ProClient Privacy Policy

Last Modified: June 1, 2020

INTRODUCTION

This Privacy Policy applies to www.ProClient.com, including the ProClient application (collectively, the “Website”), which is owned and operated by Ultimate Tax Service, Inc. d/b/a ProClient (“we,” “our” or “ProClient”).

At ProClient, we recognize and respect your privacy. This Privacy Policy explains how we collect, use, and disclose personally identifiable information (“Personal Information”) gathered through our Website. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using the Website, you agree to this privacy policy. This policy may change from time to time (see the “Changes to This Policy” section below). Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

WHEN AND TO WHAT THIS POLICY APPLIES

This policy applies to information we collect:

  • On the Website.
  • In email, text, and other electronic messages between you and the Website.
  • Through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • ProClient offline or through any other means, including on any other website operated by ProClient or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

This Privacy Policy is subject to and incorporates by reference our Terms of Use, including its limitation on liability.

TO WHOM DOES THIS POLICY APPLY

This Policy applies to the following types of users: 1) any visitor to the ProClient.com website (a “Visitor”); 2) subscribers to the ProClient online application (a “Subscriber”); and 3) clients of a Subscriber who choose to interact with the Subscriber through ProClient (a “Client”). Your user role will determine the type of information that is collected from you by us.

AGE LIMITATION

Our Website is meant for business-to-business applications and is not intended for anyone under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from anyone under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, subscribe to any services through the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a person under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about an individual under 18, please contact us at [email protected].

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We may collect several types of information from and about users of our Website, including information:

  • By which you may be personally identified, such as name, e-mail address, phone number, state or country of origin, website addresses or any other identifier by which you may be contacted online or offline ("personal information");
  • That is about you but individually does not identify you, such as your IP Address; and/or
  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  1. Directly from you when you provide it to us.
  2. Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  3. From third parties, for example, our Subscribers may provide your information to us to set you up as a Client and to invite you to use the Website.
  1. Information You Provide to Us

Some information we collect from you is required by us and some is optional. Your information will remain private unless you specifically authorize us to share it with third parties. We will inform you and seek your approval when there is an opportunity to share your contact information with a third party. Certain Personal Information must be supplied to determine eligibility for our services, receive notices from us, to purchase a subscription to our services, participate in transactions through our website, and to verify and guard against potential fraud. For example, phone numbers are used for two factor authentication and support services and to make messaging by text available with your consent. Additional information may be gathered during your subsequent use of the Website, whenever you choose to provide it. The primary purpose of the Website is to facilitate sharing of information between Client and Subscribers. If you are a Client, you will likely be uploading personal, sensitive and financial files and information (“Client Files”) onto our secure servers to share with the Subscriber with whom you are working. Subscribers may also upload work product related to a Client to share with that Client.

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to newsletters or notice alerts, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before subscribing to services through our Website. This payment information is kept securely by our payment processing service provider(s).
  • Files you choose to upload to the Website and any information that you might choose to enter into our system as part of your use of our services.
  • ProClient's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

As a Client, you may choose to upload and share Client Files with a Subscriber through the Website. Although we provide security and limit access to Client Files, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your Client Files. Therefore, we cannot and do not guarantee that Client Files or other user information will not be viewed by unauthorized persons.

  1. Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up our services.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit ProClient, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

  1. Information We Collect from Subscribers

The primary purpose of the Website is to facilitate communications and the sharing of information between a business (the Subscriber) and a Client. If you are a Client, a Subscriber may have provided us with certain information about you to establish you as a Client and to communicate to you. This information may include your name, email address and other contact information. The Subscriber may also use certain functionality within the Website to send you and other clients electronic mail, such as newsletters, notices and other information that the Subscriber chooses to share with you. If you choose to opt-out of these messages, you may not receive certain information that the Subscriber wished to share with you. If a Subscriber has provided us with your information for these purposes and you do not want to have your personal information provided to us, you should first request the Subscriber to delete your information from the Subscriber’s account. If you believe the Subscriber has failed to delete your personal information after you have made a request and provided reasonable time for the Subscriber to confirm, you may contact us at [email protected] to seek assistance in deleting your information.

HOW WE USE YOUR INFORMATION

We will not sell your personal information to third parties. We will only share your information with third parties with your prior approval. Client Files are only meant to be accessible by the Client who uploaded the files and the Subscriber with whom the Client is working. 

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us, including such services as integration with your third-party calendaring and email applications.
  • To facilitate the sharing of files and information between Subscribers and Clients.
  • To provide you with notices about your account/subscription, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website, including this policy and our Terms of Use, or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe at the time that you provide the information.
  • For any other purpose with your prior consent, which consent may be given by changing settings within the privacy section of your account profile once you become a registered user.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them, which in turn will be the purposes for which you disclosed it to us.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ProClient’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by ProClient about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address in connection with inviting a new user to the Website, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us at the time you provide the information.
  • With your prior consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ProClient, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Marketing Communications. We may send you emails from time-to-time about information that we (or third parties) believe may be of interest to you. We may also send you news and offers from us or other third parties, which may include our newsletter or information about special offers, products or offerings, or other items. If, at any time, you would like to stop receiving these promotional e-mails, you may follow the opt-out instructions contained in any such e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. You may also opt-out to various marketing communications by logging into the Website and adjusting your user preferences in your account profile (once you are a registered user). If you opt-out of receiving emails or promotions from us, we still may send you e-mails about your account, your application or any products or services you have requested or received from us, or for other customer service purposes

MISCELLANEOUS

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, cause the information to be incorrect or may cause a situation where ProClient will become non-compliant with applicable laws or regulations.

If you delete your Client Files from the Website, copies of your Client Files may remain backup storage until such time that they are overwritten by a future backup. Client Files might have been copied or stored by the Subcriber with whom you are working and we cannot control such use. Proper access and use of information provided on the Website, including Client Files, is governed by our Terms of Use.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you with services. In addition, we are required to keep, retain your information as necessary to comply with our legal obligations, resolve disputes, and enforce agreements. Client Files that are not deleted by the Client or Subscriber will be purged five years after the Subscriber terminates its subscription with ProClient.

Testimonials

We may display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at [email protected].

Third-party Links

At times, our Website may contain links to other, third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy but, instead, is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

International Users

The Website is hosted in the United States. If you are accessing the Website from outside the United States, by providing your information to the Website, you are consenting to and authorizing the transfer of your information to the United States for storage, use, processing, maintenance, and onward transfer of such information to other entities regardless of their location in accordance with this Privacy Policy and our Terms of Use. You are also consenting to the application of United States law in all matters concerning the Website. Additional information for users protected by the General Data Protection Regulation (GDPR) can be found below.

Security

ProClient takes reasonable steps to safeguard your personal and sensitive information through vigorous physical, electronic, and operational policies and practices. Data can only be read or written through defined service access points, the use of which is password-protected. The physical security of the data is achieved through a combination of network firewalls and servers with operating systems, all housed in a secure facility. Access to the system is controlled.

Further, we also equip our servers with Secure Socket Layer (SSL) certificate technology to ensure that when you connect you are actually on our Website. SSL also ensures that all data entered into the web site is encrypted. To verify that SSL is being used, look for the key or padlock icon on your browser. For further encryption protection, we use a 256-bit secure browser for logins and transactions. Finally, we subject our systems to periodic security audits to ensure that your information is thoroughly protected and secure.

No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at [email protected].

Secure, Off-Website Hosting

We do not handle financial data such as credit card data, but instead use a third-party provider. For information on our provider’s privacy policy, please see https://go.wepay.com/privacy-policy/.

Session Time-Outs

We also employ session time-outs to protect your account. You will be logged out of the Website automatically after a specified period of inactivity. This time-out feature reduces the risk of others being able to access your account if you leave your computer unattended.

Passwords

Your password is not known to any employee or third party with whom we may partner, and we will never ask for your password as a means of identifying yourself. You should never share your password with anyone, and if you ever receive an email purporting to come from us that asks for your password, you should immediately report this development to us at [email protected].

What You Can Do to Protect Your Privacy

In addition to our own substantial efforts, you can take several precautions to protect the security of your computer and Personal Information. For instance, you can start by using a complex/well-chosen password. You should avoid using any information that others can easily learn about you, such as a family member’s name or birthday; you can also use special characters in place of letters. We also recommend that you change your password frequently. You can also install and regularly update antivirus and firewall software to protect your computer or device from external attacks by malicious users. When you are finished with a session on our site, be sure that you log out and close the browser window.

If you use a computer that is accessed by other people, such as in a public library or Internet cafe, we recommend that you take special precautions to protect the security of your account and personal data. When you are finished using our site, you should log out completely, then close the browser window and clear the browser’s cache files.

You should also be aware of fraudulent attempts to gain access to your account information known as “phishing.” Phishing is a tactic used by scammers in which unsuspecting people are brought to a website by a genuine-looking email purporting to be from a legitimate company. The phony or “spoof” email takes the person to a website that looks legitimate but in fact is not. Either in the email itself or on this fake site, scammers will ask for login information to gain access to people’s accounts and withdraw their money. ProClient will never ask you for your login information in the context of any email. In general, you can protect yourself against phishing by never providing personal or login information via an email, instead, go the web site directly. You might also make it a habit to check the URL of a web site to be sure that it begins with the correct domain. You should always ensure the URL begins with https://www.proclient.com.

Changes to This Policy

We may update this privacy policy to reflect changes to our information practices. If we make any material changes we will notify you by email and/or a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

Questions? You may contact us with any questions or concerns about this Privacy Policy at:

UltimateTax Service, Inc.
1500 Plaza Place, Suite 201
Muscatine, IA 52761
Attention: Customer Support
[email protected]
866-686-7211

_____________________

NEVADA RESIDENTS.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: [email protected]. However, please know we do not sell data triggering that statute's opt-out requirements.

_____________________

GENERAL DATA PROTECTION REGULATION (GDPR) PRIVACY NOTICE

  1. Purpose of this notice

This portion of our Privacy Policy provides mandatory information as required under Articles 13 and 14 of the European General Data Protection Regulation (GDPR) regarding the transparency of personal data processing in connection with individuals residing in countries that have adopted the GDPR. Definitions of certain terms within this notice are explained in the GDPR Appendix below.

  1. The Data Controller for personal data

ProClient will be a Data Controller when it collects personal data directly from you (in which cases you are the “Data Subject”). In these circumstances ProClient will be acting under a ‘Legitimate Interest’ to legally process the data for the provision of services to you and to fulfill the contractual requirements under our Terms of Use.

  1. Your Rights

If you are a Data Subject located in a country that has adopted the GDPR, then you have certain rights under the GDPR. These rights can be seen below. ProClient will always fully respect your rights regarding the processing of your personal data, and has provided below the details of the person to contact if you have any concerns or questions regarding how we process your data, or if you wish to exercise any rights you have under the GDPR.

  1. Contact Details

If you need contact ProClient regarding your rights under the GDPR, please direct your inquiries to:

UltimateTax Service, Inc.
1500 Plaza Place, Suite 201
Muscatine, IA 52761
Attention: Customer Support
[email protected]
866-686-7211
  1. Data Protection Principles

ProClient has adopted the following principles to govern its collection and processing of Personal Data:

  • Personal Data shall be processed lawfully, fairly, and in a transparent manner.
  • The Personal Data collected from the Data Subject will only be those specifically required to provide the Data Subject with the service(s) he/she has actively chosen to obtain from ProClient, including the provision of notifications in connection with such services. Data may be used for other purposes such as marketing additional products and services from ProClient and its partners, but you will always have the right to turn such other uses on and off within the privacy section of your user account settings. Such data will only be processed for these purpose.
  • Personal Data shall only be retained for as long as it is required to fulfil contractual requirements, comply with accounting and auditing requirements or to generate aggregated statistical information for our internal marketing purposes or the development of statistical reports such as user trend reports.
  • Personal Data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and/or processed. Personal Data shall be accurate and, where necessary, kept up to date.
  • The Data Subject has the right to request from ProClient access to and rectification or erasure of their personal data, to object to or request restriction of processing concerning the data, or to the right to data portability. In each case such a request must be put in writing to the contact above.
  • The Data Subject has the right to make a complaint directly to a supervisory authority within their own country. ProClient’s Data Protection compliance is supervised by:
UltimateTax Service, Inc.
1500 Plaza Place, Suite 201
Muscatine, IA 52761
[email protected]
866-686-7211

Personal Data shall only be processed based on the legal basis explained above, except where such interests are overridden by the fundamental rights and freedoms of the Data Subject which will always take precedent. If the Data Subject has provided specific additional Consent to the processing, then such consent may be withdrawn at any time (but may then result in an inability to fulfil travel requirements).

ProClient will not use personal data for any monitoring or profiling activity or process, and will not adopt any automated decision-making processes.

  1. Transfers to Third Parties

ProClient does not share or transfer Personal Data to third party companies. When you provide payment information in order to purchase services or other financial transactions, ProClient does use a third-party payment processor. See https://go.wepay.com/privacy-policy/.

  1. Transfers outside the EU

ProClient is located in the United States and all Personal Data that the Data Subject shares with ProClient will be processed and stored by ProClient in the United States. When the Data Subject provides Personal Data, it will be transferred to ProClient and its servers within the United States.

GDPR Appendix – Definitions of certain terms referred to above:

Personal Data: (Article 4 of the GDPR): ‘personal data’ 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.

Processing: (Article 4 of the GDPR): means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, erasure or destruction.

Legal Basis for Processing: (Article 6 of the GDPR): At least one of these must apply whenever personal data is processed:

  • Consent: the individual has given clear consent for the processing of their personal data for a specific purpose.
  • Contract: the processing is necessary for compliance with a contract.
  • Legalobligation: the processing is necessary to comply with the law (not including contractual obligations).
  • Vital interests: the processing is necessary to protect someone’s life.
  • Public task: the processing is necessary to perform a task in the public interest, and the task or function has a clear basis in law.
  • Legitimate interests: the processing is necessary for the legitimate interests of the Data Controller unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.

Data Controller: (Article 4 of the GDPR): this means the person or company that determines the purposes and the means of processing personal data.

Data Subject Rights: (Chapter 3 of the GDPR) each Data Subject has eight rights. These are:

  • The right to be informed; This means anyone processing your personal data must make clear what they are processing, why, and who else the data may be passed to.
  • The right of access; this is your right to see what data is held about you by a Data Controller.
  • The right to rectification; the right to have your data corrected or amended if what is held is incorrect in some way.
  • The right to erasure; under certain circumstances you can ask for your personal data to be deleted. This is also called ‘the Right to be Forgotten’. This would apply if the personal data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.
  • The right to restrict processing; this gives the Data Subject the right to ask for a temporary halt to processing of personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
  • The right to data portability; a Data Subject has the right to ask for any data supplied directly to the Data Controller by him or her, to be provided in a structured, commonly used, and machine-readable format.
  • The right to object; the Data Subject has the right to object to further processing of their data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.
  • Rights in relation to automated decision making and profiling; Data Subjects have the right not to be subject to a decision based solely on automated processing.