ProClient Tax Management System Privacy Policy

Last Modified: October 26, 2022

1. Introduction

Ultimate Tax Service, Inc. dba ProClient (“ProClient”) is dedicated to protecting your personal information and informing you about how we use your information. This Privacy Policy applies to the website https://www.proclient.com and the ProClient software, mobile application, application, components, and any associated services offered (collectively the “Platform”). This Privacy Policy should be read in conjunction with the ProClient User Terms and/or the ProClient Subscriber Terms and is integrated into such agreements (collectively referred to as “Terms Agreements”). All capitalized proper nouns not defined in this Privacy Policy will have the same definitions and meanings as defined by the Terms Agreements.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY USING OR ACCESSING OUR PLATFORM YOU UNDERSTAND AND ACKNOWLEDGE THAT WE WILL COLLECT AND USE YOUR PERSONAL INFORMATION AS DESCRIBED BELOW AND YOU AGREE TO THIS PRIVACY POLICY. PLEASE REVIEW THIS PRIVACY POLICY PERIODICALLY AS WE MAY REVISE IT FROM TIME TO TIME. IF YOU DO NOT AGREE WITH OR ACCEPT OUR PRIVACY POLICY IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE PLATFORM. IF YOU USE THE PLATFORM FOLLOWING A CHANGE TO THE TERMS OF THIS PRIVACY POLICY YOU AGREE TO ACCEPT THE REVISED POLICIES.

2. Information Collected

At ProClient, we collect personally identifiable information (“PII”) that may be submitted, collected via your interactions with the Platform, or through the use of tracking technology including cookies.

PII Submitted by Users

You will not be required to provide ProClient with any information when you visit our Platform. When you sign up to use a client portal, or receive login and access information for the Platform, we may collect PII such as your name, additional identifying information, email, telephone number, personal details, age, banking information, tax information, government ID, financial, accounting, and credit information, SSN, and work information. Where you submit information in this manner you consent that we may contact you via the PII provided. We will only contact you in connection with your use of the Platform. Please be aware that the ProClient Platform allows Subscribers to store PII for the purposes of tax preparation and financial services services. Such PII shall be used by Subscribers to provide any services as agreed upon between any Subscriber or User. ProClient shall use such PII at the direction of Subscriber. to ensure proper functioning of the Platform and to provide any services offered via the Platform.

PII Submitted by Subscribers

You will not be required to provide us any information when you visit our Platform. Where you submit a request for us to contact you, and when you subscribe to the Platform, we may collect PII such as your name, additional identifying information, email, telephone number, personal or business details, age, banking information, licensing information, government ID, tax information, and financial and credit information, EIN, and work information. Where you submit information in this manner you consent that we may contact you via the PII provided.

PII Collected

Whenever you use our Platform, we may automatically collect PII from your interactions with the Platform, which includes information such as your IP address, zip code, gender, and registration history, interactions with the Platform, usage information, location, browser, operating system and computer or device information.

3. Use of Your Information

We use your PII for the following purposes:

  • To provide any services offered and to operate ProClient Platform including sharing information with Subscribers and Users as required.
  • To enhance or improve the Platform and our users’ experience.
  • To analyze, understand, benchmark, and troubleshoot issues related to the Platform.
  • To contact you via email or other electronic communications where you have an inquiry.
  • To notify you of additional ProClient services and updates.
  • To share your information with third party partners or third parties hired by us to perform functions and provide services to us subject to the obligations consistent with this Privacy Policy and on the condition that the third parties use your information only on our behalf and pursuant to our instructions.
  • For legal purposes such as fraud prevention, governmental investigation, criminal, civil, or other current or future legal proceedings.

4. Accessing, Editing, and Removing Your Information

If you have any questions or wish to review, remove, change, or access any of your information collected by us, please contact us at support@proclient.com. Any requests to delete or modify information shall be subject to our right to retain such information for business or legal purposes.

5. Cookies and Tracking

We may use cookies to provide the services, to remember you, and to otherwise assist us in providing functionality to the Platform. Cookies must be enabled in your browser in order for our Platform to function properly. If you disable cookies from your web browser some portions of our Platform may not work.

6.Third-Party Access to Your Information

Although you are entering into an Agreement with ProClient to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others to allow you to access the Platform and you permit us to share your information with such third parties.

7. Law Enforcement

You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated United States’ federal and state laws, the terms of our Terms Agreements or our Privacy Policy, or if we believe that a third party is at risk of bodily or economic harm. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, where your actions violate any law of the United States or any other country having jurisdiction over us, our Platform, or our Terms Agreements. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or federal authorities, as required.

8. Opt Out of Commercial, Non-Commercial Communications and Do Not Track

If you decide to provide us with your contact information, you agree that we may send you communications via text and emails where you have opted into such communications. However, you may unsubscribe from certain communications by notifying ProClient that you no longer wish to receive these communications, we will endeavour to promptly remove you from our once we have received that request. We currently do not offer functionality for you to opt out through “do not track” listings as no DNT standard has been adopted.

9. Third Parties

ProClient may post links to third party websites on Platform, which may include information that we have no control over. When accessing a third party site through our Platform, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites. We bear no responsibility for the information collected or used by any advertiser or third party website. You must review such third party’s terms of service, other agreements, or privacy policy to understand how their information collection practices work.

10. Security Measures

We make reasonable attempts to protect your information by using physical and electronic safeguards such as data encryption, user authentication, password verification, and physical barriers. However, as this is the Internet, and the transmission of information via the Internet is never completely secure, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine electronic security checks, firewalls, and other precautions to protect yourself from security and privacy threats.

11. State Privacy Rights

Some states such as California, Nevada, and Virginia permit additional rights to its residents regarding personal information collection. If you are a resident of such state, you may be able to request additional information regarding our privacy practices and you may have additional rights related to your personal information depending on your jurisdiction. Various provisions throughout this Privacy Policy such state requirements. You may contact us at support@proclient.com with any questions.

12. Age Compliance

We intend to fully comply with American and international laws respecting children’s privacy including COPPA. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18 and using our Platform, please stop immediately and do not submit any information to us. In the event that we have inadvertently collected any information from users under the age of 18 please contact us immediately.

13. International Transfer

Your information may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. PII and Non-PII that is submitted to ProClient will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and this policy. If you are a non-U.S. member, you acknowledge and agree that ProClient may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries.

14. Merger and Acquisition

In the event that ProClient is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.

15. Amendments

Like our Terms Agreements, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you. You must agree to the amendments as a condition of your continued use of our Platform, and your continued use of the Platform will mean that you do agree to be bound by the amendments. If you do not agree, you must immediately cease using our Platform and notify us of your refusal to agree by e-mailing us at support@proclient.com.

16. Contact Information

If you have any questions or require additional information related to our information collection practices, please contact us at support@proclient.com or Attn: Ultimate Tax Service, Inc. dba ProClient 1500 Plaza Place, Muscatine, IA 52761.

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