This Legal Notice and Privacy Statement governs your use and access of the website under the domain name “www.Mattersight.com” (the “Site”). The operator of this Site is Mattersight Corporation (“Mattersight”) (see contact information below). By accessing this Site, you agree to the following terms and conditions:
Intellectual Property Rights. Unless otherwise indicated, this Site and its content, including but not limited to all text, HTML code, CGI scripts, graphics, button images, and this Site’s design and “look and feel,” are the property of Mattersight and are protected pursuant to U.S. and foreign copyright and trademark laws. This Site and its content may not be modified, copied, distributed, republished, downloaded, uploaded, or commercially exploited in any manner without the prior written consent of Mattersight, except that you are permitted to download a copy of any of the materials on this Site on a single computer for personal noncommercial use, provided that no copyright, trademark, or other proprietary notices are removed. No intellectual property or other rights in or to this Site or its contents are transferred to you. The following terms are third-party trademarks used by Mattersight on this website under license:
- Net Promoter, NPS, and Net Promoter Score are trademarks of Satmetrix Systems, Inc., Bain & Company, Inc., and Fred Reichheld;
- PCM, Process Communication Model, PPI, and Personality Pattern Inventory are trademarks of Kahler Communications, Inc.
No Relationship Created. The information on this Site is provided solely for illustrative purposes and does not create any business, contractual, or employment relationship.
Forward-Looking Statements. Statements on this Site that are not historical facts are “forward-looking statements” that are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended (the “Securities Act”), and Section 21E of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). These forward-looking statements, which may be identified by use of words such as “plan,” “may,” “might,” “believe,” “expect,” “intend,” “could,” “would,” “should,” and other words and terms of similar meaning, in connection with any discussion of our prospects, financial statements, business, financial condition, revenues, results of operations, or liquidity, involve risks and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements. In addition to other factors and matters contained or incorporated in this Site, important factors that could cause actual results or events to differ materially from those indicated by such forward-looking statements include, among other things: uncertainties associated with the attraction of, and ability to execute contracts with, new clients; the continuation of existing and new engagements with existing clients and the timing of related client commitments; reliance on a relatively small number of customers for a significant percentage of Mattersight’s revenue; risks involving the variability and predictability of the number, size, scope, cost, and duration of and revenue from client engagements; management of the other risks associated with increasingly complex client projects and new service offerings, including execution risk; challenges in attracting, training, motivating and retaining highly skilled management, strategic, technical, product development, and other professional employees in a competitive information technology labor market; continuing intense competition and the rapid pace of technological innovation in the information technology services industry generally; the ability to raise sufficient amounts of debt or equity capital to meet Mattersight’s future operating and financial needs; protection of Mattersight’s technology, proprietary information, and other intellectual property rights from challenges by third parties; risks associated with compliance with international, federal, and state privacy and security laws and the protection of highly confidential information of clients and their customers; future legislative or regulatory actions relating to the information technology service industries, including those relating to data privacy and security; and general economic, business, and market conditions.
The risks outlined above should not be construed as exhaustive. A further list and description of these and other risks, uncertainties, and other matters can be found in Mattersight’s most recent Annual Report on Form 10-K and subsequent reports on Forms 10-Q and 8-K, all of which are available on this Site and at www.sec.gov. Mattersight undertakes no obligation to publicly update or revise any forward-looking statements on this Site, whether as a result of new information, future events or circumstances, or otherwise. In light of Regulation FD, it is our policy not to comment on earnings, financial guidance, or operations other than through press releases, publicly announced conference calls, or other means that will constitute public disclosure for purposes of Regulation FD.
No Warranty. THE MATERIAL ON THIS SITE IS PROVIDED “AS IS” AND IS WITHOUT WARRANTY OF ANY KIND. MATTERSIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. MATTERSIGHT ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.
Disclaimer of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL MATTERSIGHT BE LIABLE FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF MATTERSIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR ITS CONTENT.
No Posting or Linking. The posting of any content or material to this Site and the creation of a link from this Site to any other website are expressly prohibited without the prior written consent of Mattersight. Mattersight does not regularly review materials on websites linked to this Site and does not necessarily endorse the materials appearing on any linked websites.
Effective May 25, 2018
PERSONAL INFORMATION THAT MATTERSIGHT COLLECTS
In the course of completing contact forms on our site, we may ask you to provide personal information (e.g., your name, phone number, email address, employer, job title, general areas of interest, etc.). It’s important that you understand there is no requirement by law for you to provide Mattersight with your personal details – the information you share with us is entirely voluntary.
We request that you provide Mattersight with complete, accurate and correct details. Your failure to do so will likely result in Mattersight’s being unable to contact you about your inquiries.
If, at any time, you provide Mattersight with personal details about another person, you expressly represent and warrant that you received that person’s explicit written consent to provide such details to Mattersight.
INFORMATION GATHERED WHEN USING OUR WEBSITE
Mattersight may collect information pertaining to your activity on our Website, including content that you have read, the web pages you visited, offers and services that were of interest to you, the location of the computer and the Internet Protocol (IP) address through which you had access to the Website and more. Additionally, Mattersight may collect or use the assistance of third parties to collect and analyze anonymous, statistical or aggregative information related to your use of our Website (and if applicable, the Services offered thereon), including information related to your personal details and activities.
Furthermore, we may, or with the assistance of third parties, engage in interest-based advertising in order to deliver advertisements and personalized content that we and other advertisers believe will be of interest to you. To the extent third-parties are using cookies or other technologies to perform these services, Mattersight does not control the use of this technology or the resulting information for online, mobile, or email advertising, and is not responsible for any actions or policies of such third parties. Advertisements, emails, and other messages may be delivered to you by Mattersight or its service providers based on your online or mobile behavior, your search activity, your geographic location or other information that is collected by us or obtained from third parties. You may also see advertisements for third parties, other websites or properties, or on your mobile device, based on your visits to, and activities on, the Website. Some of our vendors and we may use our own or third-party aggregated or anonymized personal information, demographic data, and other inferred commercial interests to assist in the delivery of our advertisements to you.
In addition, we and our business partners use third parties to establish deterministic or probabilistic connections among devices (such as smartphones, tablets, and computers) to deliver more relevant advertising to you and for advertising analytics and reporting purposes. This means that information about your use of websites or applications on your current device may be combined with information from your other devices. We also may share this information and other inferences with third parties to allow them to target advertising, personalize content, or analyze behavior. This also allows for a more personalized experience across our Website.
USE OF INFORMATION
We will store the information you provide and the information we collect about your activity on the Website throughout our databases (the “Databases”). We reserve the right to use such information for the following purposes:
- To provide the Services on our Website and to enable you to use them;
- To improve and expand the Services and content offered on the Website, including to create new services and content which correspond to the requirements and expectations of the users of the Website and to modify or cancel existing Services and content. The information used by Mattersight for this purpose will be mainly statistical information, and will not identify you personally;
- To improve and customize your experience and other users’ experience with both our Website and related Services;
- To contact you occasionally, either by Mattersight or by a third party acting on our behalf, regarding Mattersight’s Services and products.
- To contact you if you or someone in your organization requests a product demonstration or product information;
- To contact you as and when Mattersight believes it to be necessary for technical, administrative or security reasons;
- To analyze and provide statistical information to third parties. This information will not identify you personally;
- For the orderly and proper operation and development of the Website and associated Services; or
Subject to applicable laws and aside from our first communication, we will only contact you about Mattersight’s offerings if you permit us to do so. Even if you authorize Mattersight to contact you, your authorization may be revoked/withdrawn by you at any time by following the procedures outlined in the Access to Personal Information section below and you may opt out of Mattersight’s Website’s mailing lists by either following the instructions within that section or the unsubscribe instructions in the emails you receive.
TRANSFER OF INFORMATION TO THIRD PARTIES
- If Mattersight reasonably believes that it is required by law to share or disclose your information in order to prevent, investigate, or take action regarding illegal activities. In addition, to establish or exercise our legal rights or defend against legal claims. Further, your personal information may be disclosed as permitted or required by, or in response to lawful requests by applicable local law enforcement agencies or regulatory agencies, or agencies with responsibility to oversee and enforce national security;
- In any case of dispute, or legal proceeding of any kind between you and Mattersight, or between you and other users or third parties with respect to, or in relation with the Services;
- In any case where Mattersight may reasonably believe that sharing information is necessary to prevent serious damage to your person or property or to the person or property of any third party;
- Mattersight may share personal information and information related to your use of the Website, with companies or organizations connected to or affiliated with Mattersight, such as subsidiaries, affiliated companies, sister-companies, parent companies and service providers such as an email service provider to send you emails on our behalf, with the express provision that their use of such information must comply with this policy; or
- Mattersight is also permitted to transfer or share anonymous, statistic or aggregative information with companies or organizations connected to Mattersight, and with suppliers, business partners, advertisers, and every third party, according to Mattersight’s absolute discretion; however, Mattersight will not disclose your identity to them, knowingly or deliberately, without receiving your consent.
CHILDREN’S ONLINE PRIVACY INFORMATION
Mattersight does not knowingly collect personal information from minors who are under the age of 16 through our Website and/or the Services thereon. If a parent or guardian becomes aware that his or her child has provided us with personal information without his/her consent, then he or she should contact Mattersight at the information described below. If we become aware that a child under the age of 16 has provided us with personal information, we will delete such information from our files. Further, the Children’s Online Privacy Protection Act (“COPPA”) requires parental consent for collection of data from children younger than the age of 13 years old. For tips on protecting children’s privacy online, generally, please view the U.S. Federal Trade Commission (“FTC”) website at http://www.ftc.gov/privacy/privacyinitiatives/childrens.html.
INTEREST BASED ADVERTISING
SOCIAL MEDIA FEATURES
LINKS TO THIRD-PARTY SITES
This Website contains links to other sites that are not owned or controlled by Mattersight. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every web site that collects personal information. This privacy statement applies only to information collected by this Website.
Mattersight implements data security systems and procedures to secure the information stored on Mattersight computer servers. Such systems and procedures reduce the risk of security breaches, but they do not provide absolute security. Therefore, Mattersight cannot guarantee that our Website and Services are immune to unauthorized access to the information stored therein and to other information security risks.
ACCESS TO PERSONAL INFORMATION
If your personal information changes, or if you no longer desire to use and access our Website and/or Services, you may correct, update, delete/deactivate your information by emailing Mattersight via the contact information listed below. We will undertake to respond to your request within 30 days of Mattersight’s receipt thereof. Although Mattersight will make reasonable efforts to accommodate your requests, in some circumstances we may not agree. If that should happen, Mattersight expressly reserves the right to refuse your request to change the personal information in Mattersight’s records, and will instead append an alternative text to the record in question. Before Mattersight is able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request
We will retain your information for as long as your account is active or as needed to provide you Services. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and to enforce our agreements.
If you have any questions, comments, or complaints about this Legal Notice and Privacy Statement, or about any personal information pertaining to you that was collected through this Site, you may contact Mattersight’s legal department at firstname.lastname@example.org.