TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING TRUSTSCOUT.COM OR INSTALLING AND USING SERVICES AVAILABLE ON TRUSTSCOUT.COM, YOU ACCEPT AND AGREE TO THEM. PLEASE ALSO READ OUR PRIVACY POLICY TO LEARN HOW WE COLLECT AND USE INFORMATION.

Welcome to Scout!

These Service Terms (these “Terms”) explain the relationship between Scout Holding Company ("Scout", "we", "us" and/or "our") and you when you (i) access and use trustscout.com and its related domains (together, the “Site”) and/or (ii) install, use, and in some cases purchase Scout's proprietary software applications (including all related documentation, updates and upgrades) and any other services offered through the Site (the “Scout Services”).

 

These Terms govern visitors’ access to and use of the public areas of the Site, as well as access to and use of the Scout Services. Unless otherwise indicated, “Scout Services” as used throughout these Terms includes the public areas and the Scout Services. For the purposes of these Terms, “you” or “your” refers to you as a visitor to or registered user of the Scout Services.

These terms also contain provisions that govern how claims you and Scout have against each other are resolved. You are required to submit claims you have against us, our agents, or our service providers to binding and final arbitration. You are not permitted to pursue claims against us, our agents, or our service providers as a plaintiff or class member in any class or representative action or proceeding. You are only permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. By using our Site or services, or entering into this agreement, you expressly acknowledge that you have read and understand these terms. 

 

THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, FORM AN AGREEMENT BETWEEN YOU AND SCOUT. BY AGREEING TO THESE TERMS OR USING THE SCOUT SERVICES, YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.


IF YOU AGREE TO THESE TERMS OR USING THE SCOUT SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND SCOUT AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE.

GRANT OF LIMITED LICENSE

The Scout Services are owned by Scout and are licensed, not sold, to you. Subject to your payment of all applicable fees, Scout grants to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Site and to access, install, and use the Scout Services subject to the limitations set forth in these Terms, any relevant purchase order or ordering document related to the Scout Services (“Order Form”) and any and all other terms and policies set forth in the Scout Services. You acknowledge that the source code for the Scout Services and other trade secrets embodied in the Scout Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by Scout.

USE OF SCOUT'S SERVICES


If you wish to use Scout's services, you are required to register and create an account to use the Scout Services (“Account”). You agree that you will maintain and update your registration and account information to ensure it is current, complete and accurate and that we have the right to terminate your Account and use of the Scout Service if you provide untrue, incomplete or inaccurate information.
 

YOUR RESPONSIBILITY


You are responsible for providing the equipment and services that you need to access, install, and use the Scout Services. Scout does not guarantee that the Scout Services are accessible on any particular equipment or device or with any particular software or service plan.
 
You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account or any of its information with any other person.
 
You will use the Scout Services only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the Scout Services. You agree that you will not use the Scout Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. You agree that you will not use the Scout Services if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms.
 
If you use the Scout Services on your mobile device, you are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. Scout is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider.
 
Except as specifically permitted in these Terms or expressly authorized in writing by Scout, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the Scout Services; (b) use any of the Scout Services in any service bureau arrangement or on behalf of any third party; (c) reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the Scout Services; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c).
 
You are not permitted to: (a) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the Scout Services; (b) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the Scout Services; (c) use any means to discover the source code of the Scout Services or to discover the trade secrets in the Scout Services; or (d) otherwise circumvent any functionality that controls access to or otherwise protects the Scout Services.
 
You are responsible for complying with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to your use of the Scout Services.
 

OUR RESPONSIBILITY

Scout is responsible for providing the Scout Services in accordance with these Terms and all applicable laws, rules and regulations.
 
We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the Scout Services (including Your Content as defined below).
 
Scout reserves the right but is not obligated to improve, enhance or modify the Scout Services. We will notify you in advance of changes to the Scout Services that may significantly adversely affect the manner in which you use the Scout Services or the manner in which the Scout Services perform.
 
Scout is not responsible for the content of Other Services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees (“Claims”) arising from your use of content, information, web sites, software, services and other materials of third parties with which you may interact when you use the Scout Services (collectively, “Other Services”).

 

YOU ACCESS OTHER SERVICES ENTIRELY AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OTHER SERVICES.
 

AVAILABILITY OF SERVICES


We use commercially reasonable efforts to make the Scout Services available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, emergency maintenance and/or any cause beyond our reasonable control (including without limitation nature disasters, wars, terrorist act, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers’ failures or delays and systemic electrical, telecommunications or other utility outages or failures).
 

REPRESENTATIONS AND WARRANTIES OF YOUR CONTENT

The Scout Services allow you to upload, transmit and use information, contacts, and other content to and through the Scout Services; this includes, but is not limited to, text, images, documents, files, contacts or other electronic materials that are stored, delivered, or otherwise made available using the Services (collectively, “Your Content”).

 

You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that Scout will use Your Content to provide the Scout Services to you. You have or will obtain all rights necessary to provide Your Content to Scout and you hereby grant Scout a worldwide license to use, reproduce, transmit, display and adapt your Content as necessary for Scout to provide the Scout Services to you in accordance with these Terms.

ACCEPTABLE USE

 

You will only use the Services for legal purposes and activities only, and your Use of Content must be in compliance with any applicable law. Your Content or Use thereof will not infringe the Intellectual Property of any third party. You will not use the Services to link to or allow access to third party Intellectual Property without proper authorization.

You will ensure Your Content and use of the Services does not:

 

1. Contain, promote, or sell pornography or pornographic sexual products, content or services;

2. Transmit or facilitate the transmission of child pornography, child erotica or bestiality;

3. Transmit or contain any private or personally identifying information about children without their consent (or their parents’ consent in the case of a minor);

4. Promote or sell illegal goods, illegal drugs, or contraband;

5. Facilitate gambling, regardless of whether it is legal in your jurisdiction;

6. Contain instructions on how to assemble or otherwise make bombs, grenades or other weapons;

7. Advocate, promote or otherwise encourage violence against any governments, organizations, groups or individuals;

8. Engage in any libelous, defamatory, threatening, or harassing activity;

9. Include grossly offensive materials, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content;

10. Promote, solicit or participate in deceptive advertising, products or services, including but not limited to pyramid schemes or multi-level channel and/or network marketing (MLM) businesses; Misrepresent your identity, mislead, or contain fraudulent information;

11. Contain any virus, Trojan horse, worm, or anything else that may be harmful to the Service or Scout's networks, systems, or other customers or users.

PROHIBITED USE

You will not Use or permit End Users to Use the Services for any of the following activities (“Prohibited Uses”):

 

1. Any activity or abuse of the Services, which may, in Scout's sole discretion, result in harm to systems or networks, or which may result in harm to any third-party services, systems, or networks;

2. Any attempt to breach security or authentication measures of networks, data, servers, databases, or the like, without the expressed authorization of their owner;

3. Any attempt to test, probe, or scan the vulnerability of any system or network without the expressed authorization of the owner of such network or system;

4. Any monitoring of traffic or data on any network or system without authorization from the owner of such network or system;

5. Any attempt to interfere or disrupt any service or network, including without limit denial of service attacks or any deliberate attempt to overload a system;

6. Any forging of TCP-IP packet headers or any part of the header information in newsgroup posting or emails;

7. Any usage or attempted usage of services for which you are not authorized to use.

ANTI-SPAM

You will not use nor permit any affiliated third parties to use the Services for Spam or without first obtaining any necessary consents required by law in the country of residence of the email recipient. You acknowledge that you are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) and the “data controller” (as such term is defined by the European Union’s General Data Protection Regulation) of any email message sent by you using Services.

RESTRICTIONS ON USE

You may use this Site only for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without Scout’ prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyperlink or deep-link to this Site without the express prior written consent of an authorized representative of Scout. For purposes of these Terms and Conditions of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party, in a manner that is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Scout in causing any unauthorized co-branding, framing, or linking to immediately cease.

VIOLATION OF THESE TERMS

You are responsible for immediately taking action to prevent or correct any known or suspected violation. If Scout believes in its sole discretion that you, or an End User, have violated these Terms, then Scout will attempt to notify you of such violation and Scout at its own discretion may immediately (1) remove all or a portion of your Content, (2) disable your use of the Services by rerouting traffic to your origin server, or (3) terminate the Services. Scout's failure to notify you will not limit its remedies or create any liability to accrue to Scout. Should Scout take action based on a violation of these Terms, you will not be entitled to any refund or abatement of fees. Scout may work with legal authorities as well as pursue criminal and/or civil charges relating to any violation of these Terms.

COPYRIGHT LIMITATIONS

Proprietary content from Scout is the property of Scout. As such, copyrighted material is protected by U.S. copyright and intellectual property laws. You may print copyrighted material for personal, noncommercial use only. You may not publish, copy, or otherwise reproduce any of Scout’ copyrighted material for public/commercial use and/or distribution. Any attempt to reproduce or commercially distribute any copyrighted material without the expressed written permission of Scout is strictly prohibited. Scout does not grant any expressed or implied rights to the user under any patents, trademarks, copyrights, or other similar rights. Use of editorial content without the expressed written permission of Scout is strictly prohibited.

THIRD PARTY TRADEMARK

All trademarks not owned by Scout that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, sponsored, or endorsed by Scout. 

ARBITRATION

 

You and Scout hereby agree that any dispute, claim, or controversy arising out of relating to the Terms, the Site, or the Services will be settled in binding arbitration between you and Scout—not in a court of law. The Federal Arbitration Act governs the interpretation and enforcement of this obligation to arbitrate. 

 

You and Scout hereby waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Scout otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. Notwithstanding the foregoing, both you and Scout retain the right to bring an individual action in small claims court (if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis) and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of either party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. 

 

You and Scout agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding. Unless both you and Scout agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Scout’s right to appeal the court’s decision. All other claims will be arbitrated. 

 

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate. 

A party who intends to seek arbitration must first send to the other, by certified mail, a completed form notice of dispute. If you and Scout are unable to resolve the claims described in the notice within thirty (30) days after the notice is sent, you or Scout may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party.  

 

The arbitration hearing will be held in a location agreed between you and us. If we cannot agree, either party may request an arbitrator to decide the location of the hearing. If the value of the relief sought is $10,000 or less, you or Scout may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Scout, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you or Scout may attend by telephone, unless the arbitrator requires otherwise. 

 

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator is not  bound by rulings in prior arbitrations involving different users. The arbitrator’s award is final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Unless otherwise determined by the arbitrator, each party will be responsible for their own fees.  

 

CHOICE OF LAW

 

These Terms are governed by the internal substantive laws of the State of Delaware without respect to its conflict of laws provisions. This choice of law and venue provision do not apply to the arbitration provision or any arbitrable disputes described above. Instead, the Federal Arbitration Act applies to such disputes.  

 

 

PRIVACY POLICY

Note that this Privacy Notice DOES NOT apply to any third-party websites, platforms, or activities, such as a Customer’s websites or marketing practices. If you are a Contact of our Customer(s), your use of a Customer’s website or receipt of marketing communications from a Scout Customer is governed by the Customer’s privacy notice, and Scout has no control over their privacy practices.

PRIVACY POLICY PERSONAL DATA PROTECTION


In the course of its activity and for the purposes of providing the Services (as defined in our General Terms of Use), Scout is required to collect and process the personal data of its users (hereafter referred to as the “Users”).

This privacy policy, implemented by Scout, is intended to provide the Users with a summary and overview of the processing of personal data carried out by Scout.

Scout attaches particular importance to the respect for the privacy of the Users and of the confidentiality of their personal data, and is thus committed to processing the data in compliance with the applicable laws and regulations.

DEFINITIONS


Personal data: any information relating to an identified or identifiable natural person, that is, a person who can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to that person.

Processing of personal data: any operation or any set of operations relating to personal data, whatever the process used, and in particular the collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, as well as locking, erasure, or destruction.

Cookie: a cookie is a piece of information placed on the hard drive of Internet users by the server of the site they visit. It contains several pieces of data: the name of the server which installed it, an identifier in the form of a unique number, and possibly an expiry date. This information is sometimes stored on the computer in a simple text file that a server accesses to read and save pieces of information.

DATA COLLECTED


Scout collects data from Users in order to make the Services for which they have subscribed to the platform available to them.

The mandatory or optional nature of the data provided (in order to complete the Users’ registration and to render the Services) is indicated at the time of collection through a link to our Terms & Conditions.

In addition, certain data is collected automatically as a result of the User’s actions on the site (see the paragraph on cookies).

PURPOSES


The personal data collected by Scout during the provision of the Services is necessary for the performance of the contracts concluded with the Users, or to allow Scout to pursue its legitimate interests while respecting the rights of the Users. Certain data may also be processed based on the Users’ consent.

The purposes for which Scout processes data are the following:

  • commercial and accounting management of the contract;

  • management of customer acquisition and marketing activities;

  • detection of malicious behavior (fraud, phishing, spam, etc.);

  • the improvement of the Users path on the site

  • more generally, any purpose that advances the automated processing of personal data relating to the management of users and their recipients.

 

TRANSFER OF DATA

Scout does not transfer or rent personal data to third parties for marketing purposes without the express consent of the Users of Scout.

In addition, personal data may only be disclosed to third parties for purposes other than marketing in the following cases:

with their authorization or at the request of the competent legal authorities, upon judicial request, or in the context of a legal dispute.
 

YOUR PRIVACY RIGHTS


Scout believes you should have the ability to control the Personal Information we collect and hold about you on your own. You can use the methods described below to control how we collect and use your Personal Information. 

  • Customer Accounts: Customers can change or delete the Personal Information in their accounts at any time by signing into the Platform and editing information or changing settings. Scout may offer instructions to guide Customers in making additional changes. A Customer can delete all of their Personal Information on Scout by closing the account. 

  • Contact Information: Customers can change or delete their Contacts’ Personal Information at any time by signing into the Platform and editing information or changing settings. Scout may offer instructions to guide Customers in making additional changes. If a Contact submits a Consumer Privacy Request directly to Scout, we will relay the request to the applicable Customer for further processing. 

  • Email Communications: If you are a Customer or Site visitor, we may send you marketing emails about the Services. Customers may also receive informational or support emails from us. If you do not wish to receive these emails, you may change your preferences via the links provided in the emails or by sending a request to hi@trustscout.com to be removed from our email list. Note that if you opt-out of marketing communications, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

  • Texting Consent: If you provide us with your wireless phone number, you consent to Scout sending you informational or service text messages. However, we will only send you marketing text messages if you opt-in to receive these notifications from us. For all Scout text messages, the number of texts you receive will depend on the Services you use and the information you request from us. You can unsubscribe from Scout text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.

  • Do Not Track: Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests. If this changes in the future, we will update this Privacy Notice.

 

Depending on where you reside, you may have additional privacy rights or be entitled to additional controls over your Personal Information. Please see our supplemental notices specific to residents of California. 

CONSUMER PRIVACY REQUESTS 


If you wish to exercise your privacy rights beyond the methods available through the Platform, or if you want to express concerns, lodge a complaint, or request information, please send an email to hi@trustscout.com.

Note that if you are a Customer’s Contact, then we process your Personal Information as a service provider to the Customer and we cannot fulfill your request directly. In that case, we will relay your request to the appropriate Customer for further processing and fulfillment, provided that we have sufficient information to do so.

Scout can only fulfill a request when we have sufficient information to verify that the requester is the person or an authorized representative of the person about whom we have collected Personal Information, and to properly understand, evaluate, and respond to the request. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We endeavor to respond to Consumer Privacy Requests in accordance with the requirements of the law applicable to your jurisdiction. Depending on the circumstances and the nature of your request, we may be unable to fulfill your request in part or in whole, for example, if your request falls within a statutory exception or if fulfilling your request would prevent us from complying with a statutory or contractual obligation. 

CALIFORNIA PRIVACY RIGHTS


This section provides residents of the State of California (“California Consumers”) with the disclosures and notices required under the California Consumer Privacy Act of 2018 (“CCPA”). The following paragraphs apply solely to California Consumers and describe the specific rights afforded under the CCPA. California Consumers may exercise the following rights over their Personal Information, subject to any exceptions and limitations that may apply:

  • Right to Know: You have the right to request that we disclose information to you about our collection and use of your Personal Information, such as: (i) the categories of Personal Information we have collected about you; (ii) the categories of sources for the Personal Information we have collected about you; (iii) our business or commercial purpose for collecting, selling or sharing your Personal Information; (iv) the categories of third parties with whom we disclose your Personal Information; and (v) a list of specific pieces of Personal Information we have collected about you. If a business sells or shares your Personal Information, you also You also have the right to ask the company to disclose the categories of your Personal Information sold or shared and the categories of third parties to whom that Personal information was sold or shared, as well as the categories of Personal information disclosed for a business purpose and the categories of recipients of that information. Scout is only required to respond to two disclosure requests from you within a 12-month period. 

  • Right to Access. You have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you over the past 12 months (also called a data portability request). If you submit a right to access request, we will provide you with copies of the requested Personal Information in a portable and readily usable format. Please note that Scout may be prohibited by law from disclosing copies of certain Personal Information when the disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our systems, or your account. We are only required by law to respond to two access requests from you within a 12-month period.  

  • Right to Correct. If you discover that we maintain inaccurate Personal Information about you, or if your Personal Information changes, please inform us and we will update our records to reflect the correct information.

  • Right to Deletion. You have the right to request that we delete Personal Information that we collected from you and retained, with certain exceptions. Scout may permanently delete, de-identify, or aggregate the Personal Information in response to a request for deletion. If you submit a right to deletion request, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete.

  • No Selling Personal Information.  Scout does not and will never sell your Personal Information to third parties.

  • Sharing Personal Information. Scout may share Personal Information we collect via cookies and other tracing technologies with third parties for cross-contextual behavioral advertising purposes. You can opt-out of this sharing by adjusting your cookie settings or by submitting a Consumer Privacy Request.

  • Limited Use and Disclosure of Sensitive Personal Information. Scout does not seek to collect sensitive Personal Information from any consumer. If a Customer chooses to input sensitive Personal Information into the Platform, we will not use or disclose Sensitive Personal Information for the purpose of inferring characteristics about any consumer. If this ever changes in the future, we will update this Privacy Notice and provide you with methods to limit use and disclosure of Sensitive Personal Information. However, we have no control over whether our Customers may use or disclose their contacts’ sensitive Personal information for any particular purpose. If you are a Contact of our Customers, please direct any questions about your sensitive Personal Information to the respective Customer. 

  • Right to Nondiscrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by law, we will not: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services; (iii) provide you a different level or quality of goods or services; or (iv) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under the CCPA.

  • Right to Disclosure of Marketing Information. Under California’s Shine the Light Act (Ca. Civ. Code § 1798.83-1798.84), California Consumers are entitled to request certain disclosures about Personal Information sharing with affiliates and/or third parties for marketing purposes. Please contact us if you wish to obtain these disclosures.

  • California Consumers may exercise these rights over their Personal Information by logging into their Customer account or by sending us a verifiable Consumer Privacy Request, subject to any exceptions and limitations that may apply. 

 

EMPLOYEE DATA EXCEPTION

In many cases, the Personal Information we collect about you is in a business-to-business context when you are acting as an employee to a Customer or potential Customer in the performance of your job duties. Please note that Personal Information collected and used in this context is not protected under the CCPA. 

ADDITIONAL TERMS REGARDING THE USE OF SCOUT'S APPLICATION AND GOOGLE USER DATA


Scout's platform complies with the Google API Services user Data Policy, including the Limited Use requirements. Any use and transfer of information received from Google API’s from Scout's platform to any other applications will require to adhere to Google API Services User Data Policy, including the Limited Use requirements.

As part of the Sign-In process, the user will be required to enter their username and password. Upon successful authentication with Google, Scout will be provided with tokens which will be stored in the user's account.

What data are you requesting?

Scout requests access to your view your email address and requests access to your email in order to read, compose, manage drafts, send and view emails, contacts, and metadata.

Who is requesting Google user data?
 

The request is made by the Scout.

Why are you requesting Google user data?

Scout uses the Google Sign-In API to provides user name/email for the authenticated user. This is displayed within Scout's application for the purpose of creating and verifying a Scout user account as well as indicating to the user the email account that is authenticated in order to provide Scout Services.

Scout does not have access to any user passwords at any time.

Scout reads, composes, manages drafts, sends and views emails, contacts, and metadata in order to provide its proprietary email automation services on the user's behalf.

What Google data is stored?

All data is stored on secure servers that are individually audited and certified by various internationally recognized compliance standards, including SOC 1, SOC 2, PCI-DSS, ISO/IEC 27001:2013 Certification and EU-U.S. and Swiss-U.S. Privacy Shield Certification.

Who has access to the data?

Data obtained using the Google Analytics API is only accessible to the Scout User in the account in which it is being accessed. No data is shared with third parties.

Notwithstanding anything else in the present Terms & Conditions, if you provide Scout access to your Gmail user data, Scout shall:

  • Only use access to read, write, modify, or control Gmail message bodies (including attachments), metadata, headers, and settings, allowing Scout to provide a web email client for you to compose, send, read, and process emails.

  • Limit use of data to providing or improving user-facing features that are prominent in the requesting application's user interface.

  • Only transfer the data to others if necessary to provide or improve user-facing features that are prominent in the requesting application's user interface. You may also transfer data as necessary to comply with applicable law or as part of a merger, acquisition, or sale of assets with notice to users.

  • Not use or transfer the data for serving ads, including retargeting, personalized, or interest-based advertising;

  • Not allow humans to read the data, unless:

    • First obtaining the User's affirmative agreement to view specific messages, files, or other data, with the limited exception of use cases approved by Google;

    • It is necessary for security purposes (such as investigating a bug or abuse);

    • It is necessary to comply with applicable law; or

    • Its use is limited to internal operations and the data (including derivations) have been aggregated and anonymized.

DATA SECURITY


Scout implements reasonable and appropriate security procedures and practices to help protect your Personal Information from unauthorized or illegal access, destruction, use, modification, or disclosure.

 

All data is stored on secure servers that are individually audited and certified by various internationally recognized compliance standards, including SOC 1, SOC 2, PCI-DSS, ISO/IEC 27001:2013 Certification and EU-U.S. and Swiss-U.S. Privacy Shield Certification.

 

We ensure that Scout employees, contractors, and agents responsible for handling your inquiries are informed of applicable privacy law requirements and we restrict access to those who need that information in order to process it. 

Please note, however, that no transmission of data over the internet is 100% secure. We cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes. We also have no control over our Customers’ security measures or practices, and we make no representations or guarantees that your Personal Information is secure once transmitted or stored on their systems.

It is your responsibility to keep your Customer account secure from unauthorized access. We encourage our Customers to take steps to protect against unauthorized access to their accounts, such as choosing a robust password, keeping the password private, and signing off after using a shared computer or other device. Scout is not responsible for any lost, stolen, or compromised passwords, or any unauthorized activity on your account.

THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY ARE SUBJECT TO CHANGE, UPDATE AND/OR REVISION (COLLECTIVELY "CHANGE") BY SCOUT IN ITS SOLE DISCRETION AT ANY TIME, WITHOUT NOTICE. YOUR USE OF THIS SITE AFTER ANY SUCH CHANGE CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF SUCH CHANGE. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE MOST CURRENT TERMS AND CONDITIONS OF USE AND PRIVACY POLICY REGULARLY.

Updated May 25, 2022