Privacy Policy
AppFirst, Inc. (“AppFirst”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Application Data and Personal Data (each as defined below) that we collect from users of our website (located at www.appfirst.com), the AppFirst products (the “Products”), or related services. This Privacy Policy is incorporated into, and considered a part of, the AppFirst Terms of Use, currently located at www.appfirst.com.
User Consent
By submitting or making available Application Data or Personal Data through our website, Products, or related services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Application Data and Personal Data in accordance with this Privacy Policy. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
Types of Data We Collect
AppFirst collects Personal Data and Anonymous Data from you when you visit our site, when you send us information or communications, and/or when you download and use our Products. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data about you that is not associated with or linked to your Personal Data (but does not include Application Data, which is covered later in this Privacy Policy), such as zip code, gender, preferences, interests and favorites; Anonymous Data does not permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
Personal Data You Provide to Us
We collect Personal Data from you, such as first and last name, e-mail and mailing addresses, telephone number, professional title, company name, and password, when you purchase Products, register to receive information, or register for support forums. In addition, we (or our third-party credit card or payment processor on our behalf) will collect Personal Data including your credit card number or account information when you purchase Products or services on our website. We also retain information on your behalf, such as the Personal Data described above and any correspondence or forum postings. If you provide us feedback or contact us via e-mail (e.g., in response to an employment opportunity posted on our website), we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply, and any information that you submit to us, such as a resume. When you participate in one of our surveys, we may collect additional profile information. When you post messages on the message boards of our website, the information contained in your posting will be stored on our servers and other users will be able to see it. We also collect other types of Personal Data that you provide to us voluntarily, such as operating system and version, information about your application and operating environment, and other requested information if you contact us via e-mail regarding support for the Products. We may also collect Personal Data at other points in our website that state that Personal Data is being collected.
Personal Data Collected via Technology
To make our website, Products, and related services more useful to you, our servers (which may be hosted by a third-party service provider) collect Personal Data from you, such as browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We may also use Cookies (as defined below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our website or access your account on our network.
Use of Your Personal Data
In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. AppFirst uses your Personal Data in the following ways: to facilitate the creation of and secure your account on our network; identify you as a user in our system; provide improved administration of our website, Products, and related services; improve the quality of experience when you interact with our website, Products, and related services; send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created; send you administrative e-mail notifications, such as security or support and maintenance advisories; respond to your inquiries or other requests; send promotional communications; provide you with hardcopy or electronic newsletters, or surveys; send upgrades and special offers related to our Products and related services and for other marketing purposes of AppFirst or AppFirst partners; make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback.
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data not personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Products and services and improve site navigation. AppFirst reserves the right to use for other purposes and to disclose Anonymous Data to third parties in its discretion.
If you provide feedback on any of our Products or related services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your Application Data or your Personal Data. AppFirst will collect any information contained in such communication and will treat the Application Data and Personal Data in such communication in accordance with this Privacy Policy.
Disclosure of Your Personal Data
We may share your Personal Data with third parties to provide technical support or to provide specific services, such as hosting of your applications or payment processing for purchases.
We may enter into agreements with an AppFirst partner. An AppFirst partner may want access to Personal Data that we collect from our customers. As a result, we may provide your Personal Data to an AppFirst partner. Because we do not control the privacy practices of our AppFirst partners, you should read and understand their privacy policies.
Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Related Entities”), we may in the future. We may share some or all of your Personal Data with these Related Entities, in which case we will require our Related Entities to honor this Privacy Policy. If another company acquires our company or our assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
Regardless of any choices you make regarding your Personal Data (as described below), AppFirst may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on AppFirst; or (b) protect or defend the rights or property of AppFirst or users of the Products or related services.
Except as otherwise stated in this policy, we do not generally sell, trade, share, or rent the Personal Data collected from our services to third parties. You expressly consent to the sharing of your Personal Data as described in this policy.
Your Choices Regarding Your Personal Data
We offer you choices regarding the collection, use, and sharing of your Personal Data. We will periodically send you free newsletters and e-mails that directly promote the use of our site or the purchase of our Products or services and may contain advertisements for third parties. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Policy.
You may change any of your Personal Data in your account by editing your profile within the registration portion of our website or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your account information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete account information, it will be deleted from the active database, but may remain in our archives.
Types of Application Data We Collect
AppFirst collects Application Data when our Products are deployed in your applications. “Application Data” means data about the performance of your application, system data (such as version data, names of processes, etc.) about the environment in which your application is operating, data about network connections in your application (“Transaction Data”), stack sizes, and other similar data related to your application.
Use of Your Application Data
Application Data we collect is primarily used to display application performance information back to the account user. It is also used by AppFirst personnel to answer questions that customers may have about their account and to develop and improve our products. AppFirst may also aggregate Application Data across multiple accounts and use this data to create and publish industry benchmarks or comparative application performance metrics. You also have the option of disabling collection of certain types of Application Data collected through our Products and services, which you may exercise by following the instructions in the user manual for the applicable Product or service.
Disclosure of Your Application Data
We may share your Application Data with third parties to provide technical support or to provide specific services, such as hosting of your applications.
We may enter into agreements with an AppFirst partner such as hosting companies or other services providers. An AppFirst partner may want access to Application Data that we collect from its customers. As a result, we may provide your Application Data to an AppFirst partner on a confidential basis in order assist an AppFirst partner in providing customer support. Because we do not control the privacy practices of our AppFirst partners, you should read and understand their privacy policies.
AppFirst may disclose Application Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on AppFirst; or (b) protect or defend the rights or property of AppFirst or users of the Products or related services.
Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control, we may in the future. We may share some or all of your Application Data with these Related Entities, in which case we will require our Related Entities to honor this Privacy Policy. If another company acquires our company or our assets, that company will possess the Application Data collected by it and us and will assume the rights and obligations regarding your Application Data as described in this Privacy Policy.
Except as otherwise stated in this policy, we do not generally disclose the Application Data collected from our services to third parties without consent from you. You expressly consent to the sharing of your Application Data as described in this policy.
Security of Your Application and Personal Data
AppFirst is committed to protecting the security of your Application Data and Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Application Data and Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. Despite these measures, you should know that AppFirst cannot fully eliminate security risks associated with Application Data and Personal Data and mistakes and security breaches may happen.
Use of Cookies
The AppFirst site uses “cookies” to enable you to sign in to our services and to help personalize your online experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies contain information that can later be read by a Web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer.
One of the primary purposes of cookies is to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content and appropriate advertising on your later visits to the site.
When you sign in to the site using your id and password credentials, we store your unique ID number, and the time you signed in, in an encrypted cookie on your hard disk. This cookie allows you to move from page to page at the site without having to sign in again on each page. When you sign out, these cookies are deleted from your computer. We also use cookies to improve the sign in experience.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of the AppFirst site and services that depend on cookies, and some advertising preferences that are dependent on cookies may not be able to be respected.
If you choose to accept cookies, you also have the ability to later delete cookies that you have accepted. In Internet Explorer 7, you can delete cookies by selecting “Tools”, “Delete browsing history” and clicking the “Delete Cookies” button. If you choose to delete cookies, any settings and preferences controlled by those cookies, including advertising preferences, will be deleted and may need to be recreated.
Use of Web Beacons
AppFirst pages may contain electronic images known as Web beacons – sometimes called single-pixel gifs – that may be used to assist in delivering cookies on the site and allow us to count users who have visited those pages and to deliver co-branded services. We may include Web beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon.
AppFirst may also employ Web beacons from third parties in order to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other operations of the site. We prohibit Web beacons on the site from being used by third parties to collect or access your personal information.
Finally, we may work with other companies that advertise on the site to place Web beacons on their sites in order to allow us to develop statistics on how often clicking on an advertisement on the site results in a purchase or other action on the advertiser’s site.
Collection and Use of Children’s Personal Information
The AppFirst site and service are intended for general audiences and do not knowingly collect any personal information from children. When the AppFirst site does collect age information, and users identify themselves as under 13, the site will either block such users from providing personal information, or will seek to obtain consent from parents for the collection, use and sharing of their children’s personal information. We will not knowingly ask children under the age of 13 to provide any information.
Limitation of Warranty
While we attempt to ensure the accuracy of the information displayed on the site, the correctness, completeness or accuracy of such information is not warranted and is provided “AS IS”. We disclaim any and all express or implied warranties with respect to any products sold on the site, including the warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY OR ANY OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFIT, BUSINESS OR DATA) ARISING OUT OF THIS POLICY OR USE OF THE SITE.
Contact Information
AppFirst welcomes your comments or questions regarding this Privacy Policy. Please mail us at:
AppFirst, Inc.
Attn: Legal Department
6 W 14th St, Suite 4E
New York, NY 10011
Changes to This Privacy Policy
This Privacy Policy is subject to occasional revision, and if we make any substantial changes in the way we use your Application Data and Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our website. Any material changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you of the changes, thirty (30) calendar days following our posting of notice of the changes on our site, or the date that you accept the changes (e.g., by clicking an “I Accept” button or similar means). These changes will be effective immediately for new users of our website, Products or related services. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Application Data or Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Application Data or Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our website, Products, or related services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
This Privacy Policy was last revised on January 1, 2010.