Privacy Policy.

FPX, LLC.

Last Updated: November 27, 2017

 

Our Commitment ...

Your privacy is important to us. This privacy statement explains what personal data FPX, LLC (FPX) collects from you through our interactions with you, through our products, and how we use that data.

FPX offers the most powerful Configure, Price and Quotation products in the world, as well as services you can engage to tailor our products to your specific needs. References to FPX® products and services in this statement include FPX software, services, websites and mobile apps.  This statement applies to FPX’s interactions with you and the FPX products and services listed below.

Core Products

The FPX® core product line consists of the following offerings:

1. Configure-Price-Quote® engine – (Smart CPQ)

2. Product Data Manager (PDM)

3. Firepond by FPX® Data Manager (FDM)

4. Enterprise Data Manager (EDM)

5. Contract Management (CM)

Services

In addition, FPX provides the following customization and support services:

1. Personalization Service

2. Business Operations and Sustaining Engineering

3. Data Management Services

Personal Data We Collect and Share

WHY?  FPX collects data to operate effectively and provide you the best experiences with our products. You provide some of this data directly, such as when you create an account in one or more of our products, administer your organization’s account, interact with our website FPX.com, or contact us for support. We get some of it by recording how you interact with our products by, for example, using technologies like cookies or usage data from software running on your device such as your internet browser.  We regard your nonpublic personal information to be private and confidential.

WHAT?  The types of information we collect and share is consistent to that information required to provide our products and services.  This information can include any of the following:

Name and contact data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.

Credentials. We collect passwords and similar security information used for authentication and account access.  We collect information using cookies, which allow us to enable you to sign-in; combat fraud; and analyze how our websites and online services are performing.   You have a variety of tools to control cookies, including settings in your browser, to block and delete cookies.  Your browser settings may impact your experiences with our products and/or services.

Device and Usage data. We collect data about your device and how you and your device interact with FPX and our products. For example, we collect:

  • Device, connectivity and configuration data. We collect data about your device and the network you use to connect to our products. It includes data about the browser installed on your device. It also includes IP address, device identifiers (such as the IMEI number for phones), regional and language settings.
  • Operational data. We collect operational logs of your interactions with our products in order to monitor our product performance and also to improve our ability to troubleshoot potential issues.
  • Troubleshooting and Help Data. When you engage FPX for troubleshooting and help, we collect data about you and your hardware, software, and other details related to the incident. Such data includes contact or authentication data, the content of your chats and other communications with FPX, data about the condition of the machine and the application when the fault occurred and during diagnostics, and other data about software installations and hardware configurations.

Content. We collect the content of your files and communications when necessary. If you send an email to FPX, we need to collect the content of that email to enable our reply to you. Other data we collect to provide communication services to you include the:

  • subject line, body and attachments of an email,
  • text or other content of an instant message,
  • video and audio recording of an internet-based meeting,
  • audio recording of a voice message

We also collect messages you send to us, such as feedback and product reviews, or questions and information you provide for customer support. When you contact us, such as for customer support, phone conversations or chat sessions with our representatives may be monitored and recorded.

We host our products using a third party cloud service, Microsoft Azure.  Microsoft Azure certifies its adherence with the Privacy Shield principles at Azure Compliance.

How We Use Personal Data

HOW?  We strongly believe that the foundation of all of our user relationships is based on a trust that we provide information required to provide our products or services in a responsible manner.  FPX uses the data we collect to operate our business and provide you the products and services we offer, which includes using data to improve our products and personalize your experiences. We also may use the data to communicate with you, for example, informing you about your account, security updates and product information.

Our users trust us to comply with our privacy terms to protect confidential and private information, accordingly, we do not share nonpublic personal information about our users unless required for the provision of services or products or as required or permitted by law.  We do not use what you say in email, chat, video or voice mail, or your documents, photos or other files for any purpose other than to provide our products and services to you.

Reasons We Share Personal Data

We share your personal data as necessary to complete any transaction or provide any product or service you have requested or authorized. We also share data with vendors working on our behalf; when required by law or to respond to a legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights or property of FPX.

Reasons we can share your personal information

Do We share?

Can You limit?

For our everyday business purposes – payment processing, maintaining our users accounts, and as necessary for identity verification, collections, or reports to credit bureaus. 

YES

NO

For our marketing purposes – To offer our services to you.

YES

NO

For our news updates – To send our news updates to you.

YES

YES

For joint marketing with other companies

YES

YES

For our agents’ everyday business purposes on our behalf

YES

NO

For our agents’ everyday business purposes not on our behalf

NO

N/A

For third parties to market to you using nonpublic information

NO

N/A

 

Our Sharing Practices

How often do we notify you about our practices?  We provide this information through a link on our website and our application.  This Privacy Policy may be amended from time to time without direct notice.

How do we protect your personal information?  We use commercially reasonable standard security measures, including computer safeguards, secured user accounts and confidentiality obligations with our agents.

How do we collect your personal information?  We may collect user’s non-public, personal information, for example, when they:

  • Open a user account
  • Pay for products or services
  • Communicate with us regarding services

Why can’t I limit all sharing?  We are permitted and in some instances required under state, federal or country law to use such information for our business needs; as noted above we have elected to not share such nonpublic personal information with third parties.  You have the right to opt-in or opt-out to any public communication we offer such as a newsletter and/or providing comments on any public blog. You may opt-out of such public communications at any time.

Definitions

Everyday business purposes  The actions necessary by us to provide our products and services, including without limitation sales of products, payment processing, collections if required, and as necessary to comply with our credit card processing obligations (if applicable).  At your option, you may also participate in our public communications such as a blog and/or newsletter.

Agents  Companies under contract with us to provide services on our behalf (e.g. our designated service providers).

Third Parties  Companies not related by common ownership or control, and not under contract with us.

Joint marketing  A formal agreement between third parties outside of the Company to market products or services to you. 

Restricted Parties  Our products and services are intended for adults age 18 or older.  Our products and services are not intended or designed to attract attention of minors.

How to Access & Control Your Personal Data

FPX offers choices to individuals for limiting the use and disclosure of personal data.  On our website: www.FPX.com, you may fill out the “Contact Us” form at Contact FPX to request more information about FPX. You will be required to fill out this form before downloading certain documents. Some of the data fields on this form are required. The data collected through this form is saved to a secure database where it is used to respond to your inquiries about FPX. The data collected may be used to provide you information via email, telephone, or direct mail. You may opt-out of emails sent by FPX at any time. You may contact FPX directly at Contact FPX or call us at 1-866-UCONFIG (826-6344) to request that we remove your submitted data from our database.

FPX acts as a “data processor” as defined in the European Union regulations, including applicable data protections regulations such as the General Data Protection Regulation (GDPR).  As a natural person residing within the European Economic Area, you can request that the “data controller” provide you with a copy of your personal data in an electronic computer readable format.  In the event that the data controller does not provide you with such personal data, we will assist you in acquiring such personal data and you may contact us by sending an email to support@fpx.com or by using our web form at Contact FPX.

As a natural person residing within the European Economic Area, you can request to have your personal data removed from the “data controllers” systems.  In the event that the data controller does not assist you with the removal of such personal data, we will assist you for such personal data held in our systems and you may contact us by sending an email to support@fpx.com or by using our web form at Contact FPX.

If you are employed by an organization that uses FPX products (e.g. as a data controller), please understand and follow any guidance provided by your employer related to accessing and controlling personal data, including your own.

Notice to End Users

FPX products are intended for use by organizations and are made available to you by your organization. Your use of FPX products may be subject to your organization's policies, if any. If your organization is administering your use of FPX products and services, please direct your privacy inquiries to your organization’s administrator. FPX is not responsible for the privacy or security practices of our clients, which may differ from those set forth in this privacy statement.

If you use an email address provided by an organization you are affiliated with, such as your employer, to access FPX online services, the owner of the domain (e.g., your employer) associated with your email address may: (i) control and administer your FPX online services account and (ii) access and process your data, including the contents of your communications and files.

Security of Personal Data

FPX is committed to protecting the security of your personal data. We use a variety of security technologies and procedures to help protect your personal data from unauthorized access, use or disclosure. For example, we store the personal data you provide on computer systems that have limited access and are in controlled facilities. When we transmit confidential data (such as personal data or a password) over the Internet, we protect it through the use of encryption.

Where We Store and Process Personal Data

Personal data collected by FPX may be stored and processed in your region, in the United States or in any other country where FPX or its service providers maintain facilities. Generally, the primary storage location is in the customer’s region, often with a backup to a data center in another region. Unless otherwise requested by our clients, backups made from locations within the European Economic Area remain within the European Economic Area.  The storage location(s) are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of an outage or other problem. We take steps to ensure that the data we collect while providing our products and services conforms to this Privacy Policy and the requirements of applicable law wherever the data is located.

We may transfer personal data from the European Economic Area and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection.  In that event, we will comply with applicable laws and requirements, and shall ensure such compliancy through the use a variety of legal mechanisms such as contracts, to help ensure your rights and protections travel with your data.

Privacy Shield

FPX is committed to and complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. FPX has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If third-party agents process personal data on our behalf in a manner inconsistent with the principles of either Privacy Shield framework, we remain liable unless we prove we are not responsible for the event giving rise to the damage.

If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.

If you have a question or complaint related to FPX’s participation in the EU-U.S. or Swiss-U.S. Privacy Shield, we encourage you to contact us via our Web form. For any complaints related to the Privacy Shield frameworks that cannot be resolved with FPX directly, we have chosen to cooperate with the relevant Data Protection Authority, or a panel established by the European DPAs for resolving disputes. Please contact us to be directed to the relevant DPA contacts. As further explained in the Privacy Shield Principles, binding arbitration is available to address residual complaints not resolved by other means. FPX is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Our Retention of Personal Data

FPX retains personal data for as long as necessary to provide the products and fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. The criteria used to determine the retention periods include:

  • How long is the personal data needed to provide the products and operate our business? This includes such things as maintaining and improving the performance of those products, keeping our systems secure, and maintaining appropriate business and financial records. This is the general rule that establishes the baseline for most data retention periods.
  • Is FPX subject to a legal, contractual, or similar obligation to retain the data? Examples can include mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation.

Changes to This Privacy Policy

We will update this Privacy Policy when necessary to reflect customer feedback and changes in our products and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If there are material changes to the Privacy Policy or in how FPX will use your personal data, we will notify you either by posting a notice of such changes before they take effect or by directly sending you a notification. You should periodically review this Privacy Policy for any changes.

How to Contact Us

If you have a technical question or a support question, please send an email to support@FPX.com. If you have a privacy or security concern or a question for the Information Security Officer/Data Protection Officer of FPX, please contact us by using our Web form. We will respond to questions or concerns within 30 days.

Our headquarters is FPX LLC, 2600 Dallas Parkway, Suite 590, Frisco, TX 75034, USA.  The addresses of our offices in Europe are found on our website at Contact FPX.