Sailfish Software Privacy Policy & Terms of Service
Privacy Policy
Project Binary LLC d/b/a Sailfish Software (“Sailfish Software”) is committed to protecting the privacy and security of information collected through our website. Sailfish Software provides software solutions to business customers, including automobile dealerships. In limited cases, information submitted through our website may be shared with our service systems to respond to inquiries or provide demonstrations.
This Privacy Policy explains how we protect Personal Information provided through our company website www.SailfishSoftware.com and how we use that information in connection with our services. Information processed through our software products and services (including ProScribe) is governed by our agreements with customers and is not covered by this Policy except as otherwise stated.
“Personal Information” for purposes of this Policy means information that identifies you, including but not limited to your name, address, phone number, and email address.
The type of information we may ask and how we might use it
When you visit www.SailfishSoftware.com, we may collect Personal Information from you when you voluntarily provide it to us. Depending on why your information was provided, we will use it to communicate with you about our services, provide you with other information or materials that you request, to customize your experience, and/or to improve our service offerings. The following are some circumstances where we might ask for Personal Information through our website, the types of information we obtain, and how we might use the information:
-
To analyze site usage and enhance our service;
-
To deliver administrative notices, alerts and communications relevant to your use of our services;
-
To fulfill user requests;
-
Market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity;
-
For third-party contractors that are bound by their own privacy restrictions;
-
To enforce Sailfish Software’s Terms of Use; and
-
As otherwise set forth in this Privacy Policy.
Your participation in any of these activities (and, therefore, your provision of personally identifiable information) is entirely voluntary. We may use the information you provide to respond to your questions or comments, to administer our website, to fulfill your request or order, to provide you with a customized interactive experience, or to otherwise provide or improve our products and services. Based on the information you provide, we also may obtain additional information about you, such as U.S. Postal Service address change data or demographic information, from commercially available sources.
Advertising and data cookies
www.SailfishSoftware.com enables sites and other service providers to recognize your browser and capture and remember certain information about your browsing history. We may employ cookie technology, web beacons, transparent GIF images, and similar devices to facilitate website administration and navigation, to better understand and improve the effectiveness of our site, and to provide an enhanced online experience for our visitors. These cookies are used to understand and save your preferences for future visits, keep track of advertisements, and compile aggregate data about site traffic and site interaction so we can offer better site experiences and tools in the future. These may also be used on our behalf by third parties managing our advertising on other websites to enable us to learn which advertisements bring visitors to our websites and to otherwise improve our online presence. Cookies themselves do not contain Personal Information, although they will enable us to relate your use of this site to information that you have specifically and knowingly provided. However, the only Personal Information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites. If you choose to disable cookies, customized features of our website may not function.
Your Information Might Be Shared With Trusted Partners
We may share aggregated and/or de-identified information about you with our third-party marketing partners at unaffiliated companies. These third parties may be involved in administering or supplementing our databases or technologies and will need access to the information for those purposes. For example, we may retain a third party to verify the accuracy of information within our databases or to gather additional information about individuals in our databases from commercially available sources.
We reserve the right to transfer any information we have about you if we sell or transfer all or a portion of our business or assets to a third party.
We reserve the right to disclose any Personal Information as needed if such information is requested by law enforcement agencies or if we are required to do so by law, regulation, subpoena, court order, or by a government entity. We also may disclose Personal Information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law or legal rights, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating the terms of use of our website or any other terms applicable to any activity or feature of our website.
Data Security
We implement commercially reasonable administrative, technical, and physical safeguards designed to protect Personal Information from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.
Links to other sites
Our website may contain links to the websites of our subsidiaries and affiliates or to websites that are owned and operated by third parties. These other websites may have their own privacy policies and are not governed by this Privacy Policy. We are not responsible for the privacy practices or the content of websites owned and operated by any such third parties.
Children's privacy
Our website and services are intended for use by businesses and individuals who are 18 or older. We do not knowingly collect Personal Information from children under the age of 13, as defined by the Children’s Online Privacy Protection Act (COPPA). If we become aware that we have inadvertently collected Personal Information from a child under 13, we will take reasonable steps to delete such information promptly. If you believe that a child under 13 has provided Personal Information to us, please contact us at legal@SailfishSoftware.com.
Changes in our online privacy policy
We reserve the right to change or replace this Privacy Policy at our sole discretion at any time. Please check back from time to time to ensure that you are aware of any updates or changes in this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information gathered via this website.
Your consent to the terms of this privacy policy
By using this website, you signify your compliance with all terms of this Privacy Policy and this website’s Terms of Use. If you do not agree with any term of this Privacy Policy or our Terms of Use, please do not use this website or submit any Personal Information.
Contacting Sailfish Software
Please contact us if you have any questions or concerns about this Privacy Policy or about our collection or use of information. We can be reached at Sailfish Software, 6609 SW Silver Wolf Dr, Palm City, FL 34990. Our email address is legal@SailfishSoftware.com.
Terms of Use
SAILFISH SOFTWARE – TERMS OF USE
Project Binary LLC d/b/a Sailfish Software provides this website for your personal informational and educational
use. The following Terms of Use govern your access and use of this website. Please read these Terms of Use
carefully before using this website. Also, specific terms and conditions may apply to specific content on or available
through this website. Such specific terms may be in addition to these Terms of Use or may supersede these Terms of
Use.
When used in these Terms of Use, “we” and “our” means Sailfish Software and its affiliates, and “you” and “your”
refers to any individual, company or legal entity that accesses or otherwise uses this website.
Acceptance of Terms of Use
By accessing, browsing or using this website, you agree to be bound by these Terms of Use and all terms and
conditions contained or referenced herein or any additional terms and conditions set forth on this website. If you do
not agree to all of these terms, you should not access or use this website. These Terms of Use constitute the entire
agreement between you and Sailfish Software with respect to your use of the website.
Modification of terms
These Terms of Use may be amended by Sailfish Software in its sole discretion, at any time, without notice to you.
Such amended Terms of Use shall be effective upon posting. If you continue to access or use this website, you will
be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and
conditions. Sailfish Software reserves the right to discontinue or make changes or updates with respect to the
website or the content of the website at any time without notice.
Privacy notice
Any personal information submitted through the website is governed by our Privacy Policy, which is hereby
incorporated by reference into these Terms of Use. By using this website, you acknowledge and agree to the
collection, use, and disclosure of your information as described in the Privacy Policy. By submitting any information
through the website (including through contact forms or other inputs), you grant Sailfish Software a non-exclusive,
worldwide, royalty-free license to use such information for business purposes, including in aggregated and
anonymized form, subject to the limitations set forth in our Privacy Policy.
Separate Terms for Software Products
Access to and use of any Sailfish Software products or services, including but not limited to ProScribe, are governed
by separate written agreements between Sailfish Software and its customers. These Terms of Use apply solely to the
public website and do not govern use of any software applications or services.
Copyrights and trademarks
You acknowledge that all content on this website, including the website’s design, graphics, text, formatting, sounds,
pictures, images, software and other materials and information on this website are the property of Sailfish Software
or its licensors, and are subject to and protected by state, United States and international copyright and other
intellectual property laws and rights. Except as expressly authorized in these Terms of Use, you may not copy,
reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or
otherwise use any of the content in any form or by any means, without the prior written authorization of Sailfish
Software or the respective intellectual property rights owner. Sailfish Software authorizes you to view and download
the content only for your personal, noncommercial use, provided that you keep intact all copyright and other
proprietary notices contained in the original content. You may not modify or adapt the content in any way or
otherwise use such content for any public or commercial purposes. The trademarks, service marks, trade names,
trade dress and logos contained or described on this website are the sole property of Sailfish Software and/or its
licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written
authorization of Sailfish Software and/or its licensors. In addition, all page headers, custom graphics, button icons
and scripts are marks of Sailfish Software and may not be copied, imitated or otherwise used, in whole or in part,
without the prior written authorization of Sailfish Software. Sailfish Software will enforce its intellectual property
rights to the fullest extent of the law.
Links to third-party websites
Links on the website to third-party websites are provided only as a convenience to you. If you use these links, you
will leave this website. Sailfish Software does not control or endorse any such third-party websites. You agree that
Sailfish Software and its affiliates will not be responsible or liable for any content, goods or services provided on or
through these outside websites or for your use or inability to use such websites. You will use these links at your own
risk. You are advised that other websites on the Internet, including third-party websites linked from this website,
might contain material or information that some people may find offensive or inappropriate; or that is inaccurate,
untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful.
Sailfish Software expressly disclaims any responsibility for the content, legality, decency or accuracy of any such
information, and for any products and services, that appear on any third party website. Sailfish Software
recommends that you make yourself aware of and read the legal privacy notices of all other websites that you visit.
Disclaimer of warranties
SAILFISH SOFTWARE STRIVES TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON ITS
WEBSITE. HOWEVER, SAILFISH SOFTWARE CAN MAKE NO WARRANTIES OR REPRESENTATIONS
AS TO THE ACCURACY OR TIMELINESS OF THE CONTENT ON THIS WEBSITE. YOUR USE OF THE
WEBSITE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE WEBSITE AND THE CONTENT CONTAINED
ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAILFISH
SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SAILFISH SOFTWARE MAKES NO
WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE WEBSITE IS FREE
FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (v) ANY ERRORS IN THE WEBSITE WILL
BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS
WEBSITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER
VIRUSES. SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO
SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE
DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE
CONTENT ON THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND
DOES NOT CONSTITUTE PROFESSIONAL, TECHNICAL, MECHANICAL, OR LEGAL ADVICE. YOU
SHOULD NOT RELY ON ANY CONTENT AS A SUBSTITUTE FOR CONSULTATION WITH QUALIFIED
PROFESSIONALS.
Disclaimer of damages and limitation of liability
NEITHER SAILFISH SOFTWARE OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING
TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY MATERIAL, OR
ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE, OR ANY INCORRECT
OR INACCURATE INFORMATION ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF
LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS
OF PROFITS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SAILFISH SOFTWARE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST SAILFISH SOFTWARE AND ITS
AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND PROGRAMMERS
THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS WEBSITE.
No unlawful or prohibited activity
As a condition of your use of this website, you agree not to use the website for any purpose that is unlawful or
prohibited by these terms and conditions. You further agree that you are responsible for your use of and
communications on the website. You agree not to post on or transmit through this website any unlawful, infringing,
threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable
material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil
liability, violate the privacy rights of others, infringes other’s intellectual property rights or otherwise violate any
applicable local, state, national or international law. You agree not to use this website in any manner that interferes
with its normal operation or with any other user’s use and enjoyment of the site. You agree to use reasonable efforts
to scan and remove any viruses or other contaminating or destructive features before submitting any material.
Sailfish Software reserves the right, in its sole and absolute discretion, to suspend or terminate your access to this
website and prohibit any and all current and future use of this website (or any portion thereof) by you, if you fail to
comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of
this website.
Indemnification
You agree to indemnify, defend, and hold Sailfish Software and its affiliates and their respective owners,
shareholders, officers, directors, employees, consultants, agents and representatives harmless from and against any
claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising from or
out of your use of the website, your violation of any of the Terms of Use or your violation or infringement of any
rights of another person or entity.
Shutdown of website
Sailfish Software reserves the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the website (or any portion thereof) with or without notice or consent. Sailfish Software and its
affiliates have no responsibility or liability for failure to store or delete any content or user content submitted to the
website.
Governing law and dispute resolution
These Terms of Use shall be governed by the laws of the State of Florida. Sailfish Software makes no
representations that the material and information on this website are appropriate or available in all national locations
or languages. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state
courts located in Martin County, Florida, or the federal courts located in the Southern District of Florida, and the
parties hereby consent to the jurisdiction and venue therein. You hereby consent and submit to personal jurisdiction
in such courts for the purposes of any action relating to this website, your access or use thereof, or these Terms of
Use, and to extraterritorial service of process.
Severability
If any provision of these Terms of Use is held to be unlawful, void or for any reason unenforceable by a court of
competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid and enforceable
provision that most closely matches the intent of the original provision, and the validity and enforceability of any
remaining provisions shall not be affected thereby.
No waiver
The failure of Sailfish Software and its affiliates to enforce any part of these Terms of Use shall not constitute a
waiver of such term or provision, and shall not be considered a waiver or limitation on Sailfish Software’s right