Herdmark Terms of Service

TSG Systems, Inc. ("TSG", "our", "us" or "we") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.herdmark.com and any other domains owned and controlled by TSG through which the Service is accessible (collectively, the "Site") and the herdmark bookmarklet extension for your internet browser (the "herdmark Bookmarklet") (any and all of the foregoing, the "Service"). This Privacy Policy applies only to information that you provide to us through the Service. When using our Service you consent to the collection, disclosure, transfer, processing, storage and other uses of your information as described in this Privacy Policy.

This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site or via the Service. You are advised to consult this policy regularly for any changes.

Core Privacy Principles:
  • We take your privacy very seriously.
  • We collect your information to provide and improve our Service and increase your enjoyment in using it.
  • We don't disclose your Personal Information to third parties except as set forth in this Privacy Policy.
  • Providing us with your Personal Information is your choice.
  • All pre-existing user information designed as "private" (your first and last name and private bookmarks) will remain private after the transition is completed.
Information Collection and Use

Our primary goals in collecting information are to provide and improve our Service and its features and content, to administer your membership and to enable users to enjoy and easily navigate the Site.

Personal Information. In the course of using the Service, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited to, your name and email address. We use your Personal Information to provide the Service and administer your inquiries. We will also use your Personal Information to contact you with herdmark newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "Settings" information. (See "Changing or Deleting Information," below.)

We also collect the other information that you provide as part of registration and the administration and personalization of your user experience (e.g., without limitation, zip code (on its own), gender and geolocation) ("Non-Identifying Information"). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) to provide the Service, complete your transactions, and administer your inquiries. We may also combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other herdmark Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Service is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

Service Usage Information. When you use our Service our servers automatically record information that your browser sends whenever you visit a website or online service ("Log Data"), including, but not limited to, your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for via our Service, access times and dates, and other statistics. We use this information to monitor and analyze use of the Service (e.g., to understand how our users interact with advertisements), for the Service's technical administration, to increase our Service's functionality and user-friendliness, and to better tailor it to our visitors' needs. We do not treat Log Data as Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Like many websites and online services, we use "cookies" on our Service to collect information. A cookie is a small data file that we transfer to your computer's hard disk. Most Internet browsers automatically accept cookies. We may use both session cookies and persistent cookies to better understand how you interact with our Service, to save your preferences and personalize the Service for you, to monitor aggregate usage by herdmark Users and web traffic routing on our Service and to improve our Service generally. Third party advertisers may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.

We also use "pixel tags," "clear GIFs" or similar means (individually or collectively "Pixel Tags") on our Site. A Pixel Tag is an electronic image, often a single pixel, embedded on web pages. Pixel Tags are ordinarily not visible to users. Pixel Tags allow us to count the number of herdmark Users who have visited certain pages of the Site, to deliver branded services and to generate statistics about how our Site is used.

Information Sharing and Disclosure

We do not share Personal Information with third parties except as follows:

Registered Users. When you register through the Site and create a profile webpage, you will be prompted to enter your name and to create a username. Your username will be listed publicly on our Service, your name will not be publicly listed. (See note for Pre-Existing Users below). You can choose what other Personal Information you provide as part of your profile and in some cases you can choose whether to share that information publicly via the Service by making selections in your Account settings.

Bookmarking; Comments and Tags. If you choose to create a bookmark via the Service or to provide any comments, notes or tags related to your bookmarks (any and all of the foregoing "Member Content"), such content will be publicly viewable via the Service unless you choose to mark your submission as "private." If you choose to create a grouped collection of bookmarks (a "Stack") on the Service, such Stack will be made public if you choose to publish it. Your username will also be publicly associated with any stack you publish. Any Member Content marked private will only be viewable to you and those users to whom you explicitly grant access.

Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Third Party Social Networking Services. Registered users may link their accounts with certain third party social networking services ("SNSs"). In these instances, with your permission and on your behalf, we will share your Personal Information, including, but not limited to, information contained in your profile and any bookmarks with the applicable SNS. Through use of such services' APIs we also receive certain information (which may include your Personal Information) in accordance with the privacy settings you have set in your SNS account, if any. Other than what we may share with the SNS in connection with your linking of accounts, the personal information an SNS has about you is obtained by the SNS independent of our Service. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other services you use.

Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Service's features) or to assist us in analyzing how our Service is used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Compliance with Laws and Law Enforcement. We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect TSG' rights or property.

Business Transfers. TSG may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. We will provide you with notice of the transfer of your Personal Information to the new entity.

Changing or Deleting Your Information

All registered users may review, update, correct or delete the Personal Information in their registration profile by contacting us or via the "Settings" section of the Site. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us at feedback@herdmark.com with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Security

TSG is very concerned with safeguarding your information. We employ reasonable physical, technological, and administrative security measures and attempt to ensure they are applicable under the circumstances (e.g., we encrypt certain information using secure socket layer technology (SSL)). No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, TSG transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Service contains links to other websites. If you choose to visit an advertiser or third party website by "clicking on" a third party link, you will be directed to that third party's website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites or over the choice of which third party sites are linked to using the service. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

This Service is not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at team@herdmark.com.