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Epicor Software Corporation ("Epicor"and “we”) provides this combined European and US Privacy Policy ("PrivacyPolicy") to help you understand how we collect, use and disclose data,including Personal Data (as defined below) relating to individuals in the scopeof the General Data Protection Regulation. Epicor Software Corporation ("Epicor" and “we”) provides this combined European and US Privacy Policy ("Privacy Policy") to help you understand how we collect, use and disclose data, including Personal Data (as defined below) relating to individuals in the scope of the General Data Protection Regulation. We collect Personal Data about such individuals in a variety of ways through our normal business activities, both online and offline. This includes, for example, when you and your organization place orders or purchase products or services, enter into agreements or communicate with us, visit with us at conferences or trade shows, visit and use versions of www.epicor.com that have been created for visitors from the United States of America and/or European Economic Area (and other geographical regions) and that link to it (together, the “Site”), or communicate with us electronically such as by sending and receiving email. The Personal Data we receive from customers pursuant to agreements and Personal Data relating to employees is not subject to this Privacy Policy.
This Privacy Policy explains Epicor's information practices including:
• How Epicor uses the Personal Data you share with us and that we learn about you because of our relationship when you use the Site.
• What Personal Data, if any, Epicor may share about you and the conditions we use to protect your Personal Data if it must be shared that has been collected through the Site.
• How to exercise your data subject rights, in particular to request access or changes to or deletion of Personal Data that we receive about you through the Site as well as how to exercise other rights in connection with your Personal Data.
• Other things you should know about privacy and Epicor.
"Personal Data" (which term also includes Personal Information, as defined under US Data Protection Laws) means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Special Category Personal Data” means information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data.
"US Data Protection Laws" means all laws and regulations applicable in the United States of America (Federal and State), including (i) the California Consumer Privacy Act (the “CCPA”), as amended by the California Privacy Rights Act ("CPRA"), as well as any regulations and guidance that may be issued thereunder; and, where applicable, (ii) the Virginia Consumer Data Protection Act ("CDPA"); (iii) the Colorado Privacy Act ("CPA"); (iv) the Connecticut Data Privacy Act ("CTDPA"); the Utah Consumer Privacy Act (“UCPA”); the Florida Digital Bill of Rights (“FLDBOR”) once in effect; the Oregan Consumer Privacy Act (“OCPA”) once in effect; the Montana Consumer Data Privacy Act (“MTCDPA”) once in effect and, in each case, as may be amended or superseded from time to time.
We process your Personal Data with your consent, to perform or enter into contracts with you, in conformance with our legitimate business interests (maintaining our books and records, maintaining the security and integrity of this Site and our systems, enforcing the terms and conditions and Privacy Policy associated with this Site and our systems, monitoring the use and performance of this Site and our systems, quality assurance of our customer service operations, and product improvement and development) where your interest do not outweigh our interests, and to comply with legal obligations.
This Privacy Policy does not apply to the products and services sold by Epicor.
By using the Site, you consent to the collection and use of your Personal Data by Epicor consistent with US Data Protection Laws and other applicable data protection law including the EU GDPR and UK GDPR and this Privacy Policy which is expressly incorporated into the Terms. Epicor collects and uses the data you provide to us, including information obtained from your use of this Site. We may use or share Personal Data (e.g., name, address, telephone number, email address, and location) where it is necessary for us to complete a transaction or do something that you have asked us to do. Also, we may use the personal data that we collect for our business purposes to develop, enhance, and improve our products and services, and for advertising and marketing consistent with this Privacy Policy. By using the Site, you acknowledge, consent and agree that Epicor may collect, process, and use your personal data that you provide to us and that such information shall only be used by Epicor or third parties acting under Epicor’s direction in accordance with this Privacy Policy.
Special Category Personal Data and/or Sensitive Personal Data. When using Epicor products and applications (including products offered by Grow.com through Grow.com’s website or other web based portal) Epicor has strict contractual measures in place (under Epicor’s Master Customer Agreement, Master Terms and Conditions) that prohibit you from providing and/or uploading and/or sharing Special Category Personal Data and/or sensitive Personal Data with Epicor and, as such, Epicor does not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). We do not collect any information about criminal convictions and offences, and you should not provide such sensitive data to Epicor.
Special Notice to Global Visitors and Customers. This Site is hosted in the United States. Because Epicor operates globally, we may transfer your Personal Data within our global operations to fulfill our obligations to you, but always subject to the limitations of applicable data protection law and this Privacy Policy. Privacy laws differ across the globe. To help visitors whose native language may not be English understand our privacy practices, we may provide special information on our Privacy Policies that may be applicable to these visitors in different languages. Epicor entities outside the United States may have supplemental privacy policies that may apply in those countries.
If you are visiting from countries with laws governing data collection and use that may differ from U.S. law, including those whose privacy laws may be stricter than U.S. law, please note that you are transferring your Personal Data to the United States to Epicor. By providing your Personal Data, you consent to that transfer and processing.
California Privacy Rights. If you reside in the State of California, please review the PRIVACY NOTICE AND POLICY FOR CALIFORNIA RESIDENTS found at https://www.epicor.com/en-us/company/compliance/ccpa/privacy-policy/ to learn more about additional rights you may have regarding our handling of your Personal Data.
Collected Data and Usage
Epicor further collects and uses Personal Data from you in several ways and for the purposes listed below. We only use your Personal Data as described below:
• Directly from You through Site Forms, chat sessions or through your use of Epicor’s web-based Product portals. We receive the Personal Data you submit to us (e.g., name, address, telephone number, email address, and location) so we can complete a requested transaction and respond to your requests (including a chat session). The processing of your Personal Data for these purposes is based on (i) the necessity of performing the services in accordance with the terms and conditions of your contract with Epicor (pursuant to Epicor’s Master Customer Agreement, Master Terms and Conditions and relevant Product Supplement which terms govern your use of Epicor’s Products and Services) and/or (ii) consent when initiating and engaging with the chat platform, services portal, and/or necessity for the performance of a contract with you. We retain the information as described below in this Privacy Policy.
• Improve our Products and Services. When you provide us with feedback and other information through the Site about our products and services, we use it for developing, enhancing, and improving our products and services.
• Usage Behavior. Epicor (or Epicor vendors and suppliers) may observe your activities, preferences, and transactional data (such as your IP address and browser type) as well as related usage behavior depending on whether you are using our Site or a particular Epicor Product. We may use this data for any purpose unless we tell you otherwise in connection with a particular Site or product. While we may collect or log this information, we do not identify you or match this non-Personal Data with your other Personal Data unless or except if we believe doing so will help us better respond to a request you have made or otherwise personalize your experience in using the Site. Where such non-Personal Data is linked to your Personal Data we will treat such information as Personal Data.
The processing of your Personal Data for these purposes is based on your consent and/or our legitimate interests. We retain the information as described below in this Privacy Policy.
Information about Cookies, Communications and Electronic Marketing Messages.
• Strictly necessary cookies are necessary to provide the Website to you. In compliance with the UK and EU GDPR, we use strictly necessary cookies, which may be deployed without obtaining your prior consent.
• Cookies set by Third Party Service Providers. Epicor and engaged third party service providers uses “cookies,” web beacons, server logs and related technology to collect information about how visitors interact with the Site and messages we send to individuals (e.g., which pages visitors view or emails individuals open, which URL of the website used before visiting the Site), Site usage preferences (e.g., language), and the technical characteristics of their Internet browsers and connection (e.g., IP Address, browser type, device identifiers, operating system version). We use this information to improve how the Site functions, improve the content we send to you, and provide you with personalized content and advertising on the Site, on other websites and online services and in electronic messages, as further described in the Epicor Cookie Policy. For example, we use your IP Address to identify the country from which you are accessing the Site so we can provide you with the version of the Site that is intended for that country. We also use cookies to store information necessary for visitors logging into certain portions of the Site and to remember visitors and their preferences. The third-party service providers listed in the table below use “cookies,” web beacons, server logs and related technology to collect information about you and process that data for the purposes listed in the table:
You can learn how to decline or opt-out of cookies by reading the Epicor Cookie Policy.
The processing of your Personal Data for this purpose is based on your consent or necessity to provide the Site to you. We retain the information as described below in this Privacy Policy.
Commerce and Product Support. You may be asked to share Personal Data such as your name, address, telephone number, and email address when you make purchases, seek customer or technical support or otherwise interact with Epicor through the Site. When you buy directly from Epicor, Epicor and its vendors and suppliers who facilitate the purchase and delivery of products and services use this Personal Data to complete the transaction. Epicor shares Personal Data with its vendors and suppliers to complete transactions. Epicor has agreements in place with its vendors and suppliers to limit their use of the Personal Data to completing the transaction and performing services for Epicor. You may also interact directly with and provide Personal Data directly to Epicor’s vendors and suppliers when you purchase Epicor products and services or seek customer or technical support. In these circumstances, the vendors and suppliers collect and use your Personal Data subject to their privacy policies and will share Personal Data with us to complete the transaction.
The processing of your Personal Data for these purposes is based on the necessity for the performance of a contract with you. We retain the information as described below in this Privacy Policy.
Product Registration. Epicor allows customers to register products online or through similar ways. We request Personal Data, such as your name, address, email, and telephone number. Epicor receives this Personal Data and other product-related information in such submissions, and Epicor will use it to complete the registration.
The processing of your Personal Data for these purposes is based on the necessity for the performance of a contract with you. We retain the information as described below in this Privacy Policy.
Marketing and Other Informational Updates. With your consent and as otherwise permitted by law, we also use Personal Data (including address, telephone number, and e-mail address) and other information we receive from and about you from public sources (e.g., LinkedIn) to contact you with information from Epicor and its Affiliates /partners about their products and services, provide special offers and promotions that may be of interest to you, and notify you periodically about important changes to the Site (such as a material change to this Privacy Policy or notice of a security breach). You may withdraw your consent at any time by unsubscribing from such marketing communications or object to marketing measures at any time. Please note that withdrawing your consent will not affect the lawfulness of the processing before the withdrawal. In addition, withdrawing consent from marketing communications does not affect our ability to send you other communications, such as those related to providing services to you or responding to your requests.
You may opt out from receiving marketing-related communications by either clicking on the unsubscribe link at the bottom of marketing-related emails we send you or by clicking here. We will process opt-out requests without undue delay.
The processing of your Personal Data for this purpose is based on your consent or on our legitimate interests. We retain the information as described below in this Privacy Policy.
Online and Offline Promotions, Contests and Sweepstakes. You may be asked to provide an email address or screen name, or other Personal Data, for entry into a particular promotion, including sweepstakes and contests so that we can let you know if you won a prize. The specific rules and regulations governing the particular promotion, contest or sweepstakes will vary and your participation constitutes your agreement to abide by those rules and regulations. Certain promotions, contests or sweepstakes may be run by an Epicor service provider or vendor or co-branded with one of our partners. In these instances, the collection of your Personal Data may occur directly by the service provider or vendor or a third-party partner on their website. The promotion will state the privacy policy or policies governing the collection of such information if they should differ from this Privacy Policy.
The processing of your Personal Data for this purpose is based on your consent or on our legitimate interests. We retain the information as described below in this Privacy Policy.
Children. The Epicor Site and Epicor’s products are not directed at children, and we do not knowingly collect personal data from children. If you are under 18 or otherwise would be required to have parent or guardian consent to share information with Epicor, you should (i) not send any information about yourself to us including your name, address, telephone number, email address, or any screen name or user name you may use; (ii) not use or provide any information on this Site or through any of its features, not register on the Site, not make any purchases through the Site, and not use any of the interactive or public comment features of this Site. As required by law, if a person under 13 submits information through any part of an Epicor Site or an Epicor Product, and we learn the person submitting the information is such a child, we will attempt to delete this information as soon as possible.
Pseudonymization and Anonymisation
In some circumstances, we may pseudonymize and/or anonymise your Personal Data for business purposes including to improve our products and services, in which case we may use such information without further notice to you. The processing of your Personal Data for this purpose is based on our legitimate interests. We retain the information as described below in this Privacy Policy.
When Epicor Shares Collected Data
As previously stated in this Privacy Policy, Epicor may share Personal Data within Epicor (including our worldwide affiliates and other members of the Epicor Group) to fulfil its obligations to you and operate its business consistent with this Privacy Policy and applicable data protection law. In addition to what is already stated in this Privacy Policy, we will also share your Personal Data with third parties in the following situations and for the following purposes:
• Epicor Subsidiaries, Affiliates, Vendors, and Suppliers. Epicor works with many affiliated third parties, vendors, distributors, and suppliers. We will provide Personal Data to them to the extent it is necessary for them to provide their products and services to us and to you. Epicor may also sometimes permit our authorized service providers to have access to aggregate statistics about our customers, sales, traffic patterns, and related Site or Application information. These transfers of aggregate statistics do not involve Personal Data.
• Recruitment and Job Applications. We receive Personal Data through the Site and from service providers supporting on the online job website when you apply for employment through the Site. The Personal Data includes the information contained on a resume or curriculum vitae and the information you otherwise provide to us. With your prior consent, we keep your information on file for future employment consideration, even if you are not selected for the particular job you applied for. As discussed below, we have operations around the world and we may consider you for employment in locations around the world. For this reason, our recruiting and employment departments around the world will have access to the Personal Data you submit with your job application. You consent to this transfer of Personal Data outside of the EEA when you submit your Personal Data for employment consideration.
• Enabling Services on the Site. Epicor offers a variety of services and functions through its Site ("Epicor Services"). Personal Data that is collected through the Site will be used and/or disclosed to third parties in order to enable us to provide Epicor Services. For example, the Epicor Site allows you to interface with a third-party website. To facilitate that connection, we may use your Personal Data and/or disclose your Personal Data to the third party operating the website.
• Public Areas. Any information disclosed in public areas of the Site (such as by using Facebook, YouTube or Twitter functionality, etc.) will become public information. We do not control the use by others of information disclosed in public forums on the Site, such as forums, bulletin boards, blogs, chat rooms, and networking functions of mobile-device applications. You should exercise caution when disclosing information in these public areas and be careful how you disclose your Personal Data.
• Mergers and Acquisitions. If Epicor should ever merge with another company, or if Epicor should decide to buy, sell, or reorganize some part or all of its business, Epicor may be required to transfer your Personal Data and, in such events, your Personal Data may be used or transferred in accordance with this Privacy Policy and as permitted by law.
• As Required by Law and Other Extraordinary Disclosures. Epicor may be required to disclose your Personal Data if it: (i) believes in its sole judgment that such disclosure is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority, (ii) would potentially mitigate our liability in an actual or potential lawsuit, (iii) is otherwise necessary to protect our rights or property, or (iv) is necessary to protect the legal rights or property of others.
Security
Epicor maintains appropriate organizational and technical measures for the protection of the security, confidentiality, and integrity of Personal Data from unauthorized or unlawful access, accidental loss, destruction, damage, misuse, disclosure and alteration. Details of the technical measures that Epicor deploys to secure your Personal Data can be found in Epicor’s Information Security Program Overview. Unfortunately, no data transmission over the Internet can be guaranteed to be secure, therefore, we cannot ensure the security of any information you send to us and you do so at your own risk. If Epicor learns of a security system's breach, we will comply with all applicable law to notify you about the breach so that you can take appropriate protective steps. Epicor may post a notice on the Site if a security breach occurs. If this happens, you will need a web browser or mobile device enabling you to view the Site. Epicor may also send an email to you at the email address you have provided to us in these circumstances or communicate with you by other means if we can. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Accuracy of Personal Data and your Individual Rights
While we take various steps to ensure the accuracy and completeness of your Personal Data, we rely upon you to provide accurate and complete Personal Data when interacting with us. All persons in the scope of the General Data Protection Regulation whose Personal Data is being processed by Epicor have the legal right to request: (i) access, (ii) rectification (iii) erasure, (iv) restriction of processing, (v) object to processing, and/or (vi) data portability of their Personal Data. Any such requests should be submitted using the EU Individual Rights Request Form or the US Consumer Rights Request Form.
If you reside in the EU or United Kingdom, you also have the right to lodge a complaint with an EU or UK supervisory authority. However, if you have a complaint regarding the processing of your Personal Data, we kindly request that you first contact us directly as indicated in the Contacting Epicor section of this Privacy Policy, and we will reply promptly.
How long we keep your Personal Data
We consider several factors to determine how long we keep Personal Data. We consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. Once we no longer have a need for your Personal Data, we will securely destroy it in accordance with our standards and applicable laws and regulations.
Links to Third-Party Sites and Co-Branded Sites
The Site may contain links to third-party websites, however, please be aware that Epicor is not responsible for and does not control the privacy practices of these other websites. We encourage you to read the privacy policies for these other websites, as they may differ from ours. The Site also contains links to co-branded websites that may display Epicor's logo and trademarks but which are maintained by third parties. Such websites may be identified by the fact that they do not display an "Epicor.com" URL. Please read the privacy policy on the co-branded website for the applicable privacy practices relating to Personal Data collected via that website, as it may differ from this Privacy Policy.
Where Personal Data Is Used and Stored
Because Epicor operates globally, we will transfer your Personal Data within our global operations to fulfil our obligations to you, subject to the limitations of applicable data protection law and this Privacy Policy. Privacy laws differ across the globe. To help visitors whose native language may not be English understand our privacy practices, we may provide special information on our Privacy Policies that may be applicable to these visitors in different languages. Epicor entities outside the European Economic Area may also have supplemental privacy policies that may apply in those countries.
You understand that when Personal Data is collected through the Site, we will transfer it within Epicor to the United States and other locations around the world. The United States and other jurisdictions may not provide data protection or privacy laws equivalent to the laws of your country, however, we put appropriate measures in place to protect your Personal Data, such as EU Standard Contractual Clauses.
Enforcement and More Information
When Epicor receives formal written inquiries or complaints, Epicor will contact the individual regarding his/her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the handling of Personal Data that cannot be resolved between Epicor and an individual.
Changes to This Privacy Policy by Epicor.
We encourage you to periodically review this Privacy Policy. If we change our privacy practices, an updated version of this Privacy Policy will reflect those changes. Without prejudice to your rights under applicable law, we reserve the right to update and amend this Privacy Policy without prior notice to reflect technological advancements, legal and regulatory changes and good business practices to the extent that it does not change the privacy practices as set out in this Privacy Policy. If you do not agree to the changes to this Privacy Policy, you should request deletion of your Personal Data by submitting a request using the EU Individual Rights Request Form or the US Consumer Rights Request Form.
Contacting Epicor.
The Data Controller for the Site is theorganization listed below. If you have any questions, comments, or concernsabout this Privacy Policy, please write to us at:
Epicor Software Corporation
Las Cimas II
807 Las Cimas Parkway, Suite 400
Austin
Texas 78746
USA
Attention: Legal Department
If you reside in the EU or the UK, you may also contact our Data Privacy Officer by postal mail anytime.
Epicor Software Corporation
Attention: Data Privacy Officer
6 Arlington Square West
Bracknell
Bracknell RG12 1PU
United Kingdom
This Site is comprised of various Web pages operated by Epicor Software Corporation and its Affiliates and wholly owned subsidiaries ("Epicor").
Epicor authorizes you to view and access the "Content" on the Site strictly in accordance with and subject to these Terms and the Epicor Privacy Statement. "Content" includes the entire content and materials accessible through the Site, including, without limitation, materials, information, artwork, graphics, images, text, software, and data. Your use of a Site constitutes your agreement to all these Terms and to the Privacy Statement. Except as expressly permitted under a written customer agreement ("Customer Agreement") with Epicor under which you qualify as an authorized user, you may not modify, reproduce, distribute, display, perform or otherwise use the Content for any public or commercial purpose, in any form or by any means, including, without limitation, electronic (including without limitation screen scraping), mechanical, photocopying, recording or otherwise without the permission of Epicor or the copyright owner. For purposes of these Terms, any use of the Content on any other web site or networked computer environment for any purpose is prohibited. You are not permitted to decompile, reverse engineer, modify or prepare derivative works of the Content. You acknowledge and agree that you are fully capable and authorized to enter into this binding agreement on behalf or yourself and any organization on whose behalf you may act.
If you do not agree with the terms of these Terms or the Privacy Statement, you may not use the Site. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Content.
Epicor reserves the right to change the terms, conditions, and notices under which a Site is offered at any time, so please refer periodically to the Terms posted on the Site. The Content contained on this Site is subject to change without notice.
The Site may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Epicor and Epicor is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Epicor is not responsible for webcasting or any other form of transmission received from any Linked Site. Epicor provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Epicor of the site or any association with its sponsor or operator.
As a condition of your use of the Site, you warrant to Epicor that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use or enjoyment of the Site. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Site.
By way of example, and not limitation, you agree that, when visiting or using the Site, you will:
(a) not defame, abuse, harass, stalk, or threaten any person or party or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) not post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented, pornographic, misleading, fraudulent, otherwise objectionable material of any kind or any other material that may violate any applicable laws or violate or infringe any third party rights or violate any confidentiality obligations;
(c) not advertise or offer to sell or buy any goods or services for any business purpose unless such is first permitted by Epicor in writing;
(d) not conduct or forward surveys, contest, pyramid schemes or chain letters;
(e) harvest or otherwise collect information about others, including e-mail addresses, without their consent (and Epicor’s consent);
(f) comply with all of Epicor’s requirements, procedures, policies regarding visitation and use of the Site and all applicable laws and regulations;
(g) not take any action that imposes, or may impose, in the sole discretion of the Epicor, an unreasonable or disproportionately large load on the infrastructure or otherwise be disruptive including but not limited to “flooding” any group with posts; or,
(h) not to upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment.
Epicor has no obligation to monitor use of its Site. However, Epicor reserves the right to review and remove any materials from any source in its sole discretion.
Epicor reserves the right to limit or terminate your access to any or all of its web sites at any time without notice for any reason whatsoever in addition to all other rights and remedies.
Epicor reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Epicor's sole discretion and in accordance with Epicor’s Privacy Statement.
Epicor may, but is not obligated to, monitor or review any areas, if any, of the Site where users transmit or post communications or communicate solely with each other, including, without limitation, to chat rooms, bulletin boards or other user forum, or any transaction exchange, nor is Epicor obligated to monitor or review the content of any such user communications. Epicor shall have no liability or obligation whatsoever related to the content of any such user communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Epicor retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
Access to some content accessible from the Site may be password controlled. By registering for an account, a password and the right to use the protection portions of the Site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms required for access to password controlled content) and that the user name and password are unique to you and/or your company. You are solely responsible for maintaining the confidentiality of your user name and password. You are advised that you could be held liable for losses incurred by Epicor as a result of the misuse of your user name, password or account.
A. Copyright:
Unless otherwise indicated, all Content on the Site is copyright protected by United States law and international treaties and the copyright is held by Epicor or the original creator of the Content. Epicor also claims copyright in the look and feel attributes of the Site, as well as the selection, coordination, and arrangement of the Content.
Except for any limited license that may be contained herein or otherwise granted under a Customer Agreement, you have no right to copy Content from a Site, including downloading or printing or to distribute the materials in any way, including transmitting them in electronic form, etc. Permission to use the materials other than as authorized hereunder must be granted in writing prior to the use.
B. Trademarks and Service Marks:
Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this Site are the property of Epicor or its affiliates or subsidiaries. These marks may only be used as described in our Trademark Guidelines or with our express written permission. Please see the following for our Trademark Guidelines.
C. Other Intellectual Property Rights:
This Site and its Content may be protected by other forms of intellectual property or proprietary rights, such as patent and trade secret law. Epicor reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of the law.
There are inherent dangers in the use of any software, databases or other Content available for download through the Internet, and Epicor cautions you to make sure you completely understand the potential risks before you download any software databases or other Content (such as potential infection of your system by computer viruses). If you download software or databases from a Site ("Software") or subscribe to any services offered through a Site, use of such Software, or subscription to such services is subject to the terms of the associated written Customer Agreement. You may not download or install the Software, or utilize Epicor services, unless you are a party to (or a user covered under) the applicable Customer Agreement. You are solely responsible for adequate protection and backup of your software, data and equipment and, subject to the applicable Customer Agreement, you assume all risks associated with any Software you may download, access or use.
WITHOUT LIMITING THE FOREGOING AND SUBJECT TO THE APPLICABLE CUSTOMER AGREEMENT, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION, AND ACCESS TO OR UTILIZATION OF EPICOR SERVICES, IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY IN ACCORDANCE WITH THE APPLICABLE CUSTOMER AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED IN THE CUSTOMER AGREEMENT, EPICOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE. IN NO EVENT WILL EPICOR AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER WITH RESPECT TO THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) EVEN IF EPICOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
With the possible exception of in connection with password protected and/or secure/restricted areas of this Site, Epicor does not want to receive confidential or proprietary information from you on this Site. Other than personally identifiable information (which is covered under the Epicor Privacy Statement), any material, information or other communications that you transmit or post to a Site (“User Communications”) will be considered non-confidential and non-proprietary. Epicor will have no obligations with respect to such User Communications. Epicor and its designees will be free to copy, disclose, display, distribute, modify, incorporate, and otherwise use the User Communications and all data, images, sounds, text, and other things embodied therein, without any obligation to any party whatsoever, for any and all commercial or non-commercial purposes. Moreover, by sending Epicor any such User Communications, you also agree that Epicor is free to use any ideas, concepts, know-how, or techniques for any purpose and in any manner in its sole discretion.
You agree to use the Site strictly at your own risk and that you are solely responsible for the content of your communications, whether uploaded, posted, emailed or otherwise transmitted.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED UNDER AN APPLICABLE CUSTOMER AGREEMENT, THE CONTENT AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. IN PARTICULAR, EPICOR DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. EPICOR FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES PROVIDED THROUGH THIS SITE OR THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. THE CONTENT AND SERVICES MAY BE OUT OF DATE, AND EPICOR MAKES NO COMMITMENT TO UPDATE THE CONTENT OR SERVICES AT THIS SITE OR TO MAKE ANY NOTIFICATION OF CHANGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES TO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL EPICOR, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF ANY USE OF THIS SITE, OR THE CONTENT OR SERVICES CONTAIN OR ACCESSIBLE FROM THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEAGL THEORY AND WHETHER OR NOT EPICOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Software and other Content made accessible under these Terms may be subject to United States export control laws and regulations and may also be subject to the laws of the country where you reside. You agree not to transfer or otherwise export any such Software or Content in violation of such laws, including, without limitation, to third parties who are residents or nationals of countries subject to United States embargo or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Person’s List. You agree to comply with all relevant export laws and regulations, including those of the United States and any other applicable jurisdiction to assure that the Software, Content or anything related to the Site are not exported, directly or indirectly, in violation of any applicable law or regulation, including all U.S. export control laws and regulations.
The privacy policy (the “Privacy Policy”) for the Site is posted at the homepage. The terms of the Privacy Policy, and any future modifications or amendments to the same, are hereby incorporated by reference into these Terms and subject to these Terms.
This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Generally, the words "believe", "expect", "intend", "estimate", "anticipate", "project", "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Epicor’s historical experience and our present expectations or projections. These risks include, but are not limited to, Epicor’s ability to rapidly develop and introduce new products; reliance on third-party products; reliance on emerging technologies and markets; the timely availability and market acceptance of new products and upgrades; the impact of competitive products and pricing; and the discovery of undetected software errors; and other risks discussed in our Company's filings with the Securities and Exchange Commission (the "SEC"), including our Annual Report on Form 10-K, which filings are available from the SEC. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Epicor undertakes no obligation to publicly update or revise any forward-looking statements.
These Terms shall be exclusively interpreted in accordance with the English language with the meaning of its terms. Should a translation of these Terms deviate from the English language version, only the English language version shall apply and be binding.
Any challenges, sweepstakes, contests, raffles, surveys, or similar promotions made available through the Site will be governed by specific rules that are separate from these Terms. By participating in any such sweepstakes, competition, raffle, survey or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Epicor urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Epicor a notice requesting that Epicor remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Epicor a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Epicor Software Corporation
Las Cimas II- 807 Las Cimas Parkway, Suite 400
Austin, TX 78746, USA
Direct: +1.512.328.2300
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:
Although this Site is accessible worldwide, not all services discussed or referenced in this Site are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
This site is created and controlled by Epicor Software Corporation in the State of California, USA. Thus, to the maximum extent permitted by applicable law, these Terms and the Privacy Statement are governed by the laws of the United States and the State of California, without giving effect to any principles of conflicts of law. You hereby expressly consent, and waive any jurisdictional, venue or inconvenient forum objections, to the exclusive jurisdiction and venue of the State and Federal courts in Alameda County, California, U.S.A. in all disputes arising out of or relating to the use of the Site. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions and the remainder of the Terms shall continue in effect.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Epicor as a result of this agreement or use of the Site. Epicor's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Epicor's right to comply with governmental, court or law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Epicor with respect to such use. Unless otherwise specified herein, these Terms and the Privacy Statement constitute the entire agreement between the user and Epicor with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Epicor with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Epicor and the Epicor logo are trademarks of Epicor Software Corporation, registered in the United States, certain other countries and/or the EU.
1. WHAT ARE COOKIES?
Epicor places small data files called cookies on your device accessing our website (Website) to ensure that the Website functions properly, to track how you use our Website, to improve our Website and your user experience, and to tailor our Website to your interests. By continuing to browse our Website, you are agreeing to our use of cookies.
Cookies are small text files that are saved on your computer or mobile device when you visit the Website. It enables the Website to record and/or remember your actions and preferences. Cookies contain information that is transferred to your computer’s hard drive. The type of Personal Data that each specific cookie on this Website processes is described in section 4 (“Which specific cookies does Epicor use?”).
For more information about cookies, please visit www.allaboutcookies.org.
2. WHICH TYPES OF COOKIES DOES EPICOR USE?
Epicor uses the following categories of cookies on this Website:
Please see below a more detailed list of the cookies we use on the Website.
The cookies used by Epicor are either first party or third-party cookies. First party cookies are used by Epicor and share the same domain. Third-party cookies, on the other hand, are used by a third party provider or organization with different domains.
We use cookies that expire once you close your browser (called session cookies) as well as cookies that stay on your device until you delete them or they expire (called persistent cookies).
3. HOW CAN YOU CONTROL COOKIES?
Strictly necessary cookies are necessary to provide the Website to you. We use such Strictly Necessary cookies without your prior consent.
All other cookies are used only after you have consented via the cookie consent screen or preference center on our Website.
You can withdraw your consent at any time from cookies that are not strictly necessary, for example, by deleting the cookies directly or by opting out via changes to your Cookie Settings. If you do not accept all cookies or withdraw your consent, you may still browse the Website; however, in this case you may not be able to use the full functionalities of the Website.
You may also configure the settings of your browser to activate, disable or delete cookies. Detailed instructions are provided by your browser. If you disable or delete cookies, however, you may have to manually adjust some preferences every time you visit the Website and some services and functionalities may not work.
4. WHICH SPECIFIC COOKIES DOES EPICOR USE?
We use the following specific cookies on our Website:
5. HOW MAY THIS COOKIE POLICY BE CHANGED?
Epicor may, in its sole discretion, change this Cookie Policy from time to time. Any and all changes to Epicor’s Cookie Policy will be reflected here and the date of new versions are posted will be stated at the top of this Cookie Policy. Please revisit this Cookie Policy when you return to this Website.
6. HOW CAN YOU CONTACT US?
If you have any questions regarding our Cookies Policy, can you send your request for the attention of our Data Protection Officer to
Epicor Software Corporation
6 Arlington Square West
Bracknell
Berkshire RG12 1PU
United Kingdom
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