PR 20/20 will provide the Service to members during the term of this Agreement. You agree that your use of the Service will comply with all applicable federal, state, local and foreign laws, rules and regulations.
PR 20/20 will use commercially reasonable efforts to make the Service available on a 24 hours a day, 7 days a week, and 365 days a year basis, subject to events outside of its reasonable control.
You shall not sublicense, resell, lease, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party for such third party's benefit without express written consent from PR 20/20.
You agree that PR 20/20 is the sole owner of all intellectual property rights in and to the Service, the proprietary software used by PR 20/20 to deliver the Service (including all associated updates and documentation, the "Software"), and the Site, including but not limited to the structure, organization, design, algorithms, PR 20/20 system templates, data models, logic flow, and screen displays associated therewith. Your right to use the Service is non-exclusive and non-transferable.
You will not reverse engineer, decompile or disassemble the Software, and will not otherwise attempt to reconstruct or discover the source code for the Software. In addition, you agree not to modify, distribute, or alter the Software or Service without PR 20/20's prior written consent. PR 20/20 reserves all rights in the Service not expressly granted to you hereunder.
PR 20/20 shall have a royalty-free, worldwide, transferable, and perpetual license to use or incorporate into the Service any suggestions, ideas, enhancement requests, feedback, or other information provided by you.
The parties agree that all Content that may be accessed by or through your use of the Service is the sole responsibility of the person from whom the Content originated. You grant PR 20/20 the right to use, copy and distribute such Content: (a) as necessary to provide the Service; and (b) for the purpose of reasonable promotion and marketing by PR 20/20 of its Service. PR 20/20 also reserves the right to make disclosures of Content to governmental authorities and law enforcement, or to third parties, as PR 20/20 believes in good faith are required by law.
You agree that all user information provided to PR 20/20 by you, whether for purposes of obtaining a user name and password or otherwise, will be accurate and complete in all respects. You further acknowledge that you are solely responsible for: (a) all use of the Service made using your user names and passwords, and (b) maintaining the confidentiality of your user names and passwords. Only one individual may access the Service at the same time using the same user name and password. You agree to notify PR 20/20 immediately of any unauthorized use of email address, user name or password, or any other breach of security regarding the Service of which you become aware.
Use of your Personal Information
The most accurate Marketing Score results are dependent on the most accurate survey respondent inputs.
PR 20/20 collects and uses your personal information to operate and deliver the services you have requested. PR 20/20 may also use your personally identifiable information to inform you of other products or services available from PR 20/20 and its affiliates. You will always have the option to unsubscribe from promotional emails.
PR 20/20 does not sell, rent or lease its customer lists to third parties in which we do not have a formal agreement to provide services to PR 20/20 and our customers or prospects. PR 20/20 does not share personally identifiable information except as described in this policy. PR 20/20 may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you.
What information does PR 20/20 collect via Marketing Score?
PR 20/20 directly collects and compiles information that you input into survey responses (profile information, business information, subjective performance assessments). PR 20/20 also collects and compiles information indirectly from other sources (usage data, referral data, web analytics, etc.).
Information we collect directly from you:
Registration information. When you register for an account, we collect your username, password and email address.
Survey data. We store your survey data (responses) for you, along with the resulting reports and recommendations.
Other data you intentionally share. We may collect your personal information or data if you submit it to us in other contexts. For example, if you provide us with a testimonial, or participate in a contest or promotion.
Information we collect indirectly from other sources:
Online analytics. We collect usage data about you whenever you interact with our services. This may include which web pages you visit, what you click on, when you performed those actions, and so on. Additionally, like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses.
Device data. We collect data from the device and application you use to access our services, such as your IP address and browser type. We may also infer your geographic location based on your IP address.
Referral data. If you arrive at a PR 20/20 website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
Information from page tags. We use third party tracking services that employ cookies and page tags to collect aggregated and anonymous data about visitors to our websites. This data includes usage and user statistics.
How does PR 20/20 use the information we collect?
We treat your survey responses as information that is private to you. If members would like to share survey results, that is a personal option. PR 20/20 may use aggregated, anonymous data for industry research and insights. We do not sell your survey data to third parties.
For example, specific ways we use this information are listed below.
To provide you with our services.
This includes providing you with customer support.
Develop and offer automated and customized strategic recommendations.
To manage our services. We internally use your information, including certain survey data, for the following limited purposes:
To monitor and improve our services and features. We internally perform statistical and other analysis on information we collect (including usage data, device data, referral data, and information from page tags) to analyze and measure user behavior and trends, to understand how people use our services, and to monitor, troubleshoot and improve our services.
To contact you about your service or account. We occasionally send you communications of a transactional nature (e.g. service-related announcements, changes to our services or policies, a welcome email when you first register). You can't opt out of these communications since they are required to provide our services to you.
Will your personally identifiable information and data be shared?
The only time we will disclose or share your personal information or survey data with a third party is when we have done one of three things, in accordance with applicable law: (a) given you notice, such as in this Terms of Service (b) obtained your express consent, such as through an opt-in checkbox; or (c) anonymized the information so that individuals cannot be identified by it. Where required by law, we will obtain your express consent prior to disclosing or sharing any personal information.
We may disclose:
Your information to our service providers. We use service providers who help us to provide you with our services. We give relevant persons working for some of these providers access to your information, but only to the extent necessary for them to perform their services for us. We also implement reasonable contractual and technical protections to ensure the confidentiality of your personal information and data is maintained, used only for the provision of their services to us, and handled in accordance with this policy. Examples of service providers include software developers, payment processors, email service providers, and web traffic analytics tools.
Your information if there's a change in business ownership or structure. If ownership of all or substantially all of our business changes, or we undertake a corporate reorganization (including a merger or consolidation) or any other action or transfer between PR 20/20 entities, you expressly consent to PR 20/20 and its services transferring your information to the new owner or successor entity so that we can continue providing our services. If required, Marketing Score will notify the applicable data protection agency in each jurisdiction of such a transfer in accordance with the notification procedures under applicable data protection laws.
What are your rights to your information?
Update your account details. You can update your registration and other account information on your profile page, as well as your responses to the Marketing Score assessment. Information is updated immediately.
Download/backup your survey data. We provide you with the ability to download and share your survey data in a PDF document. This allows you to create your own backups or conduct offline data analysis.
Cancel your account. To cancel and delete your account, please contact Marketing Score support at firstname.lastname@example.org. Deleting your account will cause all the survey data in the account to be permanently deleted, as permitted by law, and will disable your access to your Marketing Score account. We will respond to any such request, and any appropriate request to access, correct, update or delete your personal information within the time period specified by law (if applicable) or without excessive delay. We will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law).
For how long do we retain your data? We retain your data for as long as you have an account with us, or to comply with our legal obligations, resolve disputes, or enforce our agreements.
This Agreement will continue until terminated as set forth in this Section.
You may terminate this Agreement (in whole or in part) for convenience by providing written notice of termination to PR 20/20. PR 20/20 may terminate this Agreement (in whole or in part) for its convenience by providing at least thirty (30) days written notice of termination to you.
PR 20/20 will have the right at its option to either terminate this Agreement or suspend your use of or access to the Service in the event you breach this Agreement. The Sections entitled Proprietary Rights, Warranties, and Indemnification shall survive any termination of this Agreement.
PR 20/20 does not warrant that the Service will operate without interruption or error-free. To the extent that data is being transmitted over the Internet hereunder, you acknowledge that PR 20/20 has no control over the functioning of the Internet and PR 20/20 makes no representations or warranties of any kind regarding the performance of the Internet.
You, at its expense, shall indemnify, defend and hold harmless PR 20/20 and its affiliates, officers, employees, agents, and directors ("Indemnified Parties") against any claims, losses, liabilities, costs, expenses (including but not limited to attorneys' fees), actions, suits or proceedings arising out of or relating to: (a) your use of the Service, (b) your breach of this Agreement; (c) your failure to comply with any applicable laws and regulations, and (d) your infringement of any third-party intellectual property rights or rights of privacy or publicity.
This Agreement constitutes the entire understanding of the parties with respect to its subject matter, and supersedes all prior or contemporaneous written and oral agreements with respect to its subject matter. No waiver of any provision of this Agreement, or of any rights or obligations of any party hereunder, will be effective unless in writing and signed by the party waiving compliance.
The Service is delivered and hosted from the United States. You acknowledge that access to the Service from outside the United States may be subject to United States and other countries' export laws, as well as the general laws.
You may not assign or transfer its rights or obligations under this Agreement without the prior written consent of PR 20/20, and any such attempted assignment shall be null and void.
You may print and keep a copy of this Agreement.
PR 20/20 reserves the right, in its sole discretion, to modify or change this Agreement at any time by posting the changes to the Site. Your continued use of the Service following the posting of such changes constitutes acceptance of those changes. PR 20/20 will use reasonable commercial efforts to provide notice of material changes to you. PR 20/20 also reserves the right to modify the Site and the Service at any time without prior notice to you.