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Revision March 3, 2021
Please read this Policy to learn more about the ways in which we collect and use your information. By using our Services, you consent to our collection, use, and disclosure of your information as described in this Policy.
Information Collection and Use
Please note that we may update this statement without notice from time to time by posting the updated terms on our websites. You are responsible for periodically reading this statement. If you use our websites after we have updated this statement, you acknowledge that you have read the updated terms and consent to our revised privacy practices.
If you are a resident of the State of California, please also read Your California Privacy Rights below to understand additional rights you may have pursuant to California Civil Code Section 1798.83 and the California Consumer Privacy Act of 2018.
Information we gather and track.
We may collect two types of information from you and other registered users of our websites: (1) "personally identifiable information" and (2) “non-personally identifiable information”.
"Personally identifiable information" is information that identifies you personally, such as your name, address, telephone number, email address, or company name.
"Non-personally identifiable information" can be technical information, such as aggregated tracking information derived mainly by tallying page views throughout our site, or it can be demographic information. Non-personally identifiable information does not identify you personally. If you do provide us with non-personally identifiable information, we may use it for the purposes described in this statement or for any other legal purpose.
We do not offer services directed to children. Should an individual whom we know to be a child under age 18 send personally identifiable information to us, we will take measures to remove that user's personal information from our databases. From time to time we may come into contact with persons under the age of 18 as may be necessary in the performance of our contractual obligations. In such instances we take reasonable efforts to not collect or store any personally identifiable data of such persons, but rather de-identify and anonymize such data of persons under the age of 18.
How we gather and track information.
Personally Identifiable Information.
As part of the registration process we collect your company and/or trade name, contact name, telephone number, principal address and email address.
As part of the utilization of the PCS services by you, we store in our databases certain information regarding your customers and prospective customers, including name, telephone number and/or email address. In some cases individual preferences and requirements will also be maintained as part of the customer or potential customer profile.
From time to time visitors to our websites who are not registered users may request information about our sites and services and provide their name and email address. We collect and retain that information.
Non-Personally Identifiable Information.
Log Files. As is true of most web sites, 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.
How we use Information we gather and track.
Personally Identifiable Information.
We use personally identifiable information that we gather from registered users and store in our databases (whether the personally identifiable information relates to the registered user or any customers or potential customers of the registered user) solely to provide the service and functionality for which registered users subscribe. Under no circumstances do we divulge any personally identifiable information to any other registered user or to any third party. So, for example, we use your personally identifiable information:
To authorize your access to appropriate services, pages, screens and data in our system;
To send promotional materials to your customers and potential customers that you have requested that we send on your behalf;
To communicate with you regarding our sites and services, new services and changes to our sites and services that we may make from time to time;
To provide customer and technical service to you;
To comply with law, or in the good faith belief that such action is necessary to conform to the requirements of law, or comply with legal process served on us, and to protect and defend our rights or property, including our rights and property and our websites, or act in urgent circumstances to protect the personal safety of you and our other visitors; and
To protect against fraud or potential fraud.
We use name and email addresses provided by visitors to our websites who expressly request information from us in order to provide the requested information to them.
Non-Personally Identifiable Information.
We use non-personally identifiable information that we gather and track 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 may create aggregate reports on user demographics and traffic patterns for advertisers, sponsors, and partners. This allows our partners to be more effective and allows our users to receive information that is pertinent to their needs.
We will not divulge or share any financial or accounting-related data input by our registered users and stored in our databases to any other registered user or to any third party at any time that makes that information personally attributable to a Facility, Customer or registered user..
With whom we may share information
We may share, as controller or as processor providing services at the direction of our clients, your personal data to third parties who perform services on our behalf, including our technology providers, payment card processor, administrative personnel and providers and professional advisors.
PCS uses a limited number of third-party service providers to assist us in providing our services to customers. These third party providers assist with the transmission of data and provide data storage services. These third parties may access, process, or store personal data in the course of providing their services. PCS maintains contracts with these third parties restricting their access, use and disclosure of personal data.
PCS does not receive or store credit card information from registered users or their customers. We use either an outside payment (credit/debit card and ACH) processing company or our parent company, Fullsteam Operations LLC for subscription services and for point of sale functionality. The payment processing company does not retain, share, store or use your personally identifiable information for any other purposes, however, we cannot guarantee that there will not be a security breach of the payment processing company.
We may disclose information if we have a good faith belief that disclosure is necessary by law or the legal process, to protect and defend our or others’ interests or property, or to enforce agreements you or our clients enter into with us. PCS may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In the event PCS goes through a business transition, such as a merger, acquisition by another company, or sale of all or substantial portion of its assets, your personally identifiable information will likely be among the assets transferred.
Security of the information.
We follow generally accepted industry standards to protect the personally identifiable information as well as the financial data submitted to us, both during transmission and once we receive it. 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 information, we cannot guarantee its absolute security.
If we learn of a breach of our security system or processes, we may attempt to notify you electronically so that you can take appropriate protective steps. By using our websites, or providing personally identifiable information to us through them, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our websites. In the event of a breach, we may post a notice on our websites and/or send you an email at the email address you provided.
Storage of Information
We retain the personal data we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods for the purposes of bringing and defending claims.
Your rights and choices
We communicate with our registered members on a regular basis via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Users can opt-out of all email communications from PCS by contacting us. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until your request is processed. You also may opt-out of receiving such emails by clicking on the "unsubscribe" link within the text of the applicable email.
Third-Party Websites and Advertisers
Our websites may contain links to third-party websites. While we endeavor to work with third-parties that share our respect for user privacy, we are not responsible for the websites or privacy practices of such third-parties. We may also use third-party advertisers, ad networks, and other advertising, marketing, and promotional companies, to serve advertisements on our websites. Such third parties may gather information about your visit to our websites or other websites, monitor your access to or market products or services to you, monitor the ads you view, click-on, or interact with, when they were delivered, and the screens and pages that they are on.
California Residents – Your Privacy Rights
California Information-Sharing Disclosure
(As provided by California Civil Code Section 1798.83)
A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.
California customers may request further information about our compliance with this law by e-mailing firstname.lastname@example.org. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
California Do Not Track Disclosure:
California Consumer Additional Information under California Consumer Privacy Act of 2018 (“CCPA”)
You will not receive discriminatory treatment by us for exercising your privacy rights conferred on you by the CCPA.
You have certain additional rights regarding your personal information, pursuant to California law. These include the rights to:
Please submit your request for information or deletion of information concerning you as noted below. In order to provide you with your requested information or to delete the information which we have concerning you, we must be able to verify that you are the person requesting the information or deletion. With your request please provide at least two items of information which you have previously provided to us for us to use for verification of your identity. If this is not sufficient, we will contact you for additional means of verification.
You may designate an authorized agent to make a request for you. If your agent has a power of attorney pursuant to California Probate Code sections 4000 to 4465, please provide proof to the same. If your agent does not have a power of attorney pursuant to California Probate Code sections 4000 to 4465, we will require you to provide the authorized agent written permission to make the request, verify your own identity directly with us and require your agent to submit proof that they are authorized by you to act on your behalf.
For information concerning you or for deletion of information concerning you, please email email@example.com or request by mail addressed to:
Fullsteam Operations LLC
Attn. Compliance CCPA
540 Devall Drive, Suite 301
Auburn, AL 36832
By email: firstname.lastname@example.org
Address: Party Center Software, LLC.
1010 Camerado Dr, Suite 206
Cameron Park, CA 95682
Phone: +1 888-804-1166
Party Center Software, LLC, a Delaware limited liability company (“PCS”, “we” or “our”) owns and operates the Internet websites, pages and services accessible at many sites including but not limited to PartyCenterSoftware.com, pcsparty.com, cinemapartysoftware.com, agilesoftware.com, PCSparty.com, PCSonline.com and agilecapacity.com ( “Sites”) exclusively for our registered customers (“Customer,” “User,” “you” or “your”).
Ownership and Services
All right, title and interest to all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials on the Sites (“Content”) (including all copyrights, trademarks, patent rights and other intellectual property rights) on the Sites and all information contained therein is and shall remain the sole property of PCS and its licensors, as applicable. PCS provides small and medium sized businesses and organizations a variety of tools and resources to help facilitate customer relationship management, point of sale, inventory bookings, customer invoicing, online event booking, facility management, vendor management and employee management (“Services”). PCS operates many Sites to provide access to online subscriptions for its Customers and website users. Additional terms and conditions applicable to specific portions of these Sites or to particular content or transactions are posted in the Sites and, together with these Terms, govern your use of those portions, content or transactions.
Restrictions and Responsibilities
You may not, directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
You acknowledge that PCS does not own, operate or manage the Internet; communications on the Internet may not be secure and may be subject to interception or loss; and certain content available on the Internet is copyrighted and may have been distributed in violation of copyright laws. Accordingly, you agree that you must evaluate, and bear all risks associated with, your use of the Sites or of all content, including any reliance on the accuracy, completeness, or usefulness of such content (whether originating with PCS or otherwise). PCS does not guarantee continuous, uninterrupted or secure access to the Sites, and operation of the Sites may be interfered with by numerous factors outside of our control.
PCS respects the intellectual property rights of third parties. In the event that you have a good faith belief that your copyrights have been violated by the use or display of certain content within the Platform, it is our policy to investigate and promptly undertake efforts to resolve the issue. To notify us regarding an alleged copyright violation, you must provide us with all of the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed, and information reasonably sufficient to permit us to locate the material; (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to PCS’s designated agent at:
Party Center Software, LLC
C/O Fullsteam Operations LLC
Attn: Ed Graf
197 East University Drive
Auburn, AL 36832
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
Disclaimer of Warranty
THESE SITES AND ANY CONTENT OBTAINED THEREFROM ARE PROVIDED ON AN “AS IS” BASIS AND PCS EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PCS, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of Damages
IN NO EVENT SHALL PCS OR ANY OF ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS SITE, OR (ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO PCS (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF PCS), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF PCS. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THIS AGREEMENT ARE EXCLUSIVE AND YOU ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PCS’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO PCS IN THE THREE (3) MONTH PERIOD PRIOR TO THE DATE OF THE INCIDENT GIVING RISE TO THE LIABILITY.
Please note that some jurisdictions may not allow the above exclusion of implied warranties, so some of the above exclusions may not apply to you.
The Internet and these Sites are constantly evolving. We reserve the right to change or modify this Agreement or to impose new conditions with respect to your use of these Sites at any time and from time to time. We also have the right at any time to change, substitute, modify, add or discontinue any aspect of or feature of the Sites, including but not limited to content, functionality, and means of access or use. Such changes, substitutions, modiﬁcations, additions or discontinuances shall be effective immediately upon notice to you, which may be given by posting in this Agreement or elsewhere on the Sites, electronic mail, or any means by which you obtain actual knowledge.
PCS cannot and does not guarantee or warrant that files available for downloading through the Sites will be free of infection by software viruses or other harmful computer code, files or programs.
Any software available for download via the Sites is the copyrighted work of PCS and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement associated with that specific software.
Digital Liability Waivers
YOU ARE ADVISED TO OBTAIN YOUR OWN LEGAL COUNSEL REGARDING A WAIVER AND WAIVER PROCESS APPROPRIATE FOR YOUR BUSINESS. THE AVAILABLE WAIVER FEATURE AND ITS ON-LINE DIGITAL FUNCTIONALITY IS PROVIDED AS A CONVENIENCE TO YOU, WITHOUT ANY ASSURANCE AS TO ITS ADEQUACY FOR YOUR APPLICATION, AND IN NO EVENT ARE WE PROVIDING YOU WITH LEGAL ADVICE. YOU AGREE TO HOLD US HARMLESS FOR ANY DAMAGES, COSTS OR EXPENSES ARISING IN ANYWAY RELATED TO THE USE OF OUR WAIVER FUNCTIONALITY.”
You agree to indemnify and hold PCS, its owners, afﬁliates, directors, ofﬁcers, agents, subcontractors, service providers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) User materials submitted, posted to or transmitted through the Site by you or your authorized user, (ii) any breach of this Agreement by you or your authorized user, or (iii) any violation of any rights of a third party caused by you or your authorized user. For purposes hereof, “your authorized user” means you or any person or entity using your account (x) with your permission, (y) as a result of your failure to adequately protect your account password, or (z) as a result of your failure to immediately notify PCS of any unauthorized use of your password or account or any other breach of security.
You are solely responsible for and agree to pay, indemnify, and hold PCS harmless from any and all sales, use, communications, excise, or similar tax or duty, and any other tax not based on PCS’s net income, including penalties and interest and any associated professional fees, and all other imposts levied upon or chargeable with respect to the use, license, sale, or delivery of the services or other deliverables in respect of this Agreement, and any costs associated with the collection or withholding of any of the foregoing items.
You agree (i) to use the Sites only for lawful purposes, (ii) not to take any action that might compromise the security of the Sites, render the Sites inaccessible to others or otherwise cause damage to the Sites or the Content, (iii) not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you, (iv) not to use the Sites in any manner that might interfere with the rights of third parties.
Unsolicited Idea Submission Policy
PCS or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should PCS’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to PCS or anyone at PCS. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of PCS, without any compensation to you; (2) PCS will have no obligation to return your idea to you or respond to you in any way; (3) PCS will have no obligation to keep your idea confidential; and (4) PCS may use your idea for any purpose whatsoever, including giving your idea to others. However, PCS does welcome feedback regarding many areas of PCS’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Sites. Any feedback you provide shall be deemed provided under the terms above.
You (i) must keep your passwords secure and conﬁdential, (ii) are solely responsible for all activity in your account, (iii) must use commercially reasonable efforts to prevent unauthorized access to your account and notify us promptly of any unauthorized access. You agree to accept responsibility for all activities that occur under your member identification and password. You agree to meet or exceed industry standards in the creation, protection and rotation of your passwords and online identities.
Entire Agreement/No Waiver. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by PCS of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. PCS reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. PCS does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Notice. Any notices or requests that may be given or made pursuant to this Agreement must be in writing and delivered personally, by registered or certified mail, postage prepaid, by a recognized overnight delivery service or by facsimile, which shall be deemed received upon confirmation of receipt in legible form to the parties hereto.
No Agency. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind PCS in any manner or respect whatsoever.
Severability. You agree that if any provision of this Agreement is found void or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, this will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to applicable principles of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby. In case of any dispute related to this Agreement, the parties agree to submit to personal jurisdiction in the State of Delaware. Furthermore, the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of any court of the State of Delaware or any federal court sitting in the State of Delaware for purposes of any suit, action or other proceeding arising out of this Agreement. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS, OBLIGATIONS AND/OR PERFORMANCE OF THIS AGREEMENT. Use of this Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of this Agreement, including without limitation this paragraph. You may preserve this Agreement in written form by printing for your records, and you waive any other requirement that this Agreement be evidenced by a written document.
Assignment. You may not assign this Agreement or resell the right to use the Services without our prior written consent. We may assign or subcontract this Agreement at any time. This Agreement will be binding upon and inure to the benefit of all of our successors and assigns, which will be bound by all of the obligations of their predecessors or assignors.
Force Majeure. PCS will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond PCS’s reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
Do you have questions or comments?
Please submit them to the PCS Privacy Office by mail or e-mail as follows:
Fullsteam Operations LLC
Attn. Compliance CCPA
540 Devall Drive, Suite 301
Auburn, AL 36832