ONeil Software Inc. Privacy Policy
Introduction?
We at ONeil Software, Inc. and our affiliated companies worldwide (ONeil) are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information (Personal Information) you share with us on our Web site www.oneilsoft.com, www.oneildatatech.com and our oneilCloudTM platform.
ONeil has established this Online Privacy Policy so that you can understand the care with which we intend to treat your Personal Information.
O'Neil has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTes Program Requirements and the TRUSTed Cloud Program Requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program does not cover information that may be collected through downloadable software. The TRUSTe program covers only information that is collected through this Web site www.oneilsoft.com, www.oneildatatech.com and the oneilCloud platform.
TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. . If you are not satisfied with our response you can contact TRUSTe here.
ONeil complies with the U.S.E.U. Safe Harbor framework and the U.S.Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. O'Neil Software Inc. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view O'Neil Software Inc.s certification, please visit http://www.export.gov/safeharbor/.
Additionally, ONeil strives to comply with all applicable laws around the world that are designed to protect your privacy. Although legal requirements may vary from country to country, ONeil intends to adhere to the principles set forth in this Privacy Policy even if your Personal Information is transferred from your country to countries that may not require an adequate level of protection for your Personal Information. Our goal is to provide protection for your Personal Information no matter where that Personal Information is collected, transferred, or retained.
Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit ONeils Web pages without telling us who you are or revealing any Personal Information about yourself.
Notice?
ONeil generally only collects Personal Information on the web for current ONeil clients, or, those who have an interest in our products and services. We use personal information to establish an account or to contact you in regards to your interest of our product.
Information Sharing?
ONeil does not intend to transfer Personal Information without your consent to third parties who are not bound to act on ONeils behalf unless such transfer is legally required. We will share your personal information with third parties only in the ways that are described in this privacy policy. We do not sell your personal information to third parties.
We may also disclose your personal information as required by law, such as to comply with a subpoena, or similar legal process and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
If ONeil is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Choice?
You may choose whether or not to provide Personal information to ONeil. This privacy policy on how ONeil collects and uses Personal Information should help you make this choice. If you choose not to provide the Personal Information we request, you can still visit the ONeil Web sites, but you may be unable to access certain options, offers, and services that involve our interaction with you.
If you choose to have a relationship with ONeil, such as a contractual or other business relationship or partnership, we will naturally continue to contact you in connection with that business relationship.
Third Party Services?
Third parties may provide certain services available on any of the ONeil web sites on ONeils behalf. ONeil may provide information, including Personal Information that ONeil collects on the Web to third-party service providers to help us deliver programs, products, information, surveys or other services. Service providers are also an important means by which ONeil maintains our Web site and mailing lists. ONeil will take reasonable steps to ensure that these third-party service providers are obligated to protect Personal Information on ONeils behalf and will use these shared personal information only as necessary to provide these services to us.
In the specific case of our forms supported by Formstack (formstack.com), any data entered into these forms is encrypted and the Formstack Privacy Policy is to not distribute or sell any data to 3rd party companies.
Security?
We seek to maintain reasonable security measures in order to attempt to protect against the loss or misuse of personally identifying information under our control. When you login into our platform, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect information submitted to us, both during transmission and once we receive it. Unfortunately, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with our website, the oneilCloud platform, or that we store on our systems or that is stored on our service providers systems.
Wherever your Personal Information may be held within ONeil or on its behalf, we intend to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure.
Tracking Technologies/Cookies?
A cookie is a small text file that is stored on a users computer for record-keeping purposes. We use cookies on this site, as some cookies are essential for the operation of our Web site. We link the information we store in cookies to personally identifiable information you submit while on our site. For example, some cookies allow us to identify customers and ensure they can access the user-only pages.
We use functionality cookies to allow us to remember preferences. For example, cookies save visitors the trouble of typing in your username every time they access the site, and recall customization preferences, such as to save the regional edition of the homepage/user-area a visitor wants to see when they log in.
We utilize other cookies to analyze how visitors use our Web sites and to monitor Web site performance. This allows us to provide a better experience by customizing our offering and quickly identifying and fixing any issues that arise. For example, we use performance cookies to keep track of which pages are most popular. We the use these cookies to highlight articles or site services that we think will be of interest to the visitor based on your usage of the Web site, such as in the user-area page.
If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as logging into user-areas of the site, will be limited. You can remove cookies by following directions provided in your Internet browsers help directory.
The use of cookies by our partners, affiliates, tracking utility company, service providers is not covered by our privacy policy. We do not have access or control over these cookies. Our partners, affiliates, tracking utility company, service providers use session ID cookies to make it easier for you to navigate our site and provide interactive content. For example, to show videos using YouTube or local news channels.
We also use social media comment boxes that integrate with platforms like Facebook and Twitter. This is not an exhaustive or complete list of the services we use, or might use in the future, when embedding content. We cannot prevent these sites, or external domains, from collecting information on your usage of this embedded content. If you are not logged in to these external services then they will not know who you are but are likely to gather anonymous usage information e.g. number of views, plays, loads etc.
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. 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 use local shared objects, also known as Flash cookies, to enable Flash Player to display videos on our Web site. These Flash cookies are used by Adobe to collect information about how visitors use our site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.
Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here:
http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html
Access/Data Integrity?
To the extent that you do provide us with Personal Information, ONeil wishes to maintain accurate Personal Information. Where we collect Personal Information from you on the Web, our goal is to provide a means of contacting ONeil should you need to update, delete or correct that information. If for any reason those means are unavailable or inaccessible, you may send updates, deletions and corrections about your Personal Information to This email address is being protected from spambots. You need JavaScript enabled to view it. and we will make reasonable efforts to incorporate the changes in your Personal Information that we hold as soon as practical. We will respond to your request to access within 30 days.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. .
Blog?
Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. . In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Testimonials
We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. .
Social Media Features and Widgets
Our Web site includes social media features, such as the Facebook Like button and widgets, such as the ShareThis button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our web site. Your interactions with these features are governed by the privacy policy of the company providing it.
Links to Other Web Sites
Our site includes links to other Web sites whose privacy practices may differ from those of ONeil Software. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any web site you visit.
Childrens Privacy?
ONeil and its affiliates are not structured to attract children. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years of age.
Enforcement?
To support this Privacy Policy and E.U. Safe Harbor commitment, ONeil provides for independent recourse in the event that an individual has a complaint regarding the handling of their Personal Information. ONeil has selected TRUSTe (truste.com) online privacy services as an independent organization to assist and support any individuals for the purposes of complaint resolution.
Commitment?
We are committed to privacy and as protecting your privacy online is an evolving area, ONeils Web sites are constantly evolving to meet these demands.
If you have any comments or questions regarding our Online Privacy Policy, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. . While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.
Your Consent?
By using any of the ONeil Web sites, you consent to the terms of our Online Privacy Policy and to ONeils processing of Personal Information for the purposes given above as well as those explained where ONeil collects Personal Information on the Web. Should the Online Privacy Policy change, we intend to take every reasonable step to ensure that these changes are brought to your attention by posting all changes prominently on our web site for a reasonable period of time. If we make any material changes we will notify you by email or by means of a notice on this site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
EU Safe Harbor Privacy Policy
At ONeil we are dedicated to conducting our business in a manner that complies with the EU Safe Harbor Principles published by the U.S. Department of Commerce. The Safe Harbor Principles were developed to aid U.S. businesses in addressing and assessing their privacy policies and practices as they may relate to the European Unions Directive 95/46/EC on data privacy for personal data (including any EU member states rules, regulations or laws enabling such Directive, herein the Directive). Personal data is information relating to an identified or identifiable natural person. It includes personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships and information concerning the personal activities, undertakings, traits or habits of a particular individual. An identifiable person is one who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to the persons physical, physiological, mental, economic, cultural or social identity. Personal data may be considered transferred outside the EU under the Directive if it falls under one of two situations that are described below. For the Directive to apply, the personal data must be processed, wholly or partly, by automatic means or if not processed to any extent by automatic means, it forms (or is intended to form) part of a filing system.
Processor on Behalf
ONeil provides cloud based web services, which includes the storage of data, in an online repository known as the oneilCloud. These services are designed to help companies manage their off-site records stored at commercial record centers utilizing ONeil Software Incs RS-SQL®software. ONeil provides this cloud based service though its customers comprising a larg e geographic coverage of more than 80 countries worldwide. We collect information under the direction of our clients, and we have no direct relationship with the data we process. If you are a customer of one of our Clients and would no longer like to be contacted by one of our clients that use our service, please contact the client that you interact with directly. ONeil does not own or control any of the information stored or processed by any customer, including by or on behalf of any customers client(s). Only our customers and their clients are entitled to process, store, access, and retrieve such information. ONeil has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, who seeks to correct, amend, delete inaccurate data or withdraw consent to further contact should direct his/her query to the ONeil Client (the data controller). If the Client requests ONeil to remove the data, we will respond to their request within 30 days.
ONeil will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. ONeil will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Through careful analysis of specific business requirements, ONeils customers may recommend that their clients are better served by utilizing the oneilCloud web services. ONeil customers recommending this service to their clients must clearly explain that the client(s) information that originates in the EU will be stored on an Amazon server located in the U.S. and which is accessible over the Internet only by our customer or our customers client(s).
ONeil does not own or otherwise disclose or make available to third parties the data that is stored through use of its oneilCloud web service by our customers or our customers client(s), and such data is considered owned or controlled only by that customers client(s) or our customer, including if acting on behalf of the customer or the customers client. ONeil does not actively process the data stored on its server under the oneilCloud web service. Furthermore, under no circumstances may ONeil independently cause our customers data or our customers client(s) data to be transferred to any third party, such action being limited to either our customer or our customers client(s). Also, ONeils standard operating policy in this case is not to directly cause a transfer of any such data other than to return it to the applicable customer. In this capacity, ONeil should be considered only as a processor in behalf as to any personal data that may be considered transferred from the EU to the U.S. subject to the requirements of the Directive. As such, either our customer or, more particularly, our customers client(s) is (are) the Data Controller as they or one of them have the actual control over the way any personal data is collected and used as well as the determination of the purposes and means of the processing of such data. ONeil is not responsible for the content of the information stored on its server by our customers or our customers client(s) nor is ONeil responsible for the way our customers or our customers client(s) treat such information.
Data Controller
The Safe Harbor Principles require that those who collect and determine the purposes and the means of the processing of personal data to fulfill very specific requirements related to compliance with the Directive. The specific functions of a Data Controller will depend on the specific laws of each EU member state. However, since ONeil is not the collector or in control of any personal data, because it, neither alone nor jointly with others, will determine the purposes and means of collecting and the processing and uses of such data, it should not be considered as acting in the capacity of Data Controller with attendant responsibilities under the Directive or the Safe Harbor Principles. Although ONeil, without its actual knowledge, may be provided data or information subject to the Directive by customers by means other than use of the oneilCloud web services in order to aid in the resolution of a technical issue, it should not be considered a data collector or Data Controller as to such data. Furthermore, ONeil strongly recommends that our customers and our customers clients(s) do not include personal data in such transmittal to it, and it may reject and return such data to the sender if it becomes aware that such data is not in compliance with such requirement.
Web Services License Agreement
ONeil and our customers enter into a contract with regards to the oneilCloud web service and this includes that each party understands its role in complying with the Directive and the Safe Harbor Principles. Any data considered processed or stored by ONeil on behalf of our customer or any customers client(s) will not be further disclosed to third parties, except as directed or required by our customer or customers client(s), each acting only in compliance with the Directive. If in the unlikely event, any information which is identified as sensitive personal information must be treated accordingly.
The contract with our customer also will specify that our customer is responsible for implementing and maintaining reasonable security measures relating to our customer or customers client(s) access to the data stored within the ONeil oneilCloud, including assignment and administration of all identification codes and passwords authorizing such access. Our customer or our customers client(s), as applicable, is responsible for all security measures relating to such identification codes and passwords. ONeil has in place commercially reasonable measures to protect data on its network from loss, misuse, unauthorized access, disclosure and alteration and destruction.
As merely a processor on behalf of our customer or our customers client(s) (who is considered the EU Data Controller), ONeil is not required to apply other Safe Harbor Principles to personal information subject to the Directive and considered received for processing (i.e., storage) from our customers or customers client(s).
Notice (oneilCloud)
ONeil requests that our customers comply with their respective obligations under the Directive and our customers understand that ONeil recommends that any data being managed under our oneilCloud is non-confidential, nor do we recommend the use of our web services for the management of Personal Information.
Data Integrity
ONeil is entirely dependent on our customers compliance with the Directive in connection with any authorization for access to such customers or customers client(s) data in the oneilCloud as well as its nature and content. ONeil has no requirement to access data located on its oneilCloud other than as expressly permitted or directed by our customers and, in no case, will ONeil be involved in the further processing or manipulation of such data. ONeil takes reasonable steps to assure that any data that is considered transferred from the EU to the U.S. is maintained in a reliable, accurate and complete state, subject always to any deficiencies in the state in which it was received that may have been caused by others. The steps ONeil undertakes to assure data integrity is provided to take into consideration the Safe Harbor Principles.
Security (oneilCloud)
As noted above, the control of access to data stored on the oneilCloud web services is under the direct and primary control of and subject to the security measures undertaken by the ONeil customer base. ONeil has made provisions that all data at rest and stored in the oneilCloud system is encrypted to better assure the protection and confidentiality of such data. ONeil has in place security procedures and commercially reasonable security measures to protect all information stored on the utilized servers from loss, misuse, unauthorized access, disclosure, alteration and destruction.
ONeils customers will be notified of any breach of the security measures implemented by ONeil that ONeil becomes aware of, and our customer is responsible for notifying our customers customer(s) of such breach. Any measures or actions required to be undertaken by our customers or customers client(s) in connection with such breach are solely the responsibility of our customers, as applicable. If ONeil receives a request to download data stored in the oneilCloud by our customer onto archival media, ONeil will do so only upon receipt of a written request and directions (including by email) therefore from the requesting customer, as applicable, and such media will be sent via a reliable carrier or courier, as authorized by the customer. Upon its delivery to such carrier or courier, ONeil shall have no further obligation thereafter for the security or safety of the data included on such media.
Any compromise of security or potential compromise of security and any inquiries concerning security should be reported or directed to ONeil. Contact information is provided below.
oneilCloud Project Director
ONeil Software Inc.
11 Cushing, Suite 100
Irvine, CA 92618-4220
949.268.7285
This email address is being protected from spambots. You need JavaScript enabled to view it.
Enforcement
Individuals who wish to file a complaint or who take issue with ONeils EU Safe Harbor Privacy Policy should direct such communication to the oneilCloud Project Director, as set forth above. The oneilCloud Project Director can explain the process to be followed when filing a complaint. Filing a complaint in English will expedite the process. Should an individual be unable to resolve a complaint after having contacted the oneilCloud Project Director, that individual can contact the International Centre for Dispute Resolution of the American Arbitration Association at www.adr.org. This organization will provide independent dispute resolution. ONeil is subject to the jurisdiction of the U.S. Federal Trade Commission. Such individual may contact the Federal Trade Commission at the following address:
Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington, D.C. 20580
This email address is being protected from spambots. You need JavaScript enabled to view it.
www.ftc.gov
Limitation on Application of the Safe Harbor Principles
ONeils adherence to the Safe Harbor Principles may be limited to the extent expressly permitted by applicable law, rule or regulation.
ONeil may update this EU Safe Harbor Privacy Policy from time to time to reflect changes in its oneilCloud web services and customer feedback. ONeil encourages you to periodically review this EU Safe Harbor Privacy Policy to be informed of how it is protecting information stored in connection with its oneilCloud web services. This EU Safe Harbor Privacy Policy was last updated on February 8, 2013.
V.3.0 Feb 8, 2013