Privacy Policy

Privacy Policy Overview

When you use and interact with our websites, services, or communicate with us, we may collect, use and process information relating to you and your company (“your data”). This Privacy Policy summarizes our practices and your related rights with respect to your data. The term “our company” in this document refers to OrgChart, LLC (formally known as OfficeWork Software, LLC).

We may transfer your data if we are acquired by or merged with another company. In this event, we will notify you before information about you is transferred and becomes subject to a different privacy policy.

  1. Web sites and applications covered Our applications and web sites may contain links to other web sites. The information practices or the content of such other web sites is governed by the privacy statements or policy of such other web sites. Our company encourages you to review the privacy statements/policy of other web sites to understand their information practices.
  2. Information collected When expressing an interest in obtaining additional information about our services or registering to use our services, we may require you to provide contact information, such as your name, your company name, a phone number, or email address. When purchasing our services, we may require you to provide our company with billing information, such as a billing address, credit card number, or the number of employees within your organization (“Billing Information”). We may also ask you to provide additional information to help us determine which product or service is appropriate for your use case. As you navigate our company’s web sites and applications, we may also collect information through the use of commonly used information-gathering tools, such as cookies and web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on our company’s web sites (such as the web pages viewed and the links clicked).
  3. Use of information collected Our company uses your data to provide you with requested services. For example, if you fill out a “Contact Me” web form, our company will use the information provided to contact you about your interest in our services. Our company may also use your data for marketing purposes. For example, our company may your data to inform you about available products and services. We use credit card information solely to collect payment from prospective customers. We use Web Site Navigational Information to operate and improve our company’s web sites.
  4. Web Site Navigational Information Cookies, Web Beacons and IP Addresses We use commonly used information-gathering tools, such as cookies and web beacons, to collect information as you navigate our company’s web sites (“Web Site Navigational Information”). This section describes the types of Web Site Navigational Information used on our company’s web sites and how this information may be used. Cookies We use cookies to make interactions with our company’s web sites easy and meaningful. Unless you choose to identify yourself to us, either by responding to a promotional offer, opening an account, or filling out a web form (such as a “Contact Me” or a “Free Trial” web form), you remain anonymous to our company. Our accounts use persistent cookies (cookies that remain on your computer after you close your browser or turn off your computer) to store some user preferences. Persistent cookies do not personally identify you. Web Beacons We use web beacons alone or in conjunction with cookies to compile information about customers and visitors’ usage of our company’s web sites and interaction with emails from our company. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular web site tied to the web beacon, and a description of a web site tied to the web beacon. For example, we may place web beacons in marketing emails that notify our company when you click on a link in the email that directs you to one of our company’s web sites. We use web beacons to operate and improve our company’s web sites and email communications. IP Addresses When you visit our web sites or applications, our company collects your Internet Protocol (“IP”) addresses to track and aggregate non-personal information. For example, we use IP addresses to monitor the regions from which customers and visitors navigate our company’s web sites.
  5. Public forums, refer a friend, and customer testimonials We may provide bulletin boards, blogs, or chat rooms on our company’s web sites. Any personal or corporate information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these forums. Customers and visitors may elect to use our company’s referral program to inform friends about our company’s web sites. When using the referral program, our company requests the friend’s name and email address. We may send the friend a one-time email inviting them to visit our company’s web sites. We may post a list of customers and testimonials on our company’s web sites that contain information such as customer names and titles. We will obtain the consent of each customer prior to posting any information on such a list or posting testimonials.
  6. Sharing of information collected Service Providers We may share data about customers with our company’s contracted service providers so that these service providers can provide services on our behalf. We may also share data about customers with our company’s service providers to ensure the quality of information provided. Unless described in this Privacy Policy, we do not share, sell, rent, or trade any information with third parties for their promotional purposes. All service providers privacy policies must meet or exceed our stated privacy requirements. Billing We may use a third-party service providers to manage credit card processing. These service providers are not permitted to store, retain, or use billing information except for the sole purpose of credit card processing on our company’s behalf. Compelled Disclosure We reserve the right to use or disclose information provided if required by law or if our company reasonably believes that use or disclosure is necessary to protect our company’s rights and/or to comply with a judicial proceeding, court order, or legal process.
  7. International transfer of information collected All data currently stored on our servers is subject to any applicable laws/regulations within the region where the server is hosted. Please contact [email protected] with any data residency specific requirements. Data loaded into our services will not be transferred to another region without your permission.
  8. Communications preferences You may send a request to opt out of receiving any marketing and/or sales communications to [email protected]. Customers cannot opt out of receiving transactional emails related to subscribed services.
  9. Correcting and updating your information To update billing or other customer Information or to have information deleted, please email [email protected]. To discontinue your account and to have information you maintained in the Services returned to you, please email [email protected]. Requests to access, change, or delete your information will be handled within 30 days of written request.
  10. Customer Data Customers may electronically submit data or information to the services for hosting and processing purposes (“Customer Data”). We will not review, share, distribute, or reference any such customer data except as required by law. We may access customer data only for the purpose of providing the services, preventing or addressing service or technical problems, at a customer’s request in connection with customer support matters, or as may be required by law.
  11. Security We use robust security measures to protect customer data from unauthorized access, maintain data accuracy, and help ensure the appropriate use of customer data. We host our web sites and applications in a secure server environments that uses firewalls, intrusion detection systems, and other advanced technology to prevent interference or access from outside intruders. Customers are responsible for maintaining the security and confidentiality of their usernames and passwords. All passwords are encrypted using one way encryption mechanisms and are encrypted both while in transit and at rest.
  12. Data Storage We use certified third hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our services. Although we own the code, databases, and all rights to our applications, you retain all rights to your data. Our primary hosting partner is AWS (Amazon Web Services). We do an annual audit of AWS to ensure compliance with standards/regulations including GDPR, SOC 2 and ISO 27001. See https://aws.amazon.com/compliance/programs/ for additional information. We also geolocate data within AWS to ensure compliance with GDPR (e.g., EU customers are hosted within EU data center facilities).
  13. Google Integration The Google Slides export feature requires permissions to view and manage Google Drive files and folders that you have opened or created using our services. By utilizing this service, you agree to allow our services access to your Google Drive directories to create, manage, and upload files created by our services. We adhere to Google API Services User Data Policy, including the Limited Use requirements.
  14. Changes to this Privacy Policy We reserve the right to change this Privacy Policy. We will provide notification of the material changes to this Privacy Policy through our company’s web sites at least thirty (30) business days prior to the change taking effect.
  15. Your California Privacy Rights If you are a California resident, California Civil Code Section 1798.83 permits you to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you do not want your name and contact information to be shared with any company or organization, you may notify us at any time by emailing us at [email protected].
  16. GDPR The General Data Protection Regulation (GDPR) is a set of laws enacted in the EU in 2018. GDPR has specific requirements regarding data processing and transfer of data out of the EU. Our company has a consistent level of data protection and security across our organization which we have extended to ensure GDPR compliancy. A complete GDPR statement can be obtained by emailing [email protected].
  17. Privacy Shield We comply with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. We have certified to the U.S. Department of Commerce that we adhere to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit http://www.privacyshield.gov. We commit to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.
    • We do not directly source personal data from individuals. Personal data may be fed from your EMPLOYER’s (defined as current or former employer) HR systems. Please contact your EMPLOYER with any privacy related concerns. Your EMPLOYER owns all data on our systems and can purge data as required from our services.
    • We are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) and will comply with all legal requests.
    • We will comply with any privacy-related rulings against your EMPLOYER (including the results of binding arbitration).
    • We will not transfer data to third parties unless directed by EMPLOYER (owner of the HR data).
    • In the context of an onward transfer, we have responsibility for the processing of personal information we receive under privacy principles including the Privacy Shield, and subsequently transfers to a third party acting as an agent on our behalf. We shall remain liable under the Principles if an agent processes such personal information in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage.
  18. ADP Marketplace Customers Any customers purchasing our services through the ADP Marketplace are subject to the terms of the applicable ADP privacy policy(s). For these customers, the terms of the applicable ADP privacy policy(s) take precedence over any terms stated within our privacy policy.
  19. Contacting us Questions regarding this Privacy Policy or the information practices of our company’s web sites should be directed to [email protected].

Terms & Conditions

Subscription Agreement & Terms of Service

Your subscription allows your company & affiliates to make use of the OrgChart services as long as you have an active subscription. Support and maintenance are included with all active subscriptions. Access to all software updates and patches is included with all active subscriptions.

Maintenance & Support

Maintenance and Support includes e-mail and phone support. We respond to most requests same business day. In most cases we can resolve any questions same day and will give you a support status call on any issue that is reported within 1 business day.

Training

Training is typically provided via web meeting software but can provided on-site for an additional fee. We request that an individual within your company serve as a single point of contact to coordinate the training and use of the software. While we can provide the training session for all users, we find that the ‘train the trainer’ model works best.

Delivery

Your OrgChart account will be activated upon receipt of payment or purchase order.

Privacy

See our Privacy Policy.

Also, upon request we can execute a mutual non-disclosure agreement. Email us at [email protected] for more information.

Service Level

For cloud customers, we strive to make sure that OrgChart Now is available 99.8% (or more) of the time during a monthly period. In order to achieve this goal, we select hosting providers that provide a service commitment of 99.9% (or more). We use commercially reasonable methods such as monitoring services to notify our team of any down time so that we can quickly address any interruptions to our service. Service credits are not available per our standard subscription agreement. An ESLA (Enhanced Service Level Agreement) is available upon request. Email us at [email protected] if you would like to inquire about an ESLA.

Backup & Recovery

We rely on our hosting providers to provide backup services. Our servers are backed up on a daily basis. In the event of a catastrophic failure, we will restore a system from storage within one business day of failure. On premise customers are responsible for the backup of their servers.

Terms of Service

By using the OrgChart services, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). OrgChart, LLC (formally known as OfficeWork Software, LLC) (“Our Company”) reserves the right to update and change the Terms of Service from time to time. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account. While our company prohibits such conduct and content on the service, you understand and agree that our company cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms
  1. You must be at least 13 years old to use the service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as permitted by your plan.
  5. You are responsible for maintaining the security of your account and password. Our company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have user accounts under your account).
  7. You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Subscription Plans
  1. You acknowledge that your account is associated with a specific subscription plan.
  2. A plan may limit access to certain features.
  3. A plan may limit the number of unique records (typically employee records) that can be charted within the associated account.
  4. A plan may limit the maximum amount of storage that can be used by a given account.
  5. A plan may limit the number of people allowed access to the service.
  6. Our company reserves the right to audit any account at any time. If a plan limit is exceeded, you will be required to upgrade your plan to match the required record count or storage need. If do not agree to pay the upgrade fee to our company within thirty (30) days of demand, our company may disable your account without refunding any subscription fees.
Payment, Refunds, Upgrading & Downgrading Terms
  1. If a credit card was used for payment, that credit card will automatically be billed to renew your monthly subscription. You can cancel a monthly subscription at any time (via phone or email).
  2. The service is billed in advance on a monthly, annual, multi-year, or other term (depending on your subscription commitment) and is non-refundable unless otherwise specified in your contract. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. Refer to section “Modifications to the Service and Prices” related to special exception provisions related to pro-rated refunds of subscription fees.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  4. Downgrading your Service may cause the loss of features or capacity of your account. Our company does not accept any liability for such a loss.
Cancellation & Termination
  1. You are solely responsible for properly canceling your account. If you do not receive confirmation within 5 business days of canceling your account, email [email protected] to confirm cancellation of your account.
  2. All of your content will be deleted within 90 days of cancellation unless otherwise requested (email [email protected]). Our company does not guarantee that your information can be recovered once your account is cancelled.
  3. If you cancel the service before the end of your subscription period, your cancellation will take effect immediately and you will not be charged for the next subscription period unless you have committed to a multi-year agreement. For multi-year agreements, payment will be made through the term of the agreed commitment.
  4. Our company, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service after thirty (30) day notice of an uncured breach of Subscription Agreement terms. Such termination of the Service will result in the deactivation of your Account or access to your Account. Your content may also be deleted.  Our company does not guarantee that the content can be recovered once your account is deleted.
Modifications to the Service and Prices
  1. Our company reserves the right at any time and from time to time to modify the service with reasonable notice.
  2. Our company has the right to discontinue the Service at the end of the existing subscription term with thirty (30) day notice of discontinuation.
  3. Prices of all Services, including but not limited to subscription plan fees to the service, are subject to change at the end of the committed subscription period, and will be applicable to new subscription plan period. Such notice is required to be provided to customers via electronic mail to the subscriber.
  4. Our company agrees not to apply any upward price adjustments (unless the customer purchases additional products or services) until the current subscription period has completed.
  5. Our company shall not be liable to you or to any third party for any modification, price change or suspension of the service.
  6. In the event of a discontinuance of the service, our company shall provide a pro rata refund of the subscription fee paid. This in no event shall be greater than 50% of the unused portion of an annual subscription fee.
Copyright & Content Ownership
  1. All content posted on the service must comply with U.S. copyright law.
  2. Our company claims no intellectual property rights over the material you provide to the service. Your profile and materials uploaded remain yours.
  3. Our company does not pre-screen content, but we have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The look and feel of the Service is copyright © 2014-2023. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from our company.
Agreement to Arbitrate
  1. You and our company each agree that any and all disputes or claims that have arisen or may arise between you and our company to your use services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
  2. You agree to resolve any dispute within the State of California.
  3. You agree to arbitration under American Arbitration Association’s rules for arbitration.
  4. You agree that any claim you may have arising out of or related to your relationship with our company must be filed within one year after such a claim arose; otherwise, your claim is permanently barred.
  5. These Terms of Service are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
General Conditions
  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders. Our company reserves the right to determine the communication methods (e.g., email, chat, telephone, etc.) that are used for technical support.
  3. You understand that our company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. All hosting partners are required to meet or exceed industry standards with respect to information security best practices.
  4. You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service or our company.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the express written permission from our company.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) to any of our employees, contractors, or officers may result in account termination with a ten (10) day notice via email of such action to subscriber.
  8. Our company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  9. You expressly understand and agree that our company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if our company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  10. The failure of our company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and our company and govern your use of the service, superseding any prior agreements between you and our company (including, but not limited to, any prior versions of the Terms of Service).
  11. You agree not to reverse engineer, decompile, or disassemble the software in whole or in part or otherwise reconstruct or discover any source code to the software, or attempt to do so, except and only to the extent that such activity cannot be restricted under applicable law. You agree not to translate or modify the software in any way or create derivative works of the software or attempt to do so.
  12. Neither Subscriber or our company may assign or transfer its rights or obligations under this Agreement, except that Subscriber or our company may assign this Subscription Agreement and Terms of Service to a successor to its business that results from a sale of substantially all of Subscribers or our assets, merger, or similar transaction, provided that the assignee agrees to be bound by this Agreement.
  13. Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to pandemics, fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, or acts of God; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure.
  14. Questions about the Terms of Service should be sent to [email protected] or mailed to: OrgChart, LLC Attention: Legal Dept. 201 Alameda Del Prado Suite #301 Novato, CA 94949