Last Updated: April 19, 2016
1. Collected information on Online Service
* Customer or Named User may provide User Content that specifically identifies an individual (the “Personal Data”). Examples of Personal Data include name, email address, mailing address, mobile phone number, and credit card or other billing information.
* Customer or Named User may provide User Content, including Personal Data about the Customer’s customer or a third person in connection with the use of Online Service. Service Provider has no direct relationship with the individuals whose Personal Data it hosts as part of User Content.
* Online Service may send cookies or store other equivalent data to Customer’s or Named User’s device. If Customer or Named User deletes or chooses not to accept cookies or other data from Online Service, Customer or Named User may not be able to utilize all features of Online Service.
2. Data Controller and Data Processor
Service Provider does not own, control or direct the use of any of the information stored or processed by Customer or Named User via Online Service. Only Customer and Named Users are entitled to access, retrieve and direct the use of such information. Service Provider is largely unaware of what information is actually being stored or made available by Customer or Named User to Online Services and does not directly access such information or data except as authorized by Customer or as necessary to provide Online Service to Customer.
Customer or Named User is the data controller under the Directive for any User Content containing Personal Data, meaning that such party controls the manner such Personal Data is collected and used as well as the determination of the purposes and means of the processing of such Personal Data. Service Provider is not responsible for the content of Personal Data contained in User Content or other information stored on Online Service at the discretion of Customer or Named User nor is Service Provider responsible for the manner in which Customer or Named User collects, handles disclosure, distributes or otherwise processes such information.
3. Use of collected information
Service Provider uses collected information on Online Service in a variety of ways including the following:
* Service Provider uses the collected information on Online Service to operate, maintain, enhance and provide all features of Online Service, to provide services and information that Customers and Named Users request, to respond to comments and questions and otherwise to provide support to Customers and Named Users.
* Service Provider uses the collected information on Online Service to understand and analyze the usage trends and preferences of Customers and Named Users, to improve Online Service, and to develop new products, services, feature, and functionality.
* Service Provider may use Customer’s or Named User’s email address or other collected information on Online Service (i) to contact Customer or Named User for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to User Content posted on Online Service or (ii) to send communications, including updates on promotions and events, relating to products and services offered by Service Provider and by third parties Service Provider works with.
Service Provider works with third party service providers (the “Subcontractors”) to provide application development, hosting, maintenance, and other services for Service Provider. Subcontractors may have access to or process collected information as part of providing those services for us. Generally, we limit the information provided to Subcontractors to that which is reasonably necessary for them to perform their functions.
Service Provider may disclose Customer’s information if required to do so by law, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
Service Provider also reserves the right to disclose Customer’s information that Service Provider believes, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect Service Provider or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend Service Provider against any third-party claims or allegations, (iv) protect the security or integrity of Online Service and any facilities or equipment used to make Online Service available, or (v) protect Service Provider’s property or other legal rights (including, but not limited to, enforcement of Agreements), or the rights, property, or safety of others.
Information about Customer and Named Users, including Personal Data, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
4. Access to Personal Data
Service Provider respects the privacy rights of Customer and Named Users and provides them with reasonable access to their Personal Data on Online Service. Service Provider provides Customer and Named Users with the possibility to correct inconsistencies of, to update, or to delete their Personal Data on Online Service. If Customer and Named Users declines to provide certain Personal Data, Service Provider may not be able to provide all features and functionality of Online Service.
Service Provider has no direct relationship with any third party whose Personal Data Service Provider may process on behalf of Customer. Customer may request Service Provider to correct inconsistencies of, to update, or to delete the Personal Data of a third party and Service Provider will act accordingly within reasonable timeframe.
Customer acknowledges and approves on behalf of Named Users and third parties that Service Provider may retain older Personal Data for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where Service Provider otherwise reasonably believes that Service Provider has a legitimate reason to do so.
5. Other online services
Online Service may contain features or links to online services provided by other service providers. Any information Customer and Named Users provide on the sites or services of other service providers is subject to those service providers’ policies, if any, governing privacy and security, even if accessed through Online Service. Service Provider is not responsible for the content or privacy and security practices and policies of the sites or services of other service providers. Customer and Named Users acknowledge that they need to learn about other service providers’ privacy and security policies before providing them any information.
6. Children’s Privacy
Protecting the privacy of young children is especially important. Online Service is not directed to children under the age of 18, and Service Provider does not knowingly collect Personal Data from children under the age of 18 without obtaining parental consent. Persons under 18 years of age are strongly advised not or use nor access Online Service at any time or in any manner. If Service Provider learns that Personal Data has been collected on Online Service from persons under 18 years of age and without verifiable parental consent, then Service Provider will take the appropriate steps to delete this information.
Customer of Online Service is an independent business entity. Named Users of Online Service are assigned by Customer. Customer acknowledges and agrees to verify that none of Named Users is under 18 years of age.
7. Data Security
Service Provider follows generally accepted industry standards to protect the information submitted to Online Service. Service Provider maintains appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data on Online Service.
However, no method of transmission over the Internet, or method of electronic storage, is totally secure. Service Provider cannot ensure or warrant the security of any information Customer and Named Users store on Online Service. Customer acknowledges and agrees that Customer and Named Users store information on Online Service at their own risk. Service Provider also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of Service Provider’s safeguards.
If Service Provider learns of a security breach, then Service Provider attempts to notify Customer electronically either directly or via Online Service.
8. Data Retention
Service Provider only retains the information collected from Customer and Named Users for as long as Agreement is in force or otherwise for a limited period of time as long as Service Provider needs it to fulfill the purposes for which Service Provider has initially collected it, unless otherwise required by law. Service Provider will retain and use information as necessary to comply with Service Provider’s legal obligations, resolve disputes, and enforce agreements.
9. Data Transfer, Storage, and Processing
Online Service is hosted by a third party service provider having facilities globally including the United States and operating at least according to U.S. law. If Customer chooses to use Online Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then Customer acknowledges that Personal Data may be transferred outside of those regions to the United States for storage and processing. Also, Service Provider may transfer Personal Data from the United States to other countries or regions in connection with storage and processing of data, fulfilling Customer’s requests, and operating Online Service. By providing any information, including Personal Data, on or to Online Service, Customer consents to such transfer, storage, and processing.