Legal

California Privacy Rights

The California Consumer Privacy Act of 2018 (“CCPA”) provides additional consumer rights. This notice applies only to individuals residing in California.

The right to know the categories of personal information we collected in the past 12 months:

• Personal Identifiers such as first name, last name, email address
• Internet or other electronic network activity information such as browser cookies

The right to know the use of personal information

• To fulfill the reason you provided the info (ie price quotes or demo requests)
• To support, personalize, and develop our websites, products, and services.
• To provide you with support and respond to inquiries

The right to know the categories of personal information disclosed for business purposes in the past 12 months
Personal Identifiers such as first name, last name, email address

Sharpr does not and has not sold any personal information in the past 12 months.

The right to request access to personal information
You may submit a verifiable request for information regarding the:

• Categories of personal information we have collected about you
• Categories of sources from which the personal information was collected
• Categories of personal information about you we disclosed for a business purpose or sold
• Categories of third parties to whom the personal information was disclosed for a business purpose or sold
• The business or commercial purpose for collecting or selling the personal information
• Specific pieces of personal information we have collected about you

To do so, please submit an access request here or by calling us at 801-575-6000.

The right to request deletion of personal information
You may submit a request to delete personal information about you that we have collected from you. To do so, please submit a deletion request here or by calling us at 801-575-6000.

The right to opt-out
Sharpr does not and has not sold any personal information in the past 12 months. However, Sharpr understands that you may want to opt out of having your personal information sold to third parties. To do so, please go to the Do Not Sell My Personal Information page.

The right to Non-Discrimination
We will not discriminate against you because you exercised your rights set out in the CCPA.

This document was last updated on April 13, 2022

SECURITY, PRIVACY, AND ARCHITECTURE

Sharpr’s Corporate Trust Commitment

Sharpr is committed to achieving and maintaining the trust of our customers. Integral to this mission is providing a robust security and privacy program that carefully considers data protection matters across our suite of services, including data submitted by customers to our services (“Customer Data”).

Services Covered

This documentation describes the architecture of, the security and privacy-related audits and certifications received for, and the administrative, technical and physical controls applicable to the services offered by Sharpr (the “Sharpr Services”).

Infrastructure

Sharpr owns or controls access to the infrastructure that Sharpr uses to host Customer Data submitted to the Sharpr Services. Each instance of the Sharpr Services contains servers and other elements to make it run. Each instance in a primary data center has an exact copy in a secondary data center.

Audits and Certifications

The following security and privacy-related audits and certifications are applicable to the Sharpr Services:

• • ISO 27001 compliance: Sharpr is subject to an information security management system (ISMS) in accordance with the ISO 27001 international standard. Sharpr is ISO 27001 compliant and the cloud infrastructure is ISO 27001 certified for its ISMS from an independent third party. The Sharpr ISO 27001 Certificate and Statement of Applicability are available upon request from your organization’s Sharpr account executive.

Additionally, the Sharpr Services undergo security assessments by internal personnel and third parties, which include infrastructure vulnerability assessments and application security assessments, on at least an annual basis.

Security Controls

The Sharpr Services include a variety of configurable security controls that allow customers to tailor the security of the Sharpr Services for their own use. These controls are set forth in the Security Implementation Guide.

Security Procedures, Policies and Logging

The Sharpr Services are operated in accordance with the following procedures to enhance security:

• User passwords are stored using a one-way salted hash.
• User access log entries will be maintained, containing date, time, User ID, URL executed or entity ID operated on, operation performed (created, updated, deleted) and source IP address. Note that source IP address might not be available if NAT (Network Address Translation) or PAT (Port Address Translation) is used by Customer or its ISP.
• If there is suspicion of inappropriate access, Sharpr can provide customers log entry records to assist in forensic analysis. This service will be provided to customers on a time and materials basis.
• Logs will be kept for a minimum of 90 days.
• Logs will be kept in a secure area to prevent tampering.
• Passwords are not logged under any circumstances.
• Certain administrative changes to the Sharpr Services (such as password changes and adding custom fields) are tracked in an area known as the “Setup Audit Trail” and are available for viewing by a customer’s system administrator. Customers may download and store this data locally.
• Sharpr personnel will not set a defined password for a user. Passwords are reset to a random value (which must be changed on first use) and delivered automatically via email to the requesting user.

 

Intrusion Detection

Sharpr, or an authorized third party, will monitor the Sharpr Services for unauthorized intrusions using network based intrusion detection mechanisms. Sharpr may analyze data collected by users’ web browsers (e.g., device type, screen resolution, time zone, operating system version, browser type and version, system fonts, installed browser plug-ins, enabled MIME types, etc.) for security purposes, including to detect compromised browsers, to prevent fraudulent authentications, and to ensure that the Sharpr Services function properly.

Security Logs

All Sharpr systems used in the provision of the Sharpr Services, including firewalls, routers, network switches and operating systems, log information to their respective system log facility or a centralized syslog server (for network systems) in order to enable security reviews and analysis.

Incident Management

Sharpr maintains security incident management policies and procedures. Sharpr promptly notifies impacted customers of any actual or reasonably suspected unauthorized disclosure of their respective Customer Data by Sharpr or its agents of which Sharpr becomes aware to the extent permitted by law.

User Authentication

Access to Sharpr Services requires authentication via one of the supported mechanisms as described in the Security Implementation Guide, including user ID/password, SAML based Federation, Oauth, Social Login, or Delegated Authentication as determined and controlled by the customer. Following successful authentication, a random session ID is generated and stored in the user’s browser to preserve and track session state.

Physical Security

Production data centers used to provide the Sharpr Services have access control systems. These systems permit only authorized personnel to have access to secure areas. These facilities are designed to withstand adverse weather and other reasonably predictable natural conditions, are secured by around-the-clock guards, two-factor access screening, including biometrics, and escort-controlled access, and are also supported by on-site back-up generators in the event of a power failure.

Reliability and Backup

All networking components, SSL accelerators, load balancers, Web servers and application servers are configured in a redundant configuration. All Customer Data submitted to the Sharpr Services is stored on a primary database server with multiple active clusters for higher availability. All Customer Data submitted to the Sharpr Services is stored on carrier-class disk storage using redundant devices and multiple data paths to ensure reliability and performance. All Customer Data submitted to the Sharpr Services, up to the last committed transaction, is automatically replicated on a near real-time basis to the secondary site and is backed up on a regular basis and stored on backup media for an additional 3 days in production environments and 30 days in Sandbox environments after which it is securely overwritten or deleted from the Sharpr Services. Any backups are verified for integrity and stored in Sharpr data centers.

Disaster Recovery

Sharpr has disaster recovery plans in place and tests them at least once per year. The Sharpr Services utilize secondary facilities that are geographically remote from their primary data centers, along with required hardware, software, and Internet connectivity, in the event Sharpr production facilities at the primary data centers were to be rendered unavailable. The Sharpr Services’ disaster recovery plans currently have the following target recovery objectives: (a) restoration of the Sharpr Service within 12 hours after Sharpr’s declaration of a disaster; and (b) maximum Customer Data loss of 24 hours; excluding, however, a disaster or multiple disasters causing the compromise of both data centers at the same time, and excluding development and test bed environments, such as the Sandbox service.

Viruses

The Sharpr Services does scan for viruses that could be included in attachments or other Customer Data uploaded into the Sharpr Services by a customer but we DO NOT guarantee we will find all viruses and shall not be liable for a failure to detect all viruses. Uploaded attachments, however, are executed in the Sharpr Services and could potentially damage or compromise the Sharpr Services by virtue of containing a virus. Customers shall be liable for any damage or loss resulting from viruses contained in any uploaded attachment.

Data Encryption

The Sharpr Services use industry-accepted encryption products to protect Customer Data and communications during transmissions between a customer’s network and the Sharpr Services, including 128-bit TLS Certificates and 2048-bit RSA public keys at a minimum. Additionally, Customer Data is encrypted during transmission between data centers for replication purposes.

Return of Customer Data

Within 30 days post contract termination, customers may request return of their respective Customer Data submitted to the Sharpr Services. Sharpr shall provide such Customer Data via a downloadable file in comma separated value (.csv) format and attachments in their native format.

Deletion of Customer Data

After contract termination, Customer Data submitted to the Sharpr Services is retained in inactive status within the Sharpr Services for 180 days and a transition period of up to 30 days, after which it is securely overwritten or deleted. In accordance with the Reliability and Backup section above, Customer Data submitted to the Sharpr Services (including Customer Data retained in inactive status) will be stored on backup media for an additional 90 days in production environments and 30 days in Sandbox environments after it is securely overwritten or deleted from the Sharpr Services. Physical media on which Customer Data is stored during the contract term is not removed from the data centers that Sharpr uses to host Customer Data unless the media is at the end of its useful life or being deprovisioned, in which case the media is first sanitized before removal. This process is subject to applicable legal requirements.

Without limiting the ability for customers to request return of their Customer Data submitted to the Sharpr Services, Sharpr reserves the right to reduce the number of days it retains such data after contract termination. Sharpr will update this Sharpr Security, Privacy, and Architecture Documentation in the event of such a change.

Tracking and Analytics

Sharpr may track and analyze use of the Sharpr Services for purposes of security and helping Sharpr improve both the Sharpr Services and the user experience in using the Sharpr Services. Sharpr may also use this information and users’ e-mail addresses to contact customers or their users to provide transactional information about the Sharpr Services. Sharpr will offer customers and users the ability to opt out of receiving such emails.

Without limiting the foregoing, Sharpr may share anonymous data about Sharpr’s customers’ or their users’ use of the Sharpr Services (“Usage Statistics”) to Sharpr’s service providers for the purpose of helping Sharpr in such tracking or analysis, including improving its users’ experience with the Sharpr Services, or as required by law. Additionally, Sharpr may share such anonymous data with other customers on an aggregate basis. Except when required by law, any such sharing of Usage Statistics will not include any identifying information about Sharpr’s customers or customers’ users.

Inter operation with Other Sharpr Services

The Sharpr Services may interoperate with other services provided by Sharpr. The Security, Privacy and Architecture documentation for such services is available in the Trust and Compliance Documentation section of help.sharpr.com.

This document was last updated on April 13, 2022

License

PLEASE READ THIS LICENSED PROGRAM END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING SOFTWARE FROM SHARPR. BY DOWNLOADING OR USINGSHARPR SOFTWARE, YOU SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS END USER LICENSE AGREEMENT AND ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS. AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS END USER LICENSE AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT USE THESHARPR SOFTWARE. EXCEPT AS SET FORTH HEREIN, THIS END USER LICENSE AGREEMENT DOES NOT PROVIDE ANY RIGHTS TO SHARPR SERVICES SUCH AS ADDITIONAL SOFTWARE, CONSULTING SERVICES, MAINTENANCE, UPGRADES OR SUPPORT EXCEPT AS SET FORTH HEREIN. USING THE SOFTWARE ACCOMPANYING THIS LICENSE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE.

1. License. Subject to the terms of the Statement of Work as agreed upon by the parties hereto (“SOW”), Sharpr Corporation (“Licensor”) hereby licenses (the “License”) its Information Curation Licensed Platform (the “Licensed Program”) and the accompanying documentation, services, features and documentation (the “Documentation”) to you. The term “Licensed Program” shall also include any updates of the Licensed Program licensed to you by Licensor. Subject to the terms of this agreement and the SOW, you have a non-exclusive and nontransferable right to use the Licensed Program for its own uses and not for commercial purposes (e.g., not for resale or rental or the like). You agree to use your best efforts to prevent and protect the contents of the Licensed Program and Documentation from unauthorized disclosure or use. Licensor and its licensors reserve all rights not expressly granted to you. Licensor’s licensors are the intended third party beneficiaries of this agreement and have the express right to rely upon and directly enforce the terms set forth herein.

2. Limitation on Use: You may not assign, transfer, rent, lease, sublicense, sell or otherwise transfer or distribute copies of the Licensed Program or Documentation to others. You may not modify or translate the Licensed Program or the Documentation without the prior written consent of Licensor. You may not reverse assemble, reverse compile or otherwise attempt to create the source code from the Licensed Program. You may not release the results of any performance or functional evaluation of any Licensed Program to any third party without prior written approval of Licensor for each such release. You may make copies of the Licensed Program in executable code form as necessary for your use and for backup or archive purposes. You agree to maintain records of the location and use of each copy, in whole or in part, of the Licensed Programs. Each Licensed Program is copyrighted and you agree to reproduce and apply the copyright notice and proprietary notice of Licensor to all copies made hereunder, in whole or in part and in any form, of Licensed Programs.

3. Transfer. You may not sublicense, assign, delegate, rent, lease, time-share or otherwise transfer this License or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void.

4. Copyright and Ownership. The Licensed Program and related Documentation are copyrighted by Licensor and its licensors. You agree that the Licensed Program and Documentation belong to Licensor and its licensors. You agree that you neither own nor hereby acquire any claim or right of ownership to the Licensed Program and Documentation or to any related patents, copyrights, trademarks or other intellectual property. Licensor and its licensors retain all right, title and interest in and to the Documentation and all copies and the Licensed Program at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This License is not a sale of the original or any subsequent copy. All content accessed through the Licensed Program is the property of the applicable content owner and may be protected by applicable copyright law. This License gives you no rights to such content. Licensor retains all rights in and to the Licensed Programs not expressly granted in this Agreement.

6. Service and Support. Upon request, Licensor will provide technical support, technical maintenance, correction of technical errors and bugs, consultation, training, and other general consulting Services related to the Licensed Programs (together with the Customer Programming (as defined below), the “Services”). All Services shall be described as set forth in the SOW. If you notify Licensor of a program error respecting the Licensed Programs, or Licensor has reason to believe that error exists in the Licensed Program, Licensor shall at its expense verify and attempt to correct such error within thirty (30) working days after the date of notification. If you are not satisfied with the correction, then you may immediately upon notice terminate this Agreement.

7. Custom Programming. Upon request, Licensor shall provide such custom programming as set forth on the SOW (“Custom Programming”). All rights, title and interest in the Custom Programming as well all intellectual property rights therein or with respect thereto, are and shall be owned by Licensor and licensed to you. For purposes of this Agreement and the Application, the Licensed Programs and the License granted by Licensor shall include all Custom Programming developed pursuant to this Agreement.

8. Fees. In consideration for the License granted pursuant to this Agreement, you agree to pay Licensor a monthly License fee (“License Fee”) in the amount set forth in the SOW. Unless otherwise stated in the SOW, all payments shall be made quarterly in advance. In addition to the License Fee, in connection with the Services or any Custom Programming, you shall pay such service fees (“Service Fees”) as set forth in the SOW. Unless as set forth in the SOW, all Service Fees shall be paid to Licensor within 45 days of invoicing.

9. Term and Termination. This License is effective until terminated by you or Licensor or in accordance with the SOW. This License automatically terminates if you fail to comply with its terms and conditions or the terms and conditions of the SOW. You agree that, upon such termination, you will either destroy all copies of the Licensed Program and Documentation, or return the original Licensed Program and Documentation to Licensor, together with any other material you have received from Licensor in connection with the Licensed Program and immediately cease further use of the Licensed Programs.

10. Third Party Content. The Licensed Program may display, include, or make available content, data, information, applications or materials from third parties (“Third Party Material”). You acknowledge and agree that Licensor is not responsible for examining or evaluating content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Material or web sites. Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party Materials.

11. No Warranty: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED PROGRAM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED PROGRAM AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED PROGRAM (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED PROGRAM AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED PROGRAM, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY LICENSOR WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED PROGRAM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PROGRAM OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED PROGRAM OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED PROGRAM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of the License Fees and Service Fees paid by you.

13. The Licensed Program and related Documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

14. Miscellaneous. This Agreement and the License granted hereunder will be governed by the laws of the State of Utah, without reference to conflicts of laws principles. This Agreement and the SOW constitute the entire agreement between the parties with respect to the Licensed Program and the Documentation, and supersedes any other written or oral agreement. The relationships established by this Agreement are non-exclusive; each party retains the right to enter into similar agreements with other parties. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Licensor. The failure of either Licensor to enforce at any time any of the provisions hereof or exercise any right or option hereunder shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions or exercise such right or option. Any consent by any Licensor to, or waiver of, a breach by the other, shall not constitute consent to, waiver of, or excuse of any other different or subsequent breach.

This document was last updated on May 29, 2020