TERMS AND CONDITIONS OF ACCESS

Revised December 2019

Please read the following terms and conditions carefully.  By accessing, browsing or using the information in this Website, you agree to these terms and conditions.  If you do not agree, you should not use this Website.  

The material provided on or accessed by way of this Website is protected by law, including without limitation, United States copyright laws and international treaties.  This Website is controlled and operated by ProSoft Technology from its offices within the State of California, United States of America.  A User who accesses this Website from locations outside of the United States does so on his/her own initiative and is separately responsible for compliance with any applicable local, national or international  laws and regulations on internet usage and Website access.

ProSoft Technology will use reasonable efforts to include accurate and up-to-date content in this Website.  However, information on this Website including illustrations, specifications and dimensions may contain technical inaccuracies or typographical errors.  ProSoft Technology makes no warranty or representation as to its accuracy and assumes no liability for and reserves the right to correct such inaccuracies or errors at any time without notice.  ProSoft Technology may also make changes, updates and improvements to this Website or these access terms and conditions, at any time without notice.  ProSoft Technology may also make improvements and/or changes to the products and/or to the programs described in the content at any time without notice.  

The trademarks, service marks, and logos used or displayed on this Website (the "Trademarks") are registered and unregistered trademarks of ProSoft Technology, its affiliates, related companies, licensors, and/or joint venture partners.  The use or misuse of these trademarks, or any other content of this Website, except as permitted herein, is expressly prohibited and may be in violation of intellectual property laws which shall be aggressively enforced.  ProSoft Technology prohibits use of any ProSoft Technology trademark as a "hot" link to this Website without prior written permission granted.

This Website may contain links to third-party Websites.  Such linked Websites are not under the control of ProSoft Technology, and ProSoft Technology assumes no responsibility for the contents of any such linked Website, any link contained in a linked Website, any changes or updates to such linked Websites, or any material transmitted or downloaded from any linked Website.  ProSoft Technology is providing these links to third-party Websites solely as a convenience to you.  ProSoft Technology does not determine and is not responsible for the privacy or security policies or practices of those Websites. You should independently determine the privacy and securities polices and practices of such Websites and make your own decision as to what information to disclose.

The entire content (images and text) of this Website is copyrighted and may not be distributed, downloaded, modified, reused, reposted or otherwise used, except as provided herein, without the express written permission of ProSoft Technology.  You may download content only for your personal, non-commercial use.

We conduct our business in compliance with applicable laws on data privacy and security and take precautions to protect personal identifiable information obtained from our Website visitors against unauthorized access and use. More detailed information on our Privacy Policy is available HERE.

WITHOUT LIMITING THE FOREGOING,THE MATERIALS MAINTAINED ON OR ACCESSED BY WAY OF THIS WEBSITE (INCLUDING SOFTWARE) ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.  PROSOFT TECHNOLOGY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF ANY USE OF, OR OTHERWISE RESPECTING, THE MATERIALS MAINTAINED ON OR ACCESSED BY WAY OF THIS WEBSITE OR ANY WEB WEBSITE LINKED TO THIS WEBSITE.  IT IS RECOMMENDED THAT YOU INDEPENDENTLY TEST AND EVALUATE PRODUCTS FOR THEIR INTENDED USE.

UNDER NO CIRCUMSTANCE (INCLUDING NEGLIGENCE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW) WILL PROSOFT TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERLING THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, DELAYS, LOSS OF DATA OR PROFIT) ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS MAINTAINED ON OR ACCESSED BY WAY OF THIS WEBSITE OR ANY ERRORS OR OMISSIONS IN ITS CONTENT, EVEN IF PROSOFT TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF USE OF SUCH MATERIALS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF USER EQUIPMENT OR DATA, USER ASSUMES ANY COSTS ASSOCIATED THEREWITH. THEREFORE, YOU AGREE THAT ALL ACCESS AND USE OF THIS WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN PROSOFT’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  

You agree to indemnify, defend and hold harmless ProSoft Technology, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the website and/or any materials, products, or services contained or referenced therein.

Any rights not expressly granted herein are reserved by ProSoft Technology, Inc.

PROSOFT PRIVACY POLICY

Revised December 2019

ProSoft Technology, Inc. and its subsidiaries and affiliates (“ProSoft”, “we”, “our”, or “us”) respect your right to privacy.  This Privacy Notice explains who we are, how we collect, share and use personal information about you, and how you can exercise your privacy rights.  This Privacy Notice only applies to personal information that we collect through our websites and the websites of our affiliates and subsidiaries (“Website”). 

If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided at the bottom of this Privacy Notice.

For more information about ProSoft, please see the “About Us” section of our Website www.prosoft-technology.com/about-us.

Quick links

We recommend that you read this Privacy Notice in full to ensure you are fully informed.  However, if you only want to access a particular section of this Privacy Notice, then you can click on the relevant link below to jump to that section.

• What personal information does ProSoft collect and why?
• Who does ProSoft share my personal information with?
• Linked Sites
• Legal basis for processing personal information 
• Cookies and similar tracking technology 
• How do we keep your personal information secure?
• International data transfers
• Data retention
• Children and privacy
• Your data protection rights
• Modifications to our privacy notice

What personal information does ProSoft collect and why?

The personal information that we may collect about you broadly falls into the following categories:

• Information that you provide voluntarily
  Certain parts of our Website may ask you to provide personal information voluntarily: for example, we may ask you to provide your name, address, e-mail address, company affiliation, telephone number, and other similar information. From time to time our Website may request additional information from users via surveys or contests.  Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose additional information that may be requested.  Information requested via surveys and contests may include additional demographic information.

  We use personal information for purposes of administering our business activities and providing customer service. The Personal Information you provide to us when filling out and submitting an online form or requesting us to contact you will be used for the purpose for which it was provided – such as contacting you or processing a request.

  Occasionally, we may also use the personal information we collect to notify you about important changes to our Website, new services and special offers we think you will find valuable. Any lists used to send you product and service offers are developed and managed under our traditional company standards designed to safeguard the security and privacy of our customers' personal information. As a customer, you will be given the opportunity, after registration, to notify us of your desire not to receive any further e-mails from us.

• Information that we collect automatically
  When you visit our Website, we may collect certain information automatically from your device.  In some countries, including countries in the European Economic Area, this information may be considered personal information under applicable data protection laws.

  Specifically, the information we collect automatically may include information like your IP addresses, Internet domain names, the web browser and operating system used to access the Website, the files or pages visited, the time spent in each file or page, and the time and date of each visit. We use this information to improve our Website, for example by enhancing pages or features that are visited frequently, and on occasion we may share this information with our affiliates or other third party companies to provide them with an indication of the amount of interest in our Website for advertising purposes and to help us plan for technical improvements.

  Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Cookies and similar tracking technology” below.

• Information that we obtain from third party sources
  From time to time, we may receive personal information about you from third party sources, but we will retain or process such information only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us, or where we have your consent or other legal grounds exist to allow us to retain or process such information. 

  The types of information we collect from third parties may include marketing information provided by trade shows and professional and other relevant information available to us on social networks about employment candidates. We use the information we receive from these third parties to allow us to make more informed decisions, improve the accuracy of records we hold, and occasionally to reach out to you regarding items or issues we believe interest you.

In general, we will use the personal information we collect from you only for the purposes described in this Privacy Notice or for purposes that we explain to you at the time we collect your personal information.  However, we may also use your personal information for other purposes that are not incompatible with the purposes we have disclosed to you (such as archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes) if and where this is permitted by applicable data protection laws.

Who does ProSoft share my personal information with?

We may disclose your personal information to the following categories of recipients:

• to our group companies, third party services providers and partners who provide data processing services to us (for example, to support the delivery of, provide functionality on, or help to enhance the security of our Website), or who otherwise process personal information for purposes that are described in this Privacy Notice or notified to you when we collect your personal information. ProSoft is a subsidiary of Belden Inc. As a result, ProSoft’s group companies include Belden Inc. and its affiliates and subsidiaries. A list of Belden’s Inc.’s current affiliates and subsidiaries is available in Belden Inc.’s most recent annual report on Form 10-K, filed with the United States Securities and Exchange Commission and available at  http://investor.belden.com/investor-relations.
• to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
• to a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice;
• to any other person with your consent to the disclosure.

For the avoidance of doubt, we also contract with select third parties in connection with the delivery of services to our clients. This may include, but is not limited to, Web-based services that include e-mail delivery and content streaming that may collect non-personally identifiable visitor data including IP address and pages visited. These third parties may only use personally identifiable information, for example, e-mail addresses, for the service requested and not for their own marketing purposes.

Linked Sites

It is important to note that our Website contains links to other websites and that those other websites will not follow the same privacy notice.  This includes links from advertisers, content providers and trade partners who may use our logo and/or style as part of a co-branding agreement. These other websites may collect data from you that we would not and may use that data in ways that we would not. We encourage you to familiarize yourself with the privacy policies of such third parties to determine how they handle any information they separately collect from you.

Our Website includes Social Media features, such as the Facebook, Twitter or LinkedIn “sharing” or “follow” buttons. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account. To this end, such features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. This Privacy Policy does not apply to these features, instead they will be covered by the policies of the companies providing them.

Legal basis for processing personal information

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. 

However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.  In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If we ask you to provide personal information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). 

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How to contact us” heading below.

Cookies and similar tracking technology

We use cookies and similar tracking technology (collectively, “Cookies”) to collect and use personal information about you, including to serve interest-based advertising.  For further information about the types of Cookies we use, why, and how you can control Cookies, please see our Cookie Notice at http://www.prosoft-technology.com/privacy#cookieconsentpolicy.

How do we keep your personal information secure?

We use appropriate technical and organisational measures to protect the personal information that we collect and process about you.  The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. 

International data transfers

Your personal information may be transferred to, and processed in, countries other than the country in which you are resident.  These countries may have data protection laws that are different to the laws of your country.

Specifically, certain Website assets and our corporate headquarters are located in the United States, and our group companies  and third party service providers and partners operate around the world.  This means that when we collect your personal information we may process it in any of these countries.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice. We have implemented an appropriate data transfer agreement utilizing standard contractual clauses and are in the process of initiating Binding Corporate Rules program.

Data retention

We retain personal information we collect from you when we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). 

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Automated decision-making

In some instances, our use of your personal information may result in automated decisions being taken that legally affect you or similarly significantly affect you. 

Automated decisions mean that a decision concerning you is made automatically on the basis of a computer determination (using software algorithms), without human review. For example, we may use automated decisions to screen résumés. If such automated decision making procedures are implemented, we will take appropriate measures to safeguard the rights and interests of individuals whose personal information is subject to automated decision-making.

When we make an automated decision about you, you have the right to contest the decision, to express your point of view, and to require a human review of the decision.  You can exercise this right by contacting us using the contact details provided under the “How to contact us” heading below.

Children and privacy

We do not knowingly collect information from or about children age 13 and under.

Your data protection rights and data subject access rights

Users residing in Europe have the following data protection rights:

• If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us in a manner consistent with our Data Subject Access Rights policy (“DSAR Policy”). 
• In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights in a manner consistent with our DSAR Policy
• You have the right to opt-out of marketing communications we send you at any time.  You can exercise this right by clicking on the “unsubscribe,” “opt-out,” or similar link in the marketing e-mails we send you.  To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us in a manner consistent with our DSAR Policy
• Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time.  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your personal information.  For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries (including the US and Canada) are available here.)

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with our Data Subject Access Rights Policy and applicable data protection laws.

Belden’s corporate Data Subject Access Rights Policy (which applies to ProSoft) and more detailed information on how to submit a request may be found at http://www.belden.com/about/privacy.

Modifications to Our Privacy Notice

We reserve the right to change our Privacy Notice at any time, except as may be prohibited by law. We will post revisions online. Use of our Website after the Privacy Notice has changed means that you consent to the Privacy Notice as changed.

How to Contact Us

If you have any questions or would like additional information about our privacy practices, please do not hesitate to contact us as provided below:

ProSoft Technology, Inc.
9201 Camino Media, Suite 200
Bakersfield, CA 93311, USA
661-716-5254
Email: prosoft.legal@prosoft-technology.com

Belden Legal Department
1 N. Brentwood Blvd., 15th Floor
St. Louis, MO 63105, USA
Email: belden.legal@belden.com; belden.privacy@belden.com

The data controller of your personal information is ProSoft Technology, Inc., a California corporation.

PROSOFT COOKIE POLICY

Revised December 2019

This Cookie Statement explains how ProSoft Technology Inc., and its affiliates and subsidiaries (collectively “ProSoft”, "we", "us", and "ours") use cookies and similar technologies to recognise you when you visit our websites at www.prosoft-technology.com, and other ProSoft Technology owned websites ("Websites").  It explains what these technologies are and why we use them, as well as your rights to control our use of them. For additional information regarding our privacy practices, please visit prosoft-technology.com/privacy

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website.  Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information. 

Why do we use cookies?

We use first party cookies (cookies set by ProSoft) and third party cookies (cookies set by someone other than ProSoft) for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Websites.   Third parties serve cookies through our Websites for functionality, analytics, advertising, and other purposes.  This is described in more detail below.

Types of cookies we use, and how you can control them.

The specific types of first and third party cookies served through our Websites and the purposes they perform are described in the paragraphs that follow.

Essential website cookies.  Essential website cookies are strictly necessary to provide you with services available through our Websites and to use their features, such as to access secure areas.  As a result of the essential nature of essential website cookies, they cannot be refused.  You can, however, block or delete them by changing your browser settings as described below under the sub-heading, “Controlling Cookies.”

Performance and functionality cookies. Performance and functionality cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use.  Without these cookies, certain functionality (like videos) may become unavailable.

Analytics and customisation cookies.  Analytics and customization cookies collect information that is used in an aggregate, anonymous form to help us understand how our Websites are being used, or to help us customize our Website to fit your preferences. This information is used for statistical purposes only and it is not our intention to use such information to personally identify any user. However, if you have registered and signed into this Website we may combine this information with information from our web analytic services and cookies to analyse how you use this Website in more detail.

Advertising cookies. Advertising cookies are used to make advertising messages more relevant to you.  They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.

Social networking cookies.  Social networking cookies are used to enable you to share pages and content that you find interesting on our Websites through third party social networking websites. These cookies may also be used for advertising purposes.

Controlling Cookies?

You have the right to control and manage cookies in various ways. Please bear in mind that blocking or refusing cookies can impact your user experience, and parts of our Websites may no longer be fully accessible.

Most web browsers will allow you to see what cookies you have and delete them on an individual basis or block cookies from specific or all websites. For more information on how to modify your browsers settings to block or filer cookies, please see www.aboutcookies.org or www.cookiecentral.com/faq.  In addition, most advertising networks offer you a way to opt out of targeted advertising.  If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.

Our Websites also use Google Analytics, a popular web analytics service offered by Google. You can opt-out of having your anonymized browsing activity within websites recorded by Google Analytics by clicking on the following link: https://policies.google.com/privacy. 

What about other tracking technologies, like web beacons?

Cookies are not the only way to recognise or track visitors to a website.  We may use other, similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs").  These are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our Websites, or opened an e-mail that we have sent them.  This allows us, for example, to monitor the traffic patterns of users from one page within our Websites to another, to deliver or communicate with cookies, to understand whether you have come to our Websites from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns.  In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.

Do you use Flash cookies or Local Shared Objects?

Our Websites may also use so-called "Flash Cookies" (also known as Local Shared Objects or "LSOs") to, among other things, collect and store information about your use of our services, fraud prevention and for other site operations.

If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel. You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to "information" on the Adobe site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).

Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.

Do you serve targeted advertising?

Third parties may serve cookies on your computer or mobile device to serve advertising through our Websites. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these.

How often will you update this Cookie Statement?

We may update this Cookie Statement from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons.  Please therefore re-visit this Cookie Statement regularly to stay informed about our use of cookies and related technologies.  The date at the top of this Cookie Statement indicates when it was last updated. 

Where can I get further information?

If you have any questions about our use of cookies or other technologies, please email us at prosoft.legal@prosoft-technology.com