Humanity-Upgrade.com (the “Website”) is an Internet service owned and operated by RD&T Media and Events, Inc. (RD&T). Humanity Upgrade (the “Website”) is dedicated to providing visitors to the Website with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service to govern your use of the Website, and we, along with our affiliates, and partners, provide content and services to you subject to the following conditions. Your use of the Website tells us you have read and agreed to these Terms of Service. Please read them carefully. These Terms of Service are a binding contract between you and RD&T regarding your use of the Humanity Upgrade Website. If you do not agree with any of these terms, please exit the Website.
1. THE WEBSITE CONTENT
1.1: All of the information, content, services and products displayed on, transmitted through, or used in connection with the Website, including for example, advertising, articles, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to this website, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of this website (collectively, the “Content”), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of RD&T Media and Events, and its affiliated companies, licensors and suppliers. Humanity Upgrade actively protects its rights to the Content to the fullest extent of the law. The copying, use or publication by you in any medium, directly or indirectly, of any such matters or any part of the Website, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms of Service.
1.2: The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by RD&T, and Marks owned by other information providers and third parties. For example, “Humanity Upgrade” is a registered trademark of RD&T. No Marks may be used in any manner unless approved in advance, in writing by RD&T.
2. MEMBERSHIP AND REGISTRATION
2.2: If you become a member of the Website, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Website using your name in whole or in part. RD&T reserves the right to terminate membership and deny access to the Website to any person who violates these Terms of Service.
2.3: We collect several types of information from and about users of our Website and Services and users who communicate with us, including information:
By which you or your company may be personally identified, such as your name, postal address, e-mail address, telephone number, Financial Information (defined below), gender, birthday, weight, height, products you have purchased, your comments, or any other information that we collect through our Websites or Services that is defined as personal or personally identifiable information or personal data under an applicable law (“Personal Information”); required for us to register you. To place orders from the Websites or through the Services, a user may have to complete a registration form. During registration a user is required to give certain information (such as a name and email address). This information is used to place your orders and to contact you about the products or services on or from our Websites or through our Services in which you have expressed interest; required for us to process orders that you may place through our Websites or the Services, including the name on your credit card, your credit card number (only the last four digits of which are visible to the Company), your credit card’s three-digit card verification value (CVV), the expiration date of your credit card, your street address, country, region, and zip code (“Financial Information”); required for us to schedule live trainings, including your name, email address, address, and phone number; required for us to process requests of prospective affiliates who wish to join our programs for affiliates; needed for customer relationship management (CRM). Data used and retained for CRM purposes includes basic contact information and records of interactions with our customers and potential customers; necessary for us to verify resellers and healthcare providers and to provide products and services to them (this information includes addresses and healthcare provider codes); given by you if you elect to participate in surveys. Participation in these surveys is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of our Websites and Services and our products and services; required for us to tailor our products to you. For instance, we may ask for and retain certain Personal Information that you voluntarily provide to us, such as your gender, height, and weight, in order to provide you appropriate products; required for us to identify and authenticate you and secure your interactions with our Websites and the Services, including your user name, email address, and password for our Websites and Services; that is about you but individually does not identify you. For instance, we track analytics using cookies that we place on your devices, which allows us to determine the number of visitors to our Websites and using our Services, the pages visited, and the length of time they spend on our Websites and certain webpages and our Services, but these cookies and the third party services that we use generally provide us with only aggregate data of all of our users; and about your internet connection, the equipment you use to access our Websites and Services and usage details.
2.4: We collect this information: Directly from you when you provide it to us. Automatically as you navigate through our Websites or use our Services. Information collected automatically may include usage details, your computer or digital device’s IP addresses (that is, a unique string of numbers that identifies each device using the Internet Protocol to communicate over the internet), and information collected through cookies and web beacons. (We describe what these are in the section of this Policy captioned “Information We Collect Through Automatic Data Collection Technologies.”) From third parties, for example, Facebook and Google.
2.6: Aggregated and non-Personal Data: We may share aggregated and non-Personal Information that we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our Websites and in our Services and on websites of third parties. We may combine non-personal information that we obtain with other non-personal information that we receive from other sources. We also may share aggregated information with third parties, including our advisors, resellers, advertisers and investors, for the purpose of conducting general business analysis and analytics. For example, we may tell our investors the number of visitors to our Websites, the number of downloads of our mobile applications, and the most popular features or services accessed. This information may be used to develop content and improve our Websites and Services and to target content and advertising to people interested in our products and Services. In some cases, we may share information that you provide to us in a way that will not individually identify you. For instance, we show the first names and states of residence of certain customers who buy our products to others who visit our Websites.
2.7 Information You Provide to Us. The information we collect on or through our Website or when you sign up to receive Services may include: Information that you provide by filling in forms on our Websites or through our Services. This includes information provided at the time of purchasing products; downloading, using, or subscribing to our Services; contacting us; posting material; making payments (including Financial Information that you provide) or requesting further services. We may also ask you for information when you contact us through our Websites, through the Services, or by telephone. This information includes your name, email address, and telephone number. Information that resellers provide, including names; reseller codes; licensure details including practice names, license numbers, and specialties; addresses and payment details. We use this information to facilitate wholesale pricing and discounts. Information that you provide to us if you choose to subscribe to our free newsletters or obtain reports. Metadata from files that you upload to our Websites or to (or by means of) our Services.Information that we need to process and fulfill a purchase order. Records and copies of your correspondence (including email addresses), if you contact us. Details of transactions you carry out through our Websites and through the Services and of the fulfillment of your orders. You may be required to provide Financial Information before placing an order through our Website. We may receive certain information from third parties required for us to fulfill your orders. For instance, if you use a credit card to purchase an item from us, we may receive your email address, name, address, phone number, and the last four digits of your credit card. We use third party processors that provide the credit card processing functions on our Websites and through our Services. These third-party processors will receive, store, and process your Financial Information. Information that you submit through our Websites and Services when you correspond with us, including through our messaging features. Information that you provide to us when you call us or communicate with us by electronic mail. This includes information that you provide to us when you communicate with our customer support department. Usernames and passwords that we use to authenticate your access to our Websites and the Services.
3. WEBSITE SECURITY RULES
3.1: You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. RD&T will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
4. COMMUNICATIONS WITH THIRD PARTIES THROUGH THE WEBSITE
4.1: Your dealings or communications through the Website with any party other than the Website are solely between you and that third party. For example, certain areas of the Website may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Except for third parties used by RD&T to process subscriptions or orders on the Website, under no circumstances will RD&T be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
5. SOFTWARE OR APPS AVAILABLE ON THIS WEBSITE
5.1: Any software or app that is made available to download from the Website (“Software”) is the copyrighted work of RD&T’ suppliers. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to users in territories where its distribution is prohibited by law.
6. INTERNATIONAL USERS
6.1: The Website is controlled, operated and administered by RD&T from its offices within the United States. RD&T makes no representation that materials available through the Website are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.
7.1: RD&T shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website shall constitute your acceptance of any changes. RD&T shall have the right at any time to change or discontinue any aspect of the Website, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions. you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
8. NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
8.1: You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
9.1: All materials and services on the website and third-party sites to which it links are provided “as is” or “as available” without warranty of any kind. RD&T is not responsible for the availability or content of other services that may be linked to the Humanity Upgrade website. Because RD&T has no control over such services, you acknowledge and agree that RD&T is not responsible for the availability of such external services, and that RD&T does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such external services. You further acknowledge and agree that RD&T shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such external services. The content published on the website may include inaccuracies or typographical errors. Changes are periodically made to the information on the website. RD&T and/or its suppliers may make improvements and/or changes to the website at any time including changes to these terms of service. The website offers a search feature within the site. RD&T explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. RD&T also disclaims any responsibility for the completeness or accuracy of any directory or search result. RD&T and/or its suppliers make no representations and, to the fullest extent allowed by law, disclaim all warranties, express or implied, including, but not limited to warranties of merchantability and fitness for a particular purpose regarding the suitability of the information; the accuracy, reliability, completeness or timeliness of the content, services, products, text, graphics, links, or other items contained within the website, or the results obtained from accessing and using the website and/or the content contained therein. RD&T does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the website, including the server that makes it available, are free of viruses or other harmful components. The user assumes the entire cost of all necessary maintenance, repair or correction of the users computer and other equipment.
10. INDEMNITY/LIMITATION OF LIABILITY
10.1: As a condition of use of this website, you agree to indemnify, defend and hold harmless, RD&T and its suppliers, each of their parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, members, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (a) your use of the website; (b) RD&T’ use of any content or information you provide, as long as our use is not inconsistent with this agreement; (c) information or material posted or transmitted through your membership account, even if not posted by you; and, (d) any violation of these terms of service by you.
10.2: Under no circumstances, including, but not limited to, negligence, shall RD&T, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the content, unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. You specifically acknowledge and agree that RD&T is not liable for any conduct of any user.
11. INFORMATION COLLECTED THROUGH AUTOMATION TECHNOLOGY.
11.1: As you navigate through and interact with our Websites and Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Websites and our Services, including traffic data, access times, accessed pages, location data, logs, and other communication data and the resources that you access and use on the Websites and Services. Details of whether or not you have opened our emails. Information about your computer or device and internet connection, including your IP address, domain name, operating system, browser type and language, and other unique identifying information, including information of machines that have our software downloaded and installed on them. Information about the timing and sizes of packets sent between you and the Websites and the Services. Information about the pages from which you were referred to our Websites or our Services. Information about your monitor screen resolution and color depth. When you visit our Websites or use our Services, your browser or application will send information to our servers hosting these Websites and Services. This information is stored in log files that our IT providers and developers will have access to. This information includes the IP address of the requesting device, the date and time of access, the name and uniform resource location of the retrieved file, the referring website, and your browser type. Additional information, such as your operating system may also be included.
The information we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information that we collect in other ways or receive from third parties. It helps us to improve our Websites and the Services offered through such Websites and Services and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns. Store information about your preferences, allowing us to customize our Websites and Services according to your individual interests.
Optimize your searches.Recognize you when you return to our Websites or use our Services. Identify you to ensure the security of our Websites and the Services and the transmission and storage of data between you and us. Control unauthorized use or abuse of our Websites and our Services.
Web Beacons. Certain pages on our Websites and available through our Services and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Personal Information is not collected by us via cookies and other tracking technologies except as disclosed below. If you have previously provided Personal Information to us, cookies may be tied to such information.
12. OTHER TRACKING TECHNOLOGIES
12.1: We advertise on Facebook (including Instagram), Google and Twitter. The third parties may use tracking technologies to collect information, for instance, when you click on our ads. We do not receive any Personal Information from these advertisers that would allow us to identify a specific user of our Websites or Services except as described below. Collected data includes: The IP address of your device; The date and time that you access our Websites and Services; The identification number of a cookie; The device identification of your devices, if you use our applications on your devices such as tablets or smartphones; and Technical information about your browser and your operating system.
12.4: Google DoubleClick: Our Websites and Services use DoubleClick by Google. Use of DoubleClick allows Google and its partner sites to serve ads that we purchase from Google on other websites and services based on information it learns from your previous visits to our Websites or use of our Services. Third party cookies detect which advertisements have already appeared in your browser and whether you visited a website or a service because of an advertisement. This allows you to receive advertisements that are relevant to your interests. The data arising in this context can be transmitted by Google to a server in the United States for evaluation and stored there.
12.5: Google AdWords: As a user of Google AdWords, we partner with Google to perform conversion tracking on some of the pages of our Websites which you may access through our Services. Google AdWords places a cookie on your computer or mobile device if you have accessed certain webpages on our Websites or through our Services via a Google advertisement. If you visit certain pages on our Websites or through our Services and the Google AdWords cookie has not yet expired, we and Google can track whether you have clicked on an advertisement and been referred to our page as a result. The information collected by means of this cookie allows us to obtain conversion statistics that help us with improving our Websites and our Services. We and other AdWords’ customers know, among other things, the total number of customers who have clicked on our advertisements and been redirected to a page on a website with a conversion tracking tag. But no AdWords customer receives any information by which it can personally identify visitors to its websites. If you do not want to participate in the tracking that we do using Google AdWords, you can prevent the placement of the applicable cookie by configuring your browser or device to prevent websites from setting cookies. You can also deactivate conversion tracking cookies by setting your browser to block cookies from the domain googleadservices.com.
12.7 Twitter Conversion Tracking:We use the Conversion Tracking service of Twitter Inc., (“Twitter”). We and Twitter track whether a visitor to our Websites or of our Services clicks on a link posted by Twitter. Twitter and the Company can determine whether such an action has taken place. In addition, we use Twitter’s Tailored Audiences service. This allows us to provide targeted advertisements to visitors to our Websites and users of our Services. To provide the Tailored Audiences service, we embed some functional code from Twitter that we have integrated into our Websites that your browser or device can execute. Tailored Audiences is also used to create targeting lists of potential customers that meet certain criteria, including geographical location, gender, age, and device types.
13. GOOGLE ANALYTICS
13.1 Our Websites and Services use Google Analytics, a web analytics service provided by Google, to understand how our customers interact with our Websites and Services. Google Analytics collects Internet Protocol (IP) addresses, which are used to provide the analytic services and to identify from which country, state, or city visitors to our Websites and Services arrive. Google Analytics mainly relies on cookies to retain your information in persistent storage, and you may configure your browser or device to prohibit or disable cookies altogether or delete any individual cookie. Google Analytics transmits the information it obtains to Google, which stores it on its servers in the United States or around the world. Google will use this information for analyzing your use of our website, generating reports on website activity for us and providing other services relating to website activity and internet usage. We obtain data about the website from which visitors come to our Websites, which pages visitors visit, and how often and for what duration visitors visit particular pages on our Websites. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
14. PLUG-INS AND TOOLS
16. SOCIAL MEDIA
16.1: Currently, we use the following social media plug-ins: Facebook, LinkedIn, Twitter, and Instagram on some of our Websites and Services. (These plug-ins are sometimes referred to as “widgets”.) If you visit these Websites and social media plug-ins are provided on the web pages that you visit, no personal data are forwarded to the plug-in providers unless and until you click on a plug in. You can identify the providers of the plug-ins by their icons, marks, stylized initials, branding, or logos (e.g. the “f” of Facebook, the “g+” symbol of Google Plus, the camera icon of Instagram, the “in” symbol of LinkedIn, the stylized “p” in a red circle of Pinterest, and the bird symbol of Twitter). If you click on a plug in, you will directly communicate with the plug-in provider, which will receive a notification that you have accessed its website or services from our Websites or Services. By enabling the plug-in, your Personal Information and other data are sent to the plug-in provider and stored there. As plug-in providers often rely heavily on cookies to collect data and store it on your local device, you can delete cookies from your browser’s security settings prior to clicking a plug-in to limit the data that a plug-in provider receives about you. We do not control the providers of the social media plug ins, and their use of your Personal Information and other data is subject to their privacy policies. We provide links to these in the Section captioned “Third Party Services” below.
16.2: Facebook and Facebook Plugins (Like & Share Buttons): Our Websites and Services include links to Facebook and may include plugins for Facebook. The plugins are labeled with a Facebook logo or the addition “Facebook Social Plug-in” or “Facebook Social Plugin.” An overview of the Facebook plugins and their appearance can be found at: https://developers.facebook.com/docs/plugins.
We provide links to Facebook on certain pages of our Websites and through the Services. The links are identified by a stylized lowercase “f.” If you click on the link, you will be directed to a webpage that we maintain with Facebook and will be prompted to login if you are not already logged into your Facebook account. If you do not have a Facebook account, you will need to create an account before you will see Facebook content.
If you do not want Facebook to link your visits to our Websites or use of our Services with your Facebook account, please do not log into your Facebook account when using our Websites and Services. You can prevent the loading of the Facebook plugins and the data processing procedures described above also with add-ons for your browser, for example, with the script blocker Privacy Badger, available at https://www.eff.org/privacybadger.
16.3: LinkedIn. Some pages on our Websites and Services contain integrated components of LinkedIn. With each request to a page on our Websites or Services in which a LinkedIn component (LinkedIn plug-in) is integrated, your browser or device is automatically prompted to download the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this process, LinkedIn receives data about the specific sub-pages of our Websites and portions of our Services that you have visited. If you are logged in with LinkedIn at the time you access these pages, LinkedIn detects with every visit to our Websites or Services by you—and for the entire duration of your stay on our Websites or using our Services—the specific sub-pages of our Websites and certain portions of our Services that you have visited. This information is collected through the LinkedIn integration with our Websites and Services and associated with your LinkedIn account. This happens whether or not you click on the LinkedIn button. If you click on one of the LinkedIn buttons integrated on our website, LinkedIn associates this information to your personal LinkedIn user account, if you have one, and stores the personal data. If you do not want LinkedIn to receive this data, then you should make sure to log off from your LinkedIn account before visiting our Websites or using our Services. LinkedIn allows you to unsubscribe from certain types of messages and advertisements and to manage advertising setting under https://www.linkedin.com/psettings/guest-controls.
16.4: Twitter Plugin: Our Websites and Services include links to Twitter and certain functions of the Twitter service may have been integrated into our Websites and Services. If you click on the Twitter icon, you will connect to a web page that the Company maintains with Twitter. This page provides information about our products and services and allows you to, among other things, “follow” us using the Twitter service so that you will receive short promotional messages from us. We also post photos and videos on the Twitter service. When you use Twitter and “retweet” content, the content from the websites that you retweet are connected to your Twitter account and broadcast to other users. In doing so, data will also be transferred to Twitter.
Some of our Websites and Services may include Twitter plug-ins. These plug-ins are labeled with a Twitter logo, such as a blue bird. To learn more about Twitter plugins and how to identify them, please visit: https://about.twitter.com/de/resources/buttons.
When you access a page on our Websites or through the Services that contains a Twitter plug-in, your browser connects directly to a Twitter server. Twitter transmits content to the plug-in and to your browser, and content from Twitter is embedded into the page that you view on our Websites or Services. This integration provides Twitter with information that your browser or mobile application has accessed the corresponding page of our Websites or our Services, even if you do not have a Twitter account or are not currently logged in to Twitter. This information (including your IP address) is directly transmitted from your browser to a Twitter server and stored by Twitter.
If you have an account with Twitter and are logged in to it, Twitter can immediately associate information about your visit to our Websites or Services with information Twitter has from your Twitter account. If you interact with the Twitter plug-ins by, for instance, clicking on the “Twitter” icon, the information is also directly transmitted to Twitter’s servers and stored there. Twitter will publish this information on your Twitter account, and your contacts will receive notification of your activity.
16.5: Instagram Plug-Ins: Our Websites and Services link to Instagram (“Instagram”), which is a photo and video-sharing social network. An overview of the Instagram plugins and their appearance can be found at: http://blog.instagram.com/post/36222022872/introducing-instagram-badges. If you access pages on our Websites or through our Services that contain the Instagram icon, you will be referred to a page that the Company maintains on the Instagram website.
17. DATABASE STORAGE AND SECURITY
17.1: All Personal Information is stored on restricted database servers. We use industry standard measures to prevent the loss, misuse and alteration of your information once it is in our care. Our hosting provider, which is located in the United States, has access to the servers. Our third-party hosting provider has access to the servers on which your data is stored. We use secure sockets layer technology for transmitting your data and encrypting passwords.
17.2: All Personal Information remains private with us and is not distributed, rented, shared or sold to any outside organizations without your consent except as described in this Policy. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose or share information, including Personal Information, that we collect or you provide as described in this Policy:
17.3: Unless you request to delete your Personal Information, we will retain your information for as long as your account is active, as needed to provide you products and services, to communicate with you about our products and services, to resolve legal disputes, and as required by law. If you wish to cancel your account or request that we no longer use your information to provide you Services, please contact us. Deactivation of your account does not mean your Personal Information has been deleted from our database entirely and we may not control third party vendors who may retain your Personal Information and other data. To request removal of your data, please send an email to email@example.com. While your account is active and even after it has been closed or you have requested deletion of your Personal Information, we will retain your Personal Information as long as we deem it reasonably necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
For information about our third party service providers’ policies regarding data retention, please see the section captioned “Third Party Services” below.
18. THIRD PARTY SERVICES
18.1: We may share certain information, including Personal Information, that we collect about you with our service providers who perform functions on our behalf. These service providers may collect information based upon your use of our Websites or our Services. These providers perform such functions as hosting our web servers, processing credit card payments, providing accounting and customer relationship management services, sending postal mail and email, analyzing data, providing development and IT and telecommunication support, and providing marketing assistance and customer service. In most cases, except as required under applicable law, we do not have control over the data privacy practices of these third parties, and the use of any Personal Information and other data is governed by their privacy policies, which may be updated from time to time. If any of your Personal Information is required by a third party, as described above, we will take steps to ensure that it is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law.
18.14: Other Service Providers. Third parties to whom we outsource certain services such as, without limitation, software developers, waste disposal, IT systems (such as data centers, hosting providers, email providers) or software providers, IT Support service providers, cyber security and forensic providers, document and information storage providers. Most of these service providers are located in the United States. Some of these service providers, such as some of our software developers, are located in other countries such as India and Pakistan.
18.15: Other IT Providers. Third party service providers for certain auditing or breach responses may collect or obtain system logs and maintenance files that record interaction with our Websites and Services (System logs) and other Personal Information (such as IP addresses).
18.16: Third party postal or courier providers who assist us in delivering our products and Services to you, or delivering documents related to them.
18.17: Any third party for whom your consent has been provided or other legal basis obtained, including companies or people that we introduce you to or companies or people with whom you ask us to share your Personal Information.
18.16: We have contracts with these third party service providers, and they are subject to the legal requirements of the jurisdictions in which they operate. Contact information for these providers is provided below.
Please note this list does not include all the third parties with whom or with which we share Personal Information and there may be other examples where we need to share with other parties in order to provide the Services as effectively as we can. More details concerning the collection or processing of Personal Information may be requested from the Company at any time. Please see the contact information at the end of this document.
Please note that the links to our third party service providers’ privacy policies and the information contained within them may change from time to time, and the links provided above may not be current. If the links provided do not allow you to access the privacy policies, please notify us by contacting us at firstname.lastname@example.org
By using our Websites or Services, you consent to your Personal Information being transferred to and from these third parties and processed and stored by them, and having them transfer your data to other countries, including countries that have different data protection rules than your country unless, by law, further explicit consent is required, in which case we will obtain your explicit consent prior to transferring Personal Information. If you are a European resident, you have additional rights under the GDPR. We do not represent that our Websites, Services, or these third party services are appropriate or available in any particular jurisdiction.
19.2: These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall control.
19.3: These Terms of Service have been made in and shall be construed and enforced in accordance with the laws of the State of New Jersey. Any action to enforce this agreement shall be brought and in and you agree to submit to the exclusive jurisdiction of the federal or state courts located in the State of New Jersey. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of RD&T to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms of Service for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to RD&T, and all other provisions for which survival is equitable or appropriate. RD&T may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
20. SERVICE CONTACT
20.1: Contact us with questions or problems with the Website. Any rights not expressly granted herein are reserved.