collected by the Company. Registration may be required to utilize certain features of a mobile application. When you register with us and use the application, you may provide some or all of the following: (a) your name, email address, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; and (d) information you enter into our system when using the application, such as contact or credit card information. We may also use the information you provided to us to contact you from time to time to provide you with important information, required notices and marketing promotions.

    This application does collect precise information about the location of your device. In order to allow the application to collect real-time location information you must select to permit location functionality when prompted by the application and also enable the GPS services on your mobile device. We use your location information to provide requested location services such as advertising or offers from local businesses and their locations. You can stop all collection of information by the application by uninstalling the application from your mobile device. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

    You can also withdraw your consent to receive “push” notifications and/or to the collection of your physical location information at any time by disabling or changing the related functionality or setting as provided in your mobile device.


    The Company website may contain links that are not owned or controlled by the Company. Please be aware that we are not responsible for the privacy practices of such third parties. We encourage you to read the privacy statements of each and every third-party platform that collects personally identifiable information. This Privacy Policy applies only to information collected by the Company.


    The Company, at any time now or in the future, may allow you and other end users to use the Company’s website to express opinions, and otherwise communicate through comments, discussion groups, or other communication facilities that may be offered in or through the Services from time to time (collectively “Communities”). In the event of the existence of such Communities, the Company shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by the Company, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, the Company shall also have the right, but not the obligation, to remove any material from the Communities that the Company, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of the Company.

    By posting any opinions, materials, feedback, or other information on or through the Communities, you grant the Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.

    The Services may contain links to websites maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.


    We follow generally accepted industry standards to protect Personal Information, including your email address, submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.


    Under no circumstances, including, but not limited to, negligence, shall the Company be liable for any indirect, special, incidental or consequential damages arising out of the use, or the inability to use, the content offered on this site, even if the Company or a Company authorized representative has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of the Company under this agreement exceed fifty dollars ($50), regardless of the cause of action, in tort, contract, or otherwise

    You hereby agree to release the Company and its employees, agents, officers, directors, and its successors and assigns from any and all liability arising out of or related to your access to and use of this site. You understand that this agreement discharges the Company and its employees, agents, officers, directors, and successors and assigns from any and all liability to you in respect to injury of person or property, injury to reputation, defamation, or any other loss that may result as a result of your access to and use of this site, its services, or its forums.


    You hereby agree to defend and hold harmless the Company and its employees, agents, officers, directors, successors and assigns from and against any and all losses, liabilities, damages, claims, actions, costs, and expenses (including, but not limited to, any attorneys' fees and costs) related to or arising out of your access to and use of the Services, its services, or its forums. The Company, at its sole discretion, may participate in the defense of any claim or action at your expense and any negotiations for settlement. The Company reserves the absolute right to assume exclusive defense and control of any claim or action, subject to indemnification by you, without relieving you of your indemnification obligations.


    Any material, information or idea you transmit to or post on the Services by any means may be disseminated or used by the Company or its affiliates for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to the Company will be handled in accordance with the Company’s Privacy Policy. You are prohibited from posting or transmitting to or from the Services any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

    You further agree not to upload, post, email or otherwise transmit any confidential information, trade secrets, "junk mail," "spam," "chain letters," "pyramid schemes," any other form of solicitation, or software viruses. The Company reserves the right to remove, in our sole discretion, any upload or posting that violates this Agreement. The Company moreover reserves the right to take all available and appropriate legal action to protect the Services and its contents from misuse and abuse.

    By posting content, including, but not limited to, text and photographs, to the Services, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to post or upload the content, or that your use of the content is a protected fair use. You hereby agree that you will not knowingly provide content with the intent to defraud or submit misleading or false information. You further represent and warrant that the content you post or otherwise supply does not violate this Agreement, and you will indemnify and hold the Company harmless for any and all claims of any nature resulting from the content you post or supply.

    You understand and agree that all content posted to the Services is the sole responsibility of the individual who originally posted the content. The Company in no manner warrants that we approve of any content posted to the Services by you or any other user. The Company also does not claim any responsibility for, and expressly disclaims any and all liability that may arise out of, content posted by you or any other user to the Services.

    You agree that the Company has the unconditional right, in our sole discretion, to edit, alter, or remove any content submitted by you or other users to the Services.


    Our services are directed toward users where the vast majority of which are over the age of 13. Users who represent themselves as being 12 years or younger will not have personal, identifiable information collected, except as described in this Section.

    Users who represent themselves as being 12 years or younger will have the following personal, identifiable information collected: first name, last name, parent/guardian email, gender, username, and password. Parent/Guardian email may be used to notify the user’s parent or guardian of activity on this account and additional information regarding our services as it relates to their child. First and last name information assists in identifying who owns and uses the data – crucial for facilitating OPgig for groups of children and identification of reports. Gender information allows us to customize reports generated for users and their parents/guardians by including appropriate pronouns (“his” and “he”, “hers” and “she”).

    All other non-personal, identifiable demographics information about users age 12 and younger may be used for research purposes and for other purposes described in this Privacy Policy.

    Pursuant to 47 U.S.C. Section 230(d) as amended, the Company hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website http://www.eff.org.


    You can use your credit card securely on the Company website. We have partnered with Stripe to offer safe and secure credit card and electronic check transactions to you.


    The Company is headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, or service providers elsewhere in the world. By providing us with Personal Information, you consent to this transfer. We will protect the privacy and security of Personal Information according to this Privacy Policy, regardless of where it is processed or stored.


    If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently.

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