Last Updated: Feb. 11, 2022
INTRODUCTION
These Terms of Use and Privacy Policy (the “Terms” or “Policy”) explains how Pronoss, LLC (“Pronoss”, “we”, “us”, or “our”) collects, uses, shares and processes information obtained through www.Pronoss.com and our social media sites (which we call our “Site” or “Sites”) and governs your use of the Site. We encourage you to read these Terms before using the Site. By using the Site, you agree to the terms and conditions of these Terms. Should you have any questions, please contact us at the information below:
By email: info@Pronoss.com
By phone: 405-235-3573
By mail: Pronoss, LLC, 5200 W. I-40 Service Rd. Oklahoma City, OK 73128
INFORMATION WE COLLECT ON OR THROUGH THE SITES
The type of personal information we collect depends on how you are interacting with our Site. In this Policy, where we use the term “personal information,” we mean information that can be used to identify (directly or indirectly) or contact a specific individual, such as an individual’s name, email address, telephone number, or online identifier. The personal information we collect through the Site may include the following:
HOW WE USE INFORMATION WE COLLECT ON OR THROUGH THE SITES
Our Processing
We process personal information in connection with our Site and for other business purposes as follows:
Legal Notices
We may use your personal information to provide you with notice regarding a security incident or data breach, by: (i) sending a message to the email address you provide (as applicable); (ii) posting to a publicly facing page of our website; (iii) through major statewide media; and/or (iv) telephonic means, including calls and/or text messages, even if sent via automated means including automated dialers (standard text and data messaging rates may apply from your carrier). Notices sent by e-mail will be effective when we send the email, notices we provide by posting will be effective upon posting, and notices we provide through telephonic means will be effective when transmitted or dialed. You consent to receiving electronic communications from us relating to any security incident or data breach. It is your responsibility to keep your email address and any other contact information you provide to us current so that we may provide these communications to you.
Service and Marketing Messages
We may use your information to contact you about product and service offerings by email or otherwise. You have the right to opt-out of such messages. We may use your information to investigate, respond to and/or resolve legal, security or technical issues and complaints and as necessary for security purposes or to investigate possible fraud, violations of law or violations of this Policy. We may use your information to contact you about these security, legal and other service-related issues. Please be aware that you cannot opt-out of receiving such messages from us.
COOKIES AND OTHER AUTOMATED COLLECTION
By using our Site without changing your browser or device settings to disable cookies, you agree to our use of cookies as described below. You may see a “cookie banner” on our Site. If you are visiting one of our Site from certain jurisdictions, you may be asked to accept cookies in accordance with this policy. When you consent to this banner, we will assume that you consent to our use of cookies as described below for all future visits unless you notify us otherwise.
What are Cookies?
Cookies are small data files stored on your computer or other device when websites are loaded in a browser. They are used to remember you and your preferences through either a single visit to a Site (a “session cookie”) or over the course of repeated visits (a “persistent cookie”). Cookies help to facilitate the best possible user experience of our Site as they allow us to recognize your preferences and information from session to session and generally improve website functionality. Cookies may be set by the website you are visiting (a “first party cookies”), or by third parties who provide content or advertising or analytics services on that website (“third party cookies”). Cookies are in addition to other tracking technologies known as “web beacons” or “pixels.” These are typically small transparent images that provide internet usage statistics and are often used in conjunction with cookies, although they are not stored on your computer in the same way as cookies. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted. Although these types of tracking technologies are not all commonly referred to as “cookies,” we will refer to them as “cookies” throughout this Policy for ease of reference.
The Types of Cookies We Use
How We Use Cookies and What We Collect With Cookies
We use cookies for several different purposes. We use cookies for technical reasons to enable the content being provided on the Sites as well as to provide you with a more personalized experience on our Sites. We also use cookies to analyze Site usage and for advertising purposes. We use cookies to recognize you and/or your device(s) on, off, and across the different applications of the website and devices. We log usage data when you use the website, including when you view or click on content, browser type, browser language, perform a search or request, the date and time of your request or use one or more tools offered through the website. We use log-ins, device information internet protocol (“IP”) addresses, and cookies to identify you and log your use. When you access or leave our Sites, we receive the URL of both the site you came from and the one you go to next. We may also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier. We do not collect information concerning your GPS location
Restricting and Controlling Cookies
Although most internet browsers accept cookies, you can control these types of technology through your browser settings and similar tools and agree to refuse cookies altogether. You can usually find these settings in the options or preferences menu of your browser. To understand these settings, the following links for commonly used browsers may be helpful, or you can use the help option in your browser for more details:
If you refuse to accept cookies by activating the appropriate setting on your browser or smartphone, you prohibit us from delivering the full capability of the website and prevent the use of certain features and services that require these technologies.
Do Not Track Signals
We do not currently respond to, or take any action with respect to web browser “do not track” signals or similar mechanisms as there is no uniform implementation of the same. Our third-party service providers may honor Do Not Track signals. For more information about “do not track” signals, please visit https://allaboutdnt.com/.
DISCLOSURE OF YOUR INFORMATION
We may disclose information that we collect or that you provide to fulfill our obligations to you (if any), the purpose for which you provide it (if any), for any other purpose for which we have your consent, or for legitimate business purposes which may include where required by law, subpoena, or other legal process or as necessary in the course of legal proceedings.
Internal Disclosure
We will share your personal data internally within Pronoss to help facilitate your requests and provide information to you.
Disclosure to Our Service Providers
We may disclose personal information that we collect or you provide to service providers and other third parties we use solely to support our business (such as the management and maintenance of the Site, services related to recruitment or employment applications, communications with you and the like). They will have access to your information only as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.
Disclosure for Legal Reasons
We may transfer your personal information to a third-party entity that acquires or is merged with us as part of a merger, acquisition, sale, or other change of control (such as the result of a bankruptcy proceeding). We may disclose your personal information to third parties if we reasonably believe that disclosure of such information is helpful or reasonably necessary to comply with any applicable law or regulation, to comply with or respond to a legal process or law enforcement or governmental request, to enforce our terms and conditions or other rights (including investigations of potential violations of our rights), to detect, prevent, or address fraud or security issues, or to protect against harm to the rights, property, or safety of our company, our users, or the public.
YOUR REQUESTS CONCERNING YOUR INFORMATION
For personal data that we have about you, you may make requests such as the following:
To make a request or inquiry concerning your personal information, contact us at the information above and include the phrase “[Your State] Privacy Request” in the subject line. When you make a request, we ask that you help us by also identifying the following:
We may decline to process requests if we cannot verify the requestor’s identity, if we believe the request will jeopardize the privacy of others, if we believe the change would violate any law or legal requirement or cause the information to be incorrect, or for a similar legitimate purpose. In any case, where we provide information access, deletion or correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information. If we modify or delete some or all of your personal information, we will retain your personal data if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce obligations or fulfill any other requests from you (for example, to opt-out of further messages or for a copy of your data).
We will not discriminate against you for exercising any of your rights under applicable law. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
LAWFUL BASES OF DATA PROCESSING
We will only collect and process personal data about you where we have a lawful basis. Lawful bases include those uses and disclosures identified in this Policy, your consent, contract, and other legitimate interests. Such legitimate interests include protection to you, us and third parties, to comply with applicable law, to enable and administer our business, and to contact you concerning changes in law, invitation to our events and information about our services. We have analyzed the balance between our legitimate interests and your rights with the following considerations: (i) your personal data is collected and processed because you either use our good or services or have inquired into our good or services; (ii) your contact information is limited to your business details unless you chose to provide private contact details; (iii) the content of our communications focuses on business matters; (iv) our intention is to only generate meaningful consent or to contact you concerning services you have requested from us; and (v) the marketing messages we send to you contain an option to unsubscribe.
Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time. Where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact us at the information above. We retain personal information in accordance with our enterprise records retention schedule, which varies by service, business function, record classes, and record types. We calculate retention periods based upon and reserve the right to retain personal information for the periods that the personal information is needed to: (a) fulfill the purposes described in this Policy, (b) meet the timelines determined or recommended by regulators, professional bodies, or associations, (c) comply with applicable laws, legal holds, and other legal obligations (including contractual obligations), and (d) comply with your requests.
SECURITY AND PROTECTION
We implement industry standard security safeguards designed to protect your data. These include using encryption for your data while it is being transmitted between your device or browser and our servers. Nevertheless, given the nature of communications and information technology, and that the use of the internet has inherent risks, although we regularly monitor for possible vulnerabilities and attack, we cannot warrant or guarantee that information provided to us through the Site or stored in our systems or otherwise will be absolutely free from unauthorized intrusion by others. By using the Site, you agree that we are not responsible for: (i) any disclosure of your personal information made by you to a third party through your use of the Site; (ii) any disclosure of your personal information obtained illegally from us; or (iii) any accidental disclosure of your personal information made by us.
THIRD PARTY COLLECTION
Please keep in mind that the Site may contain links to other websites or apps. Some content or applications on or in the Site may be served by third-parties, including content providers, application providers, analytics companies, your mobile device manufacturer, and your mobile service provider. These other sites and companies may place their own cookies or other files on your computer, collect data or solicit personal information from you. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services. They may use this information to provide you with interest-based (behavioral) targeted content. We do not control these third parties’ privacy practices or tracking technologies. If you have any questions about targeted content, you should contact the responsible provider directly. You are responsible for reviewing the privacy statements and policies of those other websites you choose to link to or from the Site, so that you can understand how those websites collect, use and store your information. We are not responsible for the privacy statements, policies or content of these other companies and websites or apps, including websites you link to or from the Site.
CHILDREN’S PRIVACY
The Site is not intended for individuals under the age of 18 and we do not knowingly collect information from individuals under the age of 18. If you believe we have collected the information of an individual under the age of 18, please contact us at the information above.
INTELLECTUAL PROPERTY
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Pronoss, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Our name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Pronoss or its affiliates or licensors. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners. You must not use such marks without the prior written permission of Pronoss. No right, title or interest in or to the Site or any content on or offered through the Site is transferred to you, and all rights not expressly granted are reserved by Pronoss. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. If you feel that any content, material, name or logo used on our Site violates your intellectual property rights, please contact us at the information above.
AUTHORIZED AND PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to: (i) use the Site in any way that violates applicable law or the rights of any third party; (ii) any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (iv) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (v) use any device, software or routine that interferes with the proper working of the Site, introduce any malicious code or otherwise attempt to interfere with the proper working of the Site; or (v) use any part of the Site for any competing commercial purposes, commercial purposes not pre-approved by Pronoss, or in a manner that is likely to give the impression that information or content of yours emanates from or is endorsed by Pronoss if this is not the case.
INFORMATIONAL PURPOSE OF THE SITE
The information presented on or through the Site, including technical information and pricing, is made available solely for general information purposes, should not be relied upon and is subject to change. We may update the content on or offered through the Site from time to time, but any material on the Site may be out of date at any given time, and we are under no obligation to update such material. For product or service information specific to your particular needs, you should speak to a Pronoss representative directly and not rely on the Site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The site, its content and information obtained through the site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. without limiting the foregoing, neither pronoss nor anyone associated with pronoss represents or warrants that the site or its content or information will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the site or the server that makes it available are free of viruses or other harmful components or that the site or content or information obtained through the site will otherwise meet your needs or expectations. Pronoss hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
In no event will pronoss, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind arising out of or in connection with your use, or inability to use, the site, any sites linked to it or any content or information offered on or through the site (including any direct, indirect, special, incidental, consequential or punitive damages, regardless of the nature and including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data) under any legal theory and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
INDEMNIFICATION
You agree to defend, indemnify and hold Pronoss harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.
CHANGES
We may revise and update our Site as well as these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. The date these Terms were last modified is identified at the top of the page. You are responsible for ensuring you review any such changes to ensure your agreement with the same and to ensure that we have an up-to-date active and deliverable email address for you. We also reserve the right to withdraw or amend the Site, including any service or material we provide on or through the Site, in our sole discretion without notice.
GOVERNING LAW AND JURISDICTION
We are based in Oklahoma and provide the Site for use in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. All matters relating to the Site and these Terms and any dispute or claim arising out of or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule, whether of the State of Oklahoma or any other jurisdiction. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the state or federal courts located in Oklahoma City, Oklahoma, and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ENTIRE AGREEMENT
These Terms constitute the sole and entire agreement between you and us with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral. If any portion of these Terms is held to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent and the remaining terms will continue in full force and effect.