PROFESSIONAL SERVICES TERMS AND CONDITIONS


These Cloud-Solution Professional Services Terms and Conditions (these “Terms and Conditions”) are by and between 0data.fr, Inc., a 0DATA corporation (“Cloud-Solution”), and the individual or entity designated as “Customer” in one or more Statements of Work (each, an “SOW”, and collectively, the “SOWs”) entered into in connection with these Terms and Conditions (“Customer”). Cloud-Solution and Customer may be referred to individually as a “Party” and collectively as the “Parties” in these Terms and Conditions. The agreement between Cloud-Solution and Customer includes these Terms and Conditions and one or more SOWs. Each SOW, when executed by both Parties, constitutes a separate agreement, and, except for provisions of these Terms and Conditions that are specifically excluded or modified in such SOW, the provisions of these Terms and Conditions are incorporated into each such SOW by this reference. In the event that the Parties are also parties to a Master Services Agreement (“MSA”), and provisions of such MSA directly conflict with provisions of these Terms and Conditions, the provisions of such MSA shall control, but only to the extent that such provisions directly conflict.Services.(a) Cloud-Solution shall provide Customer the services set out on each SOW, subject to and in accordance with the terms of these Terms and Conditions and each such SOW (the “Professional Services”). Cloud-Solution agrees to use good faith efforts to implement the Professional Services in accordance with the applicable SOW. Customer agrees to provide, and to cause its third party vendors and agents to provide, Cloud-Solution with all information, access, and good faith cooperation required to enable Cloud-Solution to provide the Professional Services to Customer. The Professional Services may include services provided by or through a third party. Customer shall not resell the Professional Services unless permitted by the applicable SOW. No amendment or change may be made to an SOW without the acceptance of such amendment or change by Cloud-Solution.(b) While Cloud-Solution is performing the Professional Services set forth on an SOW and before Cloud-Solution has delivered such Professional Services, Customer may request changes to such Professional Services. If agreeable to Cloud-Solution, Cloud-Solution shall incorporate any such changes pursuant to a “change order” to the applicable SOW executed by both Parties setting forth the amended scope of the Professional Services and the impact thereof on, among other things, the specifications, the delivery dates, and the cost to Customer of the Professional Services and deliverables set forth on such SOW. If the Parties are unable to mutually agree upon a change order setting forth the relevant information, then the Parties agree Cloud-Solution shall complete the original SOW.(c) To ensure the stability of the Cloud-Solution network and to comply with laws, regulations, and Internet standards, Cloud-Solution relies upon the Acceptable Use Policy (currently available at: https://www.0data.fr/terms-conditions/aup) (the “Acceptable Use Policy”) and the Privacy Policy (currently available at: https://www.0data.fr/terms-conditions/privacy-policy) (the “Privacy Policy”, and together with the Acceptable Use Policy, the “Policies”). The Policies are incorporated into these Terms and Conditions by this reference. Customer shall comply with the Policies and ensure that all parties having access to the Professional Services by or through Customer comply with the Policies. The Policies may be amended by Cloud-Solution, and such amendments shall be effective upon posting the amended Policies to the applicable URL; provided, however, that Cloud-Solution shall not change the Policies arbitrarily, and, other than in an emergency or as required by law, Cloud-Solution shall provide Customer with advance notice of any change to the Policies.Term.These Terms and Conditions are effective and binding on the Parties as of the effective date of the earliest SOW and shall, unless terminated pursuant to Section 4, continue until the later of: (a) one (1) year or (b) completion of the work set out on all existing SOWs. Upon such earlier completion or termination of an SOW, Cloud-Solution shall have no further duties or obligations (including any support of or related to the Professional Services) to provide the Professional Services with respect to the items set out on such SOW.Billing and Payment.(a) Customer shall pay Cloud-Solution the fees set forth on each SOW. Fees do not include taxes. Customer shall pay all taxes assessed upon or related to the Professional Services (except for taxes based on Cloud-Solution’s net income), unless Customer provides Cloud-Solution with a valid tax exemption certificate.(b) Customer shall pay the fees and taxes set forth on an invoice within twenty-one (21) days following the date of such invoice (the “Due Date”). If Customer fails to pay an invoiced amount by the Due Date, Cloud-Solution may assess a late payment charge equal to the lesser of (i) 1.5% times the unpaid amount per month or (ii) the maximum amount permitted by law. Customer shall pay all of Cloud-Solution’s reasonable expenses associated with any collection efforts, including, but not limited to, reasonable attorneys’ fees and court costs.(c) Customer may dispute an invoice, so long as such dispute is made in good faith and, prior to the Due Date, Customer (i) pays all undisputed amounts and (ii) provides Cloud-Solution with written notice of and evidence supporting such dispute. Cloud-Solution and Customer shall attempt in good faith to resolve such dispute within thirty (30) days of Cloud-Solution’s receipt of Customer’s notice and supporting evidence. Any disputed amount found to be properly owed to Cloud-Solution shall be paid within five (5) days following resolution of the dispute, together with the applicable late payment interest fee on such amount accrued from the original due date for such amount.Termination and Suspension.(a) Either Cloud-Solution or Customer may terminate:(i) an SOW or these Terms and Conditions, as applicable, in the event that the other Party breaches a material obligation of an SOW or these Terms and Conditions and (A) such breach is not cured within thirty (30) days (or ten (10) days in the case of non-payment by Customer) following the breaching Party’s receipt of written notice from the non-breaching Party, in which case such termination shall be effective as of the end of such thirty (30) day period (or ten (10) day period in the case of non-payment by Customer), or (B) such breach is incurable, in which case such termination shall be effective upon the breaching Party’s receipt of written notice from the non-breaching Party.(ii) an SOW or these Terms and Conditions in the event that the other Party becomes the subject of any insolvency, receivership, or bankruptcy proceeding or makes an assignment for the benefit of creditors or ceases to do business. Such termination shall be effective upon the other Party’s receipt of written notice from the Party electing to terminate.(iii) an SOW or these Terms and Conditions in the event of Force Majeure that has made performing under the SOW or these Terms and Conditions impossible for thirty (30) continuous days. Such termination shall be effective upon receipt of written notice from the Party electing to terminate.(b) Customer shall pay Cloud-Solution for all services rendered and expenses incurred prior to the effective date of termination. Additionally, in the event that Cloud-Solution terminates pursuant to Section 4(a)(i) or Section 4(a)(ii) or Customer terminates outside of the reasons set forth in Section 4(a), (i) Customer shall pay, within five (5) days of the effective date of such termination, all damages that Cloud-Solution incurred as a result of such termination and (ii) Cloud-Solution expressly disclaims liability for any resultant damages, delays, or claims of Customer. Customer acknowledges and agrees that this provision is a material inducement to Cloud-Solution entering into these Terms and Conditions. Termination of these Terms and Conditions will terminate any SOW.(c) Cloud-Solution may suspend the Professional Services in the event and for the period of time that: (i) providing the Professional Services is prohibited by applicable law or regulation; (ii) Customer fails to pay any invoiced amount (except for an amount disputed in good faith in accordance with Section 3(c)) when due; or (iii) the Professional Services are used in violation of the Policies or applicable law or regulation.(d) In the event that Cloud-Solution suspends the Professional Services pursuant to Section 4(c)(ii) or Section 4(c)(iii), Customer shall pay all amounts for the Professional Services during the period of suspension as if no suspension had occurred.Warranties, Indemnification, and Limitations of Liability.(a) Customer and Cloud-Solution represent and warrant to each other that such Party has the power, authority, and legal right to enter into and to perform such Party’s obligations under these Terms and Conditions. Customer represents and warrants that Customer owns or has the right to use all data and Intellectual Property (as defined below) transmitted by or used in connection with the Professional Services.(b) NOTWITHSTANDING ANY COMMUNICATIONS BETWEEN Cloud-Solution AND CUSTOMER, EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, NEITHER Cloud-Solution NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS, OR LICENSORS MAKE ANY WARRANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, COMPLETELY SECURE, ERROR-FREE, NON-INTERRUPTION, NON-INTERFERENCE, OR NON-INFRINGEMENT. EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, THE PROFESSIONAL SERVICES AND EQUIPMENT PROVIDED UNDER OR ASSOCIATED WITH THESE TERMS AND CONDITIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EACH OF THESE DISCLAIMERS SHALL APPLY UNLESS PROHIBITED BY APPLICABLE LAW.(c) Cloud-Solution shall indemnify, defend, and hold harmless Customer, its affiliates, employees, and agents (collectively, the “Customer Group”) from and against all claims, actions, and demands and all damages and expenses, including reasonable attorneys’ fees, related to the foregoing (collectively, “Losses”) asserted against or incurred by the Customer Group to the extent arising from (i) personal injury, death, or physical damage to, loss of, or theft of tangible personal property caused by the gross negligence or willful misconduct of the Cloud-Solution Group or (ii) allegations that Customer’s use of the Intellectual Property (as defined below) wholly owned by Cloud-Solution and used to provide the Professional Services directly infringes the Intellectual Property rights of a third party under the laws of the country in which such Professional Services are provided to Customer; provided, that the Cloud-Solution Group’s sole and exclusive liability with respect to Section 5(c)(ii) shall be limited to Cloud-Solution, in its sole discretion, either making such Professional Services non-infringing or obtaining a license or consent to allow Customer’s continued use of such Professional Services; provided further, that, if neither of these options is commercially practicable, Cloud-Solution may terminate such Professional Services, in which case Cloud-Solution shall refund to Customer any prepaid fees for such Professional Services. Notwithstanding anything to the contrary, Cloud-Solution shall have no liability or obligation for any infringement based on unauthorized use or modification of the Professional Services, use of the Professional Services in combination with any Intellectual Property (as defined below) not owned by Cloud-Solution, or Customer’s failure to install updates or patches.(d) Customer shall indemnify, defend, and hold harmless Cloud-Solution, its affiliates, employees, and agents (collectively, the “Cloud-Solution Group”) from and against all Losses asserted against or incurred by the Cloud-Solution Group to the extent arising from (i) personal injury, death, or physical damage to, loss of, or theft of tangible personal property caused by the gross negligence or willful misconduct of the Customer Group or (ii) use of the Professional Services, including, but not limited to, allegations that the Professional Services have been used, or use has been facilitated by Customer, in a way that (A) infringes an Intellectual Property (as defined below) right of a third party under the laws of a country in which such Professional Services have been used or use has been facilitated by Customer, or (B) violates the Policies or applicable law or regulation.(e) The indemnification obligations of this Section 5 shall be conditioned on the party suffering the Loss (i) promptly notifying the indemnifying party in writing of the circumstances giving rise to such Loss such that there is no material prejudice to the indemnifying party due to the timing of the delivery of such notice and (ii) giving the indemnifying party complete authority and information for the defense or settlement of the matter; provided, that (A) the indemnified party shall have the right to participate in the defense of the matter at such party’s expense, and (B) the indemnifying party shall not settle the matter without the indemnified party’s prior written consent if such settlement contains an admission of liability or fault attributable to the indemnified party or material equitable relief.(f) To the extent permitted by applicable law and regardless of the basis for a claim, under no circumstances shall either party be liable for any indirect damages of any nature (including, but not limited to, consequential, incidental, exemplary, special, or punitive damages or damages for business interruption or loss of revenues, profits, data, or business information) that arise out of or in connection with these Terms and Conditions OR THE PROVISION OF THE PROFESSIONAL SERVICES. This limitation shall apply even if a party has been advised of the possibility of these damages and even if such damages were foreseeable; provided, however, that this exclusion shall not apply to (i) Cloud-Solution’s indemnification obligations under Section 5(c)(i) with respect to willful misconduct in regards to personal injury or death and under Section 5(c)(ii), and (ii) Customer’s indemnification obligations under Section 5(d)(i) with respect to willful misconduct in regards to personal injury or death and under Section 5(d)(ii). Customer agrees that for the purposes of this section, lost revenues and lost profits do not include Customer’s payment obligations to Cloud-Solution pursuant to these Terms and Conditions.(g) To the extent permitted by applicable law and except for (i) the Parties’ respective indemnification obligations under Section 5(c)(ii) and Section 5(d)(ii) and (ii) Customer’s payment obligations with respect to fees and related taxes and expenses, the Cloud-Solution Group’s liability to the Customer Group and the Customer Group’s liability to the Cloud-Solution Group arising out of these Terms and Conditions and any other agreements between the Parties shall not exceed the amount of fees paid by Customer to Cloud-Solution for the Professional Services during the twelve (12) months immediately prior to the event giving rise to the liability.Confidential Information.“Confidential Information” means all non-public information, know-how, and trade secrets in any form disclosed by one Party to the other Party and that are designated by the disclosing Party as confidential or are known, or under the circumstances should be known, to be confidential. For the avoidance of doubt, the following items shall be considered Confidential Information: these Terms and Conditions and Cloud-Solution’s network configuration, and the following items shall not be considered Confidential Information: information that is or becomes publicly known or available without breaching this section, information that is or was previously disclosed to the receiving party from a third party without any confidentiality restriction, information that is independently developed without using any Confidential Information or otherwise breaching this section, reference to the other Party by name as a vendor or customer, or the existence and general nature of these Terms and Conditions (but not any specific terms of these Terms and Conditions). Each Party agrees: (a) to hold the Confidential Information of the other Party in strict confidence using the same standard of care that such party uses to protect its own confidential information, but no less than reasonable care, and (b) not to disclose the Confidential Information of the other Party to any third party, other than as necessary to provide the Professional Services, as permitted by the Policies, or as required by applicable law, court order, or regulation. In the event that a Party is required by applicable law, court order, or regulation to disclose the other Party’s Confidential Information, such Party shall, unless prohibited by law, provide the other Party a reasonable opportunity to obtain, at the other Party’s expense, a protective order. Customer shall use reasonable security precautions in connection with its use of the Professional Services, including, but not limited to, encrypting any sensitive information (such as nonpublic personal information and protected health information) transmitted by or used in connection with the Professional Services, and require all parties having access to the Professional Services by or through Customer to use reasonable security precautions. Customer is responsible for the security of customer credit card numbers and related information to which Customer may have access as a result of conducting electronic commerce transactions in connection with the Professional Services.Intellectual Property.“Intellectual Property” means trademarks, service marks, copyrights, patents, technology, hardware, software, and other proprietary rights, whether owned or licensed. In order to permit Cloud-Solution to provide the Professional Services, Customer shall obtain and maintain all rights, consents, and approvals required to grant Cloud-Solution and its agents the right to access, use, and modify any data, content, equipment, and Intellectual Property utilized by Customer in connection with the Professional Services. Unless expressly stated in these Terms and Conditions, neither Party shall (a) have any right, title, claims, or interest in or to the other party’s Intellectual Property, (b) use, copy, modify, or translate any of the other Party’s Intellectual Property or related documentation, (c) decompile, disassemble, or reverse engineer any of the other Party’s Intellectual Property, or (d) distribute or authorize a third party to distribute any of the other Party’s Intellectual Property. Cloud-Solution shall own all worldwide right, title, and interest in and to all work product performed for Customer, and all technology and Intellectual Property rights therein. Cloud-Solution retains all rights that are not expressly granted in these Terms and Conditions to Customer. Customer may choose to, but is not required to, provide comments or suggestions or related data to Cloud-Solution regarding possible improvements to the operation, functionality, or use of the Professional Services, and inventions, product improvements, modifications, or developments made by Cloud-Solution, if any, shall be the exclusive property of Cloud-Solution.8. Miscellaneous.(a) Governing Law; Interpretation. These Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Colorado, without regard to choice of law or conflicts of laws principles. The Parties consent to the jurisdiction of the federal or state courts located in Denver, Denver County, Colorado for all disputes between the Parties, and venue shall be proper in any such court. Neither Party shall contest notice from any such court. The Parties hereby waive trial by jury in any dispute between the parties. The United Nations Convention on Contracts for International Sale of Goods shall not apply to these Terms and Conditions or any dispute between the Parties. No presumption or burden of proof shall arise favoring or disfavoring a Party by virtue of the authorship of any provision of these Terms and Conditions. Customer acknowledges and agrees that the pricing provided to Customer is based largely on the Parties’ respective rights, obligations, and limitations provided in these Terms and Conditions.(b) Compliance with Laws. Each Party shall obtain and maintain all permits and licenses required by applicable law or regulations for the provision or use, as applicable, of the Professional Services. Each Party shall comply with all applicable law and regulations in connection with these Terms and Conditions and, in the case of Customer, in its use of the Professional Services, including, but not limited to, all applicable export control, data protection, Intellectual Property, and consumer protection laws and regulations. Customer agrees that: (i) violating applicable export control laws may include selling products or services that may be legal to sell in the United States, but illegal to export, and (ii) Customer shall not use the Professional Services to provide services to individuals or entities with which citizens of the United States may not do business.(c) Force Majeure. Except for failure to pay, neither party shall be liable for or be considered in breach of these Terms and Conditions due to any failure or delay in performing, if such failure or delay is caused by an event of Force Majeure. “Force Majeure” shall mean circumstances beyond a Party’s reasonable control, including, but not limited to, a natural calamity, act of God, military or terrorist act, change in law, labor dispute, utility disruption or outage, malfunction of equipment or software, loss or corruption of data, interruption of or delay in transportation, failure by any supplier or other third party to perform, or act or omission of the other Party.(d) Amendment; Waiver; Severability. Except as otherwise expressly provided in these Terms and Conditions, these Terms and Conditions shall not be amended and the Professional Services shall not be changed except by a written amendment signed by both Parties. The failure or delay to exercise, or the partial exercise of, any right or remedy shall not operate as a waiver of, nor affect the right to exercise, any such right or remedy, nor shall a waiver of any breach or default constitute a waiver of any subsequent breach or default. The waiver of time for performance shall not constitute a waiver of the act or condition itself. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision of these Terms and Conditions, which shall remain in full force and effect. Any such invalid or unenforceable provision shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable provision.(e) Assignment. These Terms and Conditions shall be binding upon and inure to the benefit of Customer, Cloud-Solution, and Cloud-Solution’s respective successors and permitted assigns. Neither Party may assign these Terms and Conditions without the prior written consent of the other Party, which consent will not be unreasonably withheld or delayed; except that Cloud-Solution may assign these Terms and Conditions without the prior consent of Customer (i) to an affiliate and (ii) in connection with a merger, reorganization, or sale of all or a portion of its assets. The sale, assignment, or other transfer of the equity securities or other ownership interests of Cloud-Solution shall not constitute an assignment of these Terms and Conditions. Any attempt to assign these Terms and Conditions without the other Party’s required consent shall be null and void. Notwithstanding the foregoing, Customer agrees that Cloud-Solution may delegate performance of any of its obligations hereunder to its subsidiaries or to agents or subcontractors selected by Cloud-Solution, except that Cloud-Solution shall not be relieved of any of such obligations as a result of such delegation.(f) Notices. All notices, requests, consents, and other communications (collectively, “Notices”) required or permitted under these Terms and Conditions shall be in writing and shall be deemed to have been received on the earlier of (i) the date of actual receipt (including by facsimile or email), (ii) the first business day after being sent to the designated address by a nationally recognized overnight delivery service, or (iii) the third business day after being mailed to the designated address by first class mail. Notices shall be delivered to the Parties at the respective addresses stated in the SOWs.(g) Entire Agreement; Survival; Conflicts. These Terms and Conditions state the entire agreement between the Parties, and supersede all previous proposals, negotiations, and other written and oral communications between the Parties, with respect to the subject matter of these Terms and Conditions. The following provisions shall survive the termination of these Terms and Conditions: Sections 3, 4, 5, 6, 7 and 8. If there is a conflict between documents entered into by the Parties, such documents shall have the following order of precedence: (i) the SOW or SOWs, then (ii) these Terms and Conditions. Customer acknowledges and agrees that these Terms and Conditions and all SOWs are separate from any other agreement between the Parties, including any MSA. Performance or non-performance (including any delay in timing of performance) of the Professional Services shall not impact the payment obligations of Customer for other services provided by Cloud-Solution (for example, pursuant to an MSA), and that performance or non-performance (including any delay in timing of performance) of other services provided by Cloud-Solution (for example, pursuant to an MSA) shall not impact the payment obligations of Customer for the Professional Services.(h) No Third-Party Beneficiary; Relationship of the Parties. No person or entity other than Customer and Cloud-Solution and their respective successors and permitted assigns is or shall be entitled to bring any action to enforce any provision of these Terms and Conditions against either or both of Customer and Cloud-Solution or any related party. The Parties shall be considered independent contractors of one another, and neither Party shall have the authority to make any representations, claims, or warranties of any kind on behalf of the other Party or on behalf of the other Party’s affiliates, agents, subcontractors, licensors, or third-party suppliers. Nothing in these Terms and Conditions shall be construed as implying a joint venture, agency, employer-employee, or partnership relationship between the Parties.v: 8-26-14

(“Customer Record”).Inquiries – When Users contact us we may ask for information that allows us to contact them, validate the seriousness of their inquiry and request specific information related to the reason they have contacted us (“User Inquiry Information”). User Inquiry Information may be associated with other information, such as cookies and information from Tracking Software.Surveys – Users may be offered the opportunity to respond to surveys, questionnaires and requests for information (“Survey Information”). The types of data that Users provide to us is set out in the survey request.Statistical Information – All of our servers collect statistical information such as Users’ addresses, dates Users visit, computers Users are using, operating system, and other similar types of data (“Statistical Information”).Cookies – Our website uses cookies. These data files are read by our server to determine whether Users have visited our site before, how often, the length of time and which pages Users view. The equipment we use to provide Services to Users may also place cookies on their computers. You may stop the use of tracking cookies by clicking the Opt-out button below. To allow cookies, click Opt-in.Opt-inEven after opting-out, some cookies are still required for basic site functionality (for example, hiding notifications that have already been acknowledged). These basic cookies contain no identifying information and do not track visit data in any way.
Cookies used on the 0data.fr website are:Google Analytics: Tracks page visitation data using a client ID Google Analytics tracks Customer number and internal IDs for the user and session.BrightInfo: Tracks user activity on our webpages to provide more targeted content through advertising pop-ups.Marketo: Tracks all individuals who visit Cloud-Solution website to associate web visits with our automated marketing campaigns. Visitors IP addressed and other information are tracked by Marketo.Tracking Software – We may use software designed to track responses to our advertisements, other promotional activity, and movement throughout our site (“Tracking Software”). Tracking Software includes software such as web beacons and software used by our advertising partners.How We Use Information That We Collect.Subpoenas and Other Demands for Information – Cloud-Solution is required to comply with demands for information as required by state and federal law. Examples of these demands include subpoenas, warrants, and civil discovery demands. Information covered by our Privacy Policy may be disclosed following such a request if we determine, in our sole discretion, that such a disclosure is necessary or required. We may also disclose this information if it is necessary or required to protect our interests, the interests of our customers, or in connection with the sale of our business. We may not be able to notify you prior to any such disclosures.Customer Record – We use the Customer Record to identify Users personally. It is throughout our business to provide services to Users. Information in your Customer Record will only be shared with third parties if it is necessary to provide Third Party Products to you. However, information in the Customer Record related to payments, such as a User’s credit card number, is only used to ensure we receive payment for services rendered.Customer Inquiries – We use User Inquiry Information to identify Users personally. It is throughout our business to provide services to Users. User Inquiry Information is shared with third parties only to identify and fix problems with services we provide when we are unable to do so ourselves.Survey Information – We use Survey Information to identify Users personally. We use it throughout our business to market new products and services to Users. Survey Information is not shared with third parties in ways that identify Users personally. To the extent we share Survey Information with third parties, it is done in aggregate.Statistical Information – We do not use Statistical Information to identify Users personally. We use Statistical Information to operate our hardware and software, diagnose problems and administer our website. We may use aggregate Statistical Information to modify the products and services we offer based on who is visiting our website and what they are purchasing.Cookies – We may use cookies to identify Users personally. We use the information provided by cookies to change the way our website looks to Users, to keep Users logged in to certain areas of our website, to ensure continued connection to the Equipment, and to collect demographic data about where Users go on our website and how they behave. Cookies used by our Equipment are used to track and log activities on the Equipment and our Network for security, network maintenance and other related activities. Information about Users collected by cookies may be combined with information collected from Tracking Software, sales or support inquiries, and additional information in order to identify a User personally.Tracking Software – Tracking Software does not initially identify Users personally. In we use the information provided by Tracking Software to determine the effectiveness of our marketing programs, improve the functionality of our website, and to collect demographic data about where Users go on our website and how they behave. Tracking Software may collect
information that when combined with other information we have collected, will enable us to identify Users individually.Data Retention and SecurityInformation collected by the technologies described in this Privacy Policy is protected by SSL 128 bit encryption technology during transmission. Information kept by us in our business is protected using industry standard security measures. Though we reserve the right to keep the information covered in this Privacy Policy indefinitely, our employees are required to keep this information confidential – unless disclosure is authorized in this Privacy Policy or by Users. No means of communication, information transmission, or storage is totally secure. Because of this we are not responsible for loss corruption or unauthorized acquisition and use of information covered by this Privacy Policy, or for any resulting damages, including unauthorized acquisition and use.v3 (04-27-18)


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