Please take a moment to understand the terms of service for Gendesic, Inc’s various properties, including but not limited to:
- SwiftCRM.com – Sales & Marketing Software
- SwiftClock.com – Simple Timeclock & Client Billing Systems
- SwiftBooks.com – Simple Online Accounting Software
- iSignature.com – Electronic Signature Systems
- SwiftWebDesigner.com – Website & Internet Marketing Systems
- Movoxo.com – Business Media Systems
Please note: These terms & conditions are a rough draft and subject to future revision, however, they will be extensions of the basic terms set forth below.
Each of these systems has the ability for you to create and manage data, and furthermore, some of this data may be referred to as “social media” and therefore certain portions of our system may not be opted out of; certain portions of data you wholly own and retain, and other portions you never own but may receive usage benefits thereof.
First, a definition of an account:
- Legal ownership of data contained within an account defaults to the name on the credit card of the first billing. If an account is created by one party, and paid for by another, legal ownership of data contained within an account (“Subscriber-Data”) defaults to the name on the first billing.
- In event company ownership is transferred, we must receive transfer of ownership in writing in order to release ownership of a given account. Simply taking over payments is not enough.
- In event that multiple partners own a business and want to be equal owners, we need a written agreement stating one of two possible dispositions, if simply defaulting to the first-credit-card-payment-name is not sufficient:
- In event of discrepancy, ownership and leads are to be split evenly but randomly, subject to a $200 processing fee as we have to manually get into the account and divide up the leads evenly but randomly based on super-status (i.e. all prospects, all interested leads, all transactions, and all closed deals)
- Or in event of discrepancy, all parties receive a clone of the entire account, which can lead to overlap of data but may be preferable for some owners.
- Either of these must be received in writing prior to closure of the account, or from the owner of record in event a business is dissolved, closed, or ownership is transferred for any other reason.
Next, what data do you own or not own?
Overall, we believe that is is the fundamental right of each human to control how their own data is used, even at the expense of an uploading party. This means a human may opt out of receiving emails from our server, regardless of sending party, and may control whose address book they are connected to.
- Each uploaded or imported lead becomes a contact within the global contacts database. That contact then appears within the address book of only the party who has either uploaded that record and/or whose website that contact entered their own information.
- A contact may remove themselves from the address book of any company at any time.
- A contact who has not logged into our system to modify their own profile can be called an “Unmodified Lead”. Unmodified leads and data uploaded into the account are considered the exclusive property of the Owner-of-Record for that account. Example: “Mike” is an employee of “Bob”; Bob is the owner of record, Mike buys leads, uploads them, and quits, is laid off, or fired the next day. He calls Gendesic Inc. to access his account, but is denied access, because this is legally the property of Bob, the owner of record. This applies only to “unmodified leads”. This data may be exported by the owner of record at any time. This data can, at the sole discretion of the uploading party, be removed from our system at any time.
- In the event that Contact has logged into their own profile, they have primary control over ownership of their profile. They will only appear within the address book of either owners of websites whom they opt-in to, typically by requesting a free report, or Subscribers who upload data with a matching email address. In that case, another subscriber would not see any information uploaded by previous subscribers, except the actual contact-information, of which the Contact has primary control. Contact information is still exclusive to the behavior of either parties already in possession of this contact’s data (i.e. as a “lead”), or the behavior of the Contact (i.e. opting into specific websites). In all cases, at all times, the Contact is able to control whose address book they are added to, may request that they not be contact, may change their phone number, email, and address, as they see fit including removing it altogether and/or changing it to a non-working number, if they require privacy. In such case as a Contact has modified their profile, the Opportunity Data is still owned by any subscriber’s owner-of-record and may be exported non-exclusively.
