Privacy Notice
Privacy Notice
Effective November 29, 2024
This Privacy Notice describes how we collect, use, share, and otherwise process your personal
data for the activities described below, including when you use our products, visit our website, or
attend our marketing and learning events.
A reference to “PROS”, “we”, “our” or “us” is a reference to PROS, Inc. and its relevant affiliates
involved in the processing of personal data. A list of PROS affiliate companies currently within
the PROS corporate group is provided as an exhibit to our Annual Report, available on our Investor
Relations web site.
PROS is the controller for the personal data discussed in this Privacy Notice unless specified otherwise. If you have any questions or concerns about this Privacy Notice, the handling of your personal data, or believe that your personal data has been provided to us improperly, you may contact us by using the information in the “Contacting us” section below.
PROS as a service provider
What personal data do we collect?
Personal data we collect directly from you: we collect personal data that you choose to provide to us when you:
1. Fill out forms (for example, a ‘Contact Us’ form) on our website or mobile app;
2. Register to receive materials, view webinars or attend a PROS-sponsored event;
3. Download certain content from our website or branded social media pages;
4. Subscribe to newsletters or other communications;
5. Correspond with us by phone, email, through our chatbot or otherwise using our contact details;
6. Provide invoicing details for any charged service; or
7. Request or access customer support (including accessing the Connect portal).
This personal data may include your name, business address, business email address, company name, job title, phone number, geographic region, or username and password. When you attend a PROS-sponsored event, we may collect additional personal data such as mobile phone number, emergency contact (full name and mobile phone number), business title, dietary preferences, billing information if we are charging for the event, home address if we are shipping items to you, social media handles, and photos.
If you provide us with any personal data relating to other individuals, you represent that you have the authority to do so, and where required, have obtained the necessary consent, and acknowledge that it may be used in accordance with this Privacy Notice.
Personal data we automatically collect: If you visit or interact with our website or emails, we may collect information about your device, the pages you view, the length of time you spend on a page, links you click, emails you open, and other actions you take when accessing our website using cookies, web beacons and similar technologies. We also use website tracking technologies and log files to observe your activities, interactions, preferences, transactional information, and other computer and connection information relating to your use of our services. Such information may qualify as personal data and may include your IP address, domain, browser type, operating system, mobile carrier, and ISP; the date and time of your visit; and the URLs of websites from which you arrive or leave our website. See also our Cookie Policy to find out more. In addition, when you log into our services, we collect user credential and profile data (name and other contact information) of our customers’ authorized users and account administrators. If you participate in a PROS training course, your enrollment, attendance, progress, and certification information will be recorded to track and report your participation and completion. This registration and tracking may be conducted by third parties on behalf of PROS.
Personal data we obtain from third party sources including public available sources: We
may collect business contact information about you from other sources including third parties from
whom we have purchased services (such as content syndication, data enrichment) and from
publicly accessible websites, such as your company’s website, professional network services, or
press releases. Such data may include your name, business address, business email address,
company name, title, phone number, and internet activity information. In some instances, we may
combine personal data you have provided to us with personal data collected from other sources
as described above. We process this data to update and analyze our existing marketing records;
identify new customers; and send marketing communications. The way in which these third parties collect personal data is detailed in their own privacy policies, available on their websites.
How do we use your personal data?
For our legitimate commercial interests:
1. Communications and marketing: We will use your personal data (both on an aggregated and individual basis), such as your contact details and your electronic identification data, to
advertise to you, to contact you for marketing purposes in accordance with your marketing
preferences, for event planning and management, to send you marketing emails that we
believe you would be interested in, or for other commercial or administrative purposes if you
are an existing PROS customer, such as providing support or sending you policy updates or
change notification. We may combine or otherwise enhance your personnal data with data
we receive from third parties for our marketing activities.
2. Improvements: We may also use your personal data to analyze, develop, and improve our
website and services. We work with third party service providers, such as Google Analytics, to
help us determine what features, posts, or other statements are of most interest to our
customers and prospective customers. This enables us to assess what may interest you, to
measure or understand the effectiveness of our advertising, to deliver more relevant content
and service offerings, and to analyze trends and assess and improve the overall user
experience for our services. Often such analysis is completed without using any personal
information or attempting to identify a particular user.
3. Personalization: Based on your historical use of our website, we may personalize our
offerings to you that are customized to your personal preferences and experiences.
4. Security of our premises, website and services: We may use your personal data to
investigate suspicious activity, to detect and protect against security issues, and to verify
accounts and activity. If you visit our offices, we may use CCTV or other surveillance to protect
our people and property;
5. Compliance with contractual obligations: We may process your personal data to review
compliance with the applicable usage terms in our customer contracts and to assess the
capacity requirements of our services to the extent necessary to ensure adherence to the
contractual obligations, including from a usage and capacity requirements perspective.
6. Business Contact and Customer Relationship Management: We may process your
personal data, such as your billing and contact details, to allow us to manage our customer
relationship.
7. For PROS-offered training: We may use data (in aggregated form) gathered from your
enrollment, attendance, participation, and submitted feedback for reporting and to improve our
training services. We may also use your contact information to invite you to future PROS
training events or webinars.
To comply with our legal obligations:
8. Any personal data referred to above may be used to comply with our legal obligations, such
as maintaining appropriate business records, complying with lawful requests by governmental
agencies and public authorities, complying with judicial proceedings, court orders, or legal
processes, or otherwise with applicable laws and regulations or pursuing remedies available
to us, defending legal claims, and limiting our damages.
With your consent:
9. Sometimes we will ask for your consent to process your personal data, such as when we are
legally required to obtain your consent for marketing purposes, or for use of non-essential
cookies and other trackers including for targeting advertising. You can withdraw your consent
at any time without stating any reason in accordance with the section “Your rights over your
personal data” below.
How do we share your personal data?
PROS affiliates. We may share your personal data with our affiliates to the extent such sharing is necessary to provide services on our behalf. A list of PROS affiliate companies currently within the PROS corporate group is provided as an exhibit to our Annual Report, available on our Investor Relations web site.
Service providers. We engage service providers to provide services on our behalf. In providing their services, they may access, receive, maintain, or otherwise process personal data on our behalf. For example, our service providers may assist us in fulfilling requests for information, receiving and sending communications, analyzing data, providing certain functionalities on our website (e.g., our chatbot), providing IT support, including hosting services, and providing other customer support services. Our service providers will only use your personal data to the extent necessary to perform their functions and as instructed by PROS, and our contracts with these service providers do not permit the use of your personal data for their own purposes. Consistent with applicable legal requirements, we require that our service providers adequately safeguard your personal data and only process it in accordance with our instructions.
Events. If you attend an event organized solely by us that has sponsors, or an event organized jointly with third parties, or download or access third party or sponsor assets on the event website, we may share your personal data with those third parties participating in the event and with sponsors involved in the event. If required by applicable law, we may seek your consent to such sharing via the event registration form or you may allow your attendee badge to be scanned at a physical or virtual sponsor booth. If we share your personal data with such third parties or sponsors, your information will be subject to the third party or sponsors’ privacy statements. If you do not wish for your information to be shared, you may choose to not opt-in via event/webinar registration or elect to not have your badge scanned.
Third parties in the case of a legal requirement or a corporate transaction. We may also disclose your personal data if disclosure is required by law or in the context of an investigation, regulatory requirement, judicial proceeding, court order or legal process served on us, or to protect the rights or safety of the website, us, our users or our affiliated companies. Information about our customers and prospective customers, which may include your personal data, may be disclosed, or transferred as part of any merger, sale, transfer of all or part of our assets, acquisition, bankruptcy, or similar event.
PROS forums and blogs. Anyone using PROS communities, forums, blogs, or chat rooms on our websites, during our virtual, in person or hybrid events, on our customer Connect portal, or on our product feedback forums in UserVoice, may read any personal data or other information you choose to submit and post.
Other disclosures. We may share anonymous or de-identified customer usage data on an aggregate basis in the normal course of operating our business; for example, we may share information publicly to show trends about the general use of our services, publish market research, or to inform our customers on user adoption.
How do we maintain the security of your personal data?
To prevent unauthorized access, maintain data accuracy, and provide for the correct use of information, we have put in place physical, electronic, and administrative procedures designed to safeguard and secure the information we collect about you . We endeavor to secure your personal data in accordance with industry standards and technology. Since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to PROS. There is no guarantee that information may not be accessed, copied, disclosed, altered, or destroyed by a breach of any of our physical, electronic, or administrative safeguards.
You are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of our website or other secured resources.
International transfers of your personal data
PROS is a global group of companies and we may share personal data with our affiliated businesses as part of our business operations and administration of the services. We may also appoint service providers (who will operate under our instructions) to assist us in providing services to you, in conducting and managing our business, or in managing and improving the services. Your personal data may be transferred, stored, and processed in a country outside of your jurisdiction, including the United States and in any other country where we, our affiliates, or service providers maintain facilities or personnel.
If we transfer personal data from the European Economic Area (EEA) or the United Kingdom to a country outside of them, such as the United States, we will take steps to safeguard European privacy rights by implementing a valid data transfer mechanism to give adequate protection . For further information about where PROS group companies are located please see the exhibit to our Annual Report, available on our Investor Relations web site.
Retention of your personal data
PROS will retain your personal data for as long as necessary to fulfill the purpose for which it was collected or as required for our legal obligations. Unless we inform you otherwise, this will usually be a period of three years after our last interaction with you plus the length of any applicable statutory retention period following such activity. If you wish to cancel your account or request that we no longer use your information to provide you with services, please contact us by using the information in the “Contacting us” section below.
Personal data will be handled in the following manner:
- Stored appropriately in light of the sensitivity and confidentiality of the information.
- Retrievable.
- Disposed of appropriately to prevent it from being accessed by unauthorized persons.
- Considered as confidential in nature.
Use of cookies, related tracking technologies
We use common information tracking tools, such as cookies, clear GIFs/pixels, tags, JavaScript, web beacons, local storage, log files, and other similar technologies which automatically collect certain information as you navigate our website, emails, marketing material and services. When you visit our website, we, or a third-party, may place a cookie that collect information, including personal data, to observe your browsing activities, track user engagement, store your preferences and settings, provide for targeted marketing and advertising, and personalize content. When you read or download our marketing emails and materials, we may collect information to measure engagement, improve your user experience and our service offering, including via your email address; your IP address; and which files you open and how long you view those files.
We collect information derived from the performance, use and operation of our cloud service, including the number of records, the number and types of transactions, configurations and reports processed in our service, IP address, log files and other usage statistics. More specifically, when you use our cloud service, our server automatically collects certain browser or device generated information, which may in some cases constitute personal data, including but not limited to your domain; the date, time and duration of your visit; your browser type; your operating system; your mobile carrier; your ISP; and other information about your computer or device. We gather this information to help us track bugs and errors, improve the performance and functionality of our services, review capacity requirements and compliance with usage terms, monitoring user adoption, and to assess and improve your user experience. We typically do not combine this activity information with other personal data we collect about you except as permitted by law.
For more detailed information about these mechanisms and how we collect information when you visit our website via these kinds of tracking technologies, please read our Cookie Policy.
Google Analytics Google Analytics is a web analytics service provided by Google that uses cookies and related technologies to help us analyze how users use our services, including our customer Connect portal; monitor user adoption of the services, certain features and self-service tools; and assist us in improving the user experience. The information generated by the cookies are transmitted to and stored by Google on servers in the United States. We have enabled Google’s IP Masking, which means Google will truncate the last octet of your IP address. Google will not associate your IP address with any other data held by Google. You can opt-out of the Google Analytics we use by downloading and installing this browser plug-in: https://tools.google.com/dlpage/gaoptout/ or as mentioned in our Cookie Policy. For more information about Google Analytics cookies, please see Google’s help pages (https://support.google.com/analytics/answer/6004245) and privacy policy (https://www.google.com/intl/en/policies/privacy/)
Chatbot
PROS website integrates a chatbot to help you ask general questions and request information about our services. Your interactions with the chatbot are voluntary. You alone decide whether or not to interact with the chatbot, and what information you disclose to us about yourself when you choose to interact with the chatbot. Your conversations with our chabot may be recorded and otherwise processed by or on behalf of PROS via the provider of the chatbot. PROS will use the information you disclose to us via the chatbot, as well as any associated metadata, (i) to respond to your requests and queries, and (ii) to market and advertise our services.
External Links
PROS’ website may contain links to external sites for which this Privacy Notice does not apply. These links take you outside our website or services and are beyond our control. The external sites may have their own separate privacy policy and practices and although we seek to protect the integrity of our website and services, we cannot be held liable for the content and activities of these external sites. Your visit/access to these sites is therefore entirely at your own risk.
Your rights over your personal data
PROS’ website may contain links to external sites for which this Privacy Notice does not apply. These links take you outside our website or services and are beyond our control. The external sites may have their own separate privacy policy and practices and although we seek to protect the integrity of our website and services, we cannot be held liable for the content and activities of these external sites. Your visit/access to these sites is therefore entirely at your own risk.
You may have certain legal rights relating to your personal data, subject to your local data protection laws. These may include the right to:
- Access the personal data we hold about you;
- Have any inadequate, incomplete or incorrect personal data corrected;
- Have your personal data deleted;
- Have our processing of your personal data restricted;
- Transfer your personal data to another controller to the extent possible;
- Object to our processing of your personal data which is based on our legitimate interests or for direct marketing purposes. To that end, you may also use the unsubscribe button provided in every direct marketing email we send;
- Not be discriminated against for exercising your rights;
- To opt-out of certain processing, including, to not be subject to profiling or a decision based solely on automated processing, which produces legal effects (“Automated DecisionMaking”). Automated Decision-Making currently does not take place on our websites or in our services; and
- Withdraw your consent at any time (to the extent we base processing on consent), without affecting the lawfulness of the processing based on such consent before its withdrawal:
– if we process your personal data for the purpose of sending you marketing emails, you may withdraw your consent by clicking on the “unsubscribe” link located at the bottom of PROS marketing email.
– If we process your personal data for the purpose of marketing phone calls, you can always let us know during a phone call that you do not want to be called again for marketing purposes.
– To adjust your cookie preferences and manage the use of relevant advertising and other non-essential cookies, please review our Cookie Policy.
– You can also withdraw your consent or unsubscribe at any time by contacting us at privacy@pros.com.
If your personal data has been submitted to us by or on behalf of a PROS customer and you wish to exercise any rights you may have under applicable data protection laws, please contact the applicable customer directly.
Special Notice for California Residents
The California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (“CPRA”) requires that we provide California consumers with specific information about how we handle their personal information, whether collected online or offline. Subject to certain exceptions, under the CCPA/CPRA, “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household.
• Categories of Personal Information that We Collect About You: In the sections titled “What Personal Data Do We Collect,” and “How Do We Share Your Personal Data,” we describe the personal information that we collect about you and how it is disclosed. As the CPRA prescribes specific categories, we repeat our data collection and disclosure practices here – please also note that in this section, we also describe our offline data collection practices, as pertains to California consumers. In the table below, we identify the categories of personal information that we collect and/or have collected about you in the prior twelve (12) months and the categories of third parties with which we have disclosed such personal information.
Categories | Description | Third Party Disclosures for Business or Commercial Purposes |
Identifiers | Real name, postal address, Internet Protocol address, email address, and employer’s name (if you are an authorized user of our services). | • service providers • advisors, partners and agents • affiliates and subsidiaries • regulators, government entities and law enforcement • internet service providers, operating systems, and platforms • others as required by law |
Commercial Information | We may collect certain information about the purchases made by our customers’ end consumers. | • service providers • advisors, partners and agents • affiliates and subsidiaries • regulators, government entities and law enforcement • internet service providers, operating systems, and platforms • others as required by law |
Network Activity Information | As detailed above, we collect information about your use of our website and our services, including our customer Connect portal, from data analytics providers and internet service providers. This may include log activities, IP address, browsing history, and click stream data, but we do not necessarily associate this information with any individual user or account holder (except as described above). We also collect information about downloads of our whitepapers, posts to our social media feeds, or other references to PROS in the public space; we do not usually associate this with any PROS profile or seek to identify a particular individual. | • service providers • advisors and agents • affiliates and subsidiaries • regulators, government entities and law enforcement • internet service providers, operating systems, and platforms • others as required by law |
Audio/Visual Data | If you visit our offices, we may use CCTV or other surveillance to protect our property; we do not typically associate this information with your profile. If you choose to chat with our online sales representatives through our website, we also collect personal information about your chat. Absent a customer service inquiry, we typically do not associate this information with your profile. We may use the information obtained through the chat to contact you about our products and services. | • service providers • advisors and agents • affiliates and subsidiaries • regulators, government entities and law enforcement • internet service providers, operating systems, and platforms • others as required by law |
Purposes of Collection, Use and Disclosure: As described in more detail in the section titled “How Do We Use Your Personal Data”, we collect, use, disclose and otherwise process the above personal information for the following business or commercial purposes and as otherwise directed or consented to by you:
– Services and support
– Analytics and improvement
– Customization and personalization
– Marketing and advertising o Planning and managing events o Security and protection of rights
– Legal proceedings and obligations
– General business and operational support
• Sources of Personal Information: As set forth in the section titled “What Personal Data Do We Collect”, we may obtain personal information about you from various sources, including:
– Directly from you
– Our affiliated entities
– Internet service providers
– Operating systems and platforms
– Advertising networks
– Data brokers
– Data analytics providers
– Publicly available information
• De-Identified Data: To the extent that PROS maintains de-identified data, PROS commits to maintain and use all such de-identified data in its de-identified form and will not attempt to reidentify such data, except in order to determine whether our de-identification processes are reasonable and adequate pursuant to applicable privacy laws.
• Right to Opt-out of Sale of Personal Information: California consumers have the right to optout of the sale of their personal information. PROS does not sell personal information about any person, including persons under the age of 16.
• California Residents Rights: California law grants California consumers certain rights, subject to certain limitations, including the right to request deletion of personal information; to know the categories of data that we collect, the sources from which the data is collected, the business or commercial purpose for collecting personal information, the categories of third parties to whom we disclose the data, and the right to request a copy of the specific pieces of personal information that we have collected in the prior 12 months and to have this delivered, free of charge, in an easy to read format either by email or another portable means; to correct inaccurate personal information that we maintain about them; and the right not to be subject to discriminatory treatment for exercising rights under the CPRA. If you wish to exercise your rights, visit our California Individual Rights Page for information on how to submit your request.
Changes to this Privacy Notice
This Privacy Notice may be revised by us from time to time. The updated Privacy Notice will be posted on pros.com with the change being indicated through an updated “effective date” at the top of this Privacy Notice. If there will be a fundamental change to the nature of the processing of personal data, the information relating to such change will be provided in advance of the change taking effect, such as by posting a notice on pros.com, issuing a notification of the change through our customer portal, or by contacting you directly via email. We encourage you to periodically review this Privacy Notice for the latest information. If you continue to use the services after those changes are in effect, you agree to the revised Privacy Notice.
Contacting us
If you have questions or concerns about this Privacy Notice, would like to submit a request or make a complaint about a possible breach of applicable privacy laws or to exercise your rights under this Privacy Notice, please contact us at privacy@pros.com, or write to us at:
PROS Privacy & Governance Team
3200 Kirby Drive, Suite 600 Houston, TX 77098, USA
Alternatively, individuals in Germany may always reach out to our data protection officer in Germany: Intersoft Consulting, Beim Strohhause 17, 20097 Hamburg.
To obtain the contact details of our DPO in Singapore, please contact us at privacy@pros.com
You are informed that you can also lodge a complaint with the Supervisory Authority of the country where you are located if you have any concern about the conditions of processing of your personal data by PROS. If you are located in the EEA, you may find the contact details for your appropriate Supervisory Authority here. If you are located in the United Kingdom, you may find the contact details for your Supervisory Authority here.