We at Digital
Formulations LLC respect the privacy of users and visitors to our website.
This Privacy
Policy describes how Digital Formulations LLC (“Omniuse”,
“we”, “our” or “us”) collects, stores, uses and discloses
data. It also describes your rights with respect to your data.
Please read this
Privacy Policy carefully and make sure that you fully understand it. You are
not legally required to provide us with any of your personal data, and may do
so (or avoid doing so) at your own free will. If you do not wish to provide us
with your personal data, or to have it processed by us or any of our service
providers, please simply do not visit or interact with our Site or Application,
nor use our Services. By using our Services, you are expressly consenting to
our collection, processing, storing, disclosing, using and handling of your
data as set forth in this Policy now, and as amended by us from time to time.
You may also
choose not to provide us with “optional” personal data (i.e. “not required”
fields on forms), but please keep in mind that without it we may not be able to
provide you with the full range of our Services or with the best user
experience when using our Services.
When we use the
term “personal data” in this Privacy Policy, we mean information that
identifies, relates to, describes, is reasonably capable of being associated
with, or could reasonably be linked, directly or indirectly, to an individual.
It does not include aggregated or anonymized information that is maintained in
a form that is not reasonably capable of being associated with or linked to an
individual. We will not process any special (or sensitive) categories of
Personal Data except where we are able to do so under applicable legislation or
with your explicit consent.
Any capitalized
but undefined term in this Privacy Policy shall have the meaning given to it in
our Terms of Services (“Terms”).
Who do we collect
data from?
·
Business Users/
Institutions: We collect
the personal data of the internal focal persons of our business customers / Institutions
(“Business Customer”), submitted to our server/system based form
generation platform (hereinafter referred to as the “Platform”), who
directly engage with Omniuse concerning the Omniuse account of such Business Customer, such as Admins
or billing contacts.
·
Individual Users: personal data of the Individual User where he/
she is directly interacting with the Site/application or using the Services for
himself/ herself.
·
Visitors / Users
of our Sites/ Application/ Services: data relating to visitors / users of our
websites, participants at our events, and any other prospective customer, user
or partner (collectively, “Prospects”) who visits or otherwise interacts
with our websites, mobile applications, digital ads and content, emails,
integrations or communications under our control (“Site/ Application”,
and collectively with the Platform – the “Services”).
What data do we collect?
We may collect the following categories of personal
data:
From Users
availing our Services:
·
Name, email, phone
number, position, profile picture, login credentials, contractual, billing
details, payment information, and any other information submitted by Admins or
otherwise available to us when they sign up or log in to the Site/ Application,
when creating profile on behalf of the Business Customer.
·
We collect this
information directly from the Individual or the Business Customer, their
Admins, or other third parties related to the Business Customer’s Omniuse account.
From all Users / Visitors of our Site/ Application
/ Services:
·
Connectivity,
technical and usage data, such as IP addresses and approximate general
locations derived from such IP addresses, device and application data (like
type, operating system, mobile device or app ID, browser version, location and
language settings used), activity logs, the relevant cookies and pixels
installed or utilized on your device, and the recorded activity (sessions,
clicks, use of features, logged activities and other interactions) in
connection with our Services. We collect and generate this information
automatically, including through the use of analytics tools (including cookies
and pixels) – which collect data such as: how often one visits or uses the Site/
Application, which pages they visit and when, which website, ad or email
message brought them there, and how they interact with and use the Site/
Application and its various features.
·
Personal data
contained in any forms and inquiries that you may submit to us, including
support requests, interactions through social media channels and instant
messaging apps, registrations to events that we host, organize or sponsor, and
participation in our online and offline communities and activities; surveys,
feedback and testimonials received; expressed.
We collect this information you provide to us when
you request or purchase products, services, or information from us, register
with us (including when you link your profile on a third-party site or platform
with your registration account), participate in forums or other activities on our Site/ Application,
respond to guest surveys, call us, or otherwise interact with us using one or
more devices. You may provide information in a variety of ways, including by
typing or using voice commands.
From time to time, we may receive Personal Data
about you from third party sources like databases and social media but only
where we have checked that these third parties either have your consent to or
are otherwise legally permitted or required to disclose your personal
information to us. The types of information we obtain from such third parties
include your name, e-mail address, postal address, location, designation, and
telephone number.
Use of Cookies and other technologies to collect
information
Our Site/
Application and Services (including some of our Services Providers) utilize
“cookies”, anonymous identifiers, pixels, container tags analytics signals, web
beacons, log files, and other technologies in order for us to provide and monitor
our Services and Site/ Application, to ensure that they perform properly, to analyze our performance and marketing activities, and to
personalize your experience. Such cookies and similar files or tags may also be
temporarily placed on your device. Certain cookies and other technologies serve
to recall personal data, such as an IP address, as indicated by a Prospect or
User. You may also use the “Cookie settings” feature available in our Services
depending on your location and activity on our Services, as applicable. We may
also use Google Analytics to help us understand how you use the Site. You can
read more about how Google uses your Personal Information here: https://policies.google.com/privacy. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Cookies are small pieces of data
that are stored on your computer, mobile phone or other device. Pixels are small blocks of code on web pages
that do things like allow another server to measure viewing of a web page and
are often used in connection with cookies. HTML5 Local Storage is a small
database located inside your browser which web pages can use to store data to
speed up their processing. Cookies do lots of different jobs, like letting you
navigate between pages efficiently, storing your preferences, and generally
improving your experience on our Site/ Application. Cookies make the
interaction between you and our Site/ Application faster and easier. Cookies
and other things like local storage also help us authenticate you to deliver
personalized content to you.
Please note that
we do not change our practices in response to a “Do Not Track” signal in the
HTTP header from a browser or mobile application. However, most browsers allow
you to control cookies, including whether or not to accept them and how to
remove them. You may set most browsers to notify you if you receive a cookie,
or to block or remove cookies altogether. We are not responsible for those
third parties or what they may place on your device or in your browser.
How we use your
data & legal bases we rely on
We use personal
data for the following purposes (and in accordance with the legal bases as
provided):
·
Enable
us to provide the Services
·
Ensure
that our apps/website are presented in an effective manner for you and for your
device
·
Provide
you with marketing information about us and our services, including
personalised marketing
·
Notify
you about changes to our Service
·
Carry
out our obligations arising out of the Terms of Service
·
Keep
the platform secure
·
Improve
user experience and our Services
·
Enable
us to be legally compliant
·
Defend
our servers against malicious attacks
·
Communicate
with you
We process your personal data for
these purposes based on our legitimate interests or a third party’s legitimate
interest, as the case may be, to ensure we provide our Services in an
effective, safe and efficient manner. Where we process your personal data
for administering your account, or to the extent necessary to allow you to
access our Services, we do so for the purposes of our contract with you. We
will not process any special (or sensitive) categories of Personal Data or
Personal Data, except where we are able to do so under applicable legislation
or with your explicit consent. When we use the term “personal data” in this
Privacy Policy, we mean information that identifies, relates to, describes, is
reasonably capable of being associated with, or could reasonably be linked, directly
or indirectly, to an individual. It does not include aggregated or anonymized
information that is maintained in a form that is not reasonably capable of
being associated with or linked to an individual.
We try to be as careful as possible
when using your data. Anywhere we take in personal data or perform actions we
feel may be optional or objectionable to you, we will ask for your consent
which can also be revoked at a later date. We are always looking to improve and
as we identify data that falls into this category will continue to inform you
so you are always aware of when we take in your data and how we process
it.
Our
Use Of Aggregated And Anonymized Information
We may share anonymized usage data
which does not identify you specifically with third parties. We may combine your data with those of other
users of our Services and share this information in aggregated and anonymized
form with third parties to help us improve the design and delivery of our
software tools, increasing the effectiveness for all users.
When and with whom
do we share your data
When processing
your Personal Data, we may need to share it with other third parties, as set
out below. Data with third parties are shared only as reasonably necessary to
provide the Service(s) and subject to confidentiality obligations. This list is
non-exhaustive and there may be circumstances where we need to share Personal
Data with other third parties:
·
With third party
service providers providing us with services, such as research and analytics,
anti-spamming and anti-phishing services, marketing and data enrichment or for
them to reach out to you on our behalf.
·
With third parties
assisting us in providing the Services, and assisting us with marketing,
advertising our product/service offerings, or providing, maintaining and improving
the features and functionality of the Services.
·
With payment
processors who process your credit card and other payment information. In addition, we may
disclose information to third parties to verify the authenticity of any
financial transaction involving our company or to update your billing
information.
·
With third-party
social media networks, advertising networks and websites.
·
If you submit a
public review or feedback, note that we may (at our discretion) store and
present your review publicly, on our Site/ Application and Services.
·
In exceptional
circumstances, we may disclose or allow government and law enforcement
officials access to your personal data, in response to a subpoena, search warrant
or court order (or similar requirement), or in compliance with applicable laws
and regulations.
·
We may share your
personal data with others if we believe in good faith that this will help
protect the rights, property or safety of Omniuse,
any of our Users, or any members
of the general public.
·
With affiliates
and companies that we will acquire in the future when they are made part of our
group – this may be for customer support, marketing, technical operations,
account management or organizational purposes and to provide, enhance and
improve the Services. In addition, should Omniuse or
any of its subsidiaries undergo any change in control, including by means of
merger, acquisition or purchase of substantially all of its assets, your
personal data may be shared with the parties involved in such an event.
·
With auditors,
lawyers, accountants and other professional advisers who advise and assist us
in relation to the lawful and effective management of our organization and in
relation to any disputes we may become involved in.
Some of our advertising
partners may deploy their own tracking or cookies not administered by Us. These
technologies are subject to our advertisers’ Privacy Policies.
Communications
We engage in
Services and promotional communications, through email, phone, SMS and
notifications.
Services
Communications: We may
contact you with important information regarding our Services. For example, we
may send you notifications (through any of the means available to us) of
changes or updates to our Services, billing issues, log-in attempts or password
reset notices, etc. You can control your communications and notifications
settings from your User Profile settings, or otherwise in accordance with the
instructions that may be included in the communications sent to you. However,
please note that you will not be able to opt-out of receiving certain Services
communications which are integral to your use (like password resets or billing
notices).
Promotional
Communications: We may also
notify you about new features, additional offerings, events and special
opportunities or any other information we think you will find valuable. We may
provide such notices through any of the contact means available to us (e.g.
phone, mobile or email), through the Services, or through our marketing
campaigns on any other sites or platforms. If you do not wish to receive such
promotional communications, you may notify Omniuse at
any time by sending an email to us, changing your communications preferences in
your User Profile settings, or by following the “unsubscribe”, “stop”,
“opt-out” or “change email preferences” instructions contained in the
promotional communications you receive.
Behavioural
advertising and Re-marketing: We may display
personalised content, including from third party content publishers, and
personalise ads, based on the information we have about you. We may also work
with third parties such as network advertisers to serve ads on our Website and
on third-party websites or other media, including targeted ads. These third
parties may use cookies, JavaScript, and other tracking technologies to measure
the effectiveness of their ads and to personalize advertising content to you.
For more information about how targeted advertising works, you can visit the
Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Where is your data
stored and when is it retained
Data Location: We and our authorized Service Providers
(defined below) maintain, store and process personal data your local
jurisdiction or such other locations as reasonably necessary for the proper
performance and delivery of our Services, or as may be required by applicable
law.
Our headquarters
are in the United States. While privacy laws vary between jurisdictions, Omniuse, its affiliates and Service Providers are each
committed to protect personal data in accordance with this Privacy Policy,
customary and reasonable industry standards, and such appropriate lawful
mechanisms and contractual terms requiring adequate data protection, regardless
of any lesser legal requirements that may apply in the jurisdiction to which
such data is transferred. Wherever your personal information is transferred,
stored or processed by us, we will take reasonable steps to safeguard the
privacy of your personal information. These steps may include implementing
standard contractual clauses where recognized by law, obtaining your consent,
or other lawful means of transferring personal information.
Data Retention: We may retain your personal data for as long
as it is reasonably needed in order to maintain and expand our relationship and
provide you with our Services and offerings; in order to comply with our legal
and contractual obligations; or to protect ourselves from any potential disputes
(i.e. as required by laws applicable to log-keeping, records and bookkeeping,
and in order to have proof and evidence concerning our relationship, should any
legal issues arise following your discontinuance of use), all in accordance
with our data retention policy and at our reasonable discretion. To determine
the appropriate retention period for personal data, we consider the amount,
nature, and sensitivity of such data, the potential risk of harm from
unauthorized use or disclosure of such data, the purposes for which we process
it, and the applicable legal requirements. If you have any questions about our
data retention policy, or wish to inquire about your personal data in our
possession or request the deletion of any personal data that you have submitted
to us, please contact us at info@omniuse.com
How we keep your
data secure
The security,
integrity, and confidentiality of your information are extremely important to
us. Omniuse takes all appropriate technical and
administrative security measures to protect your personal data from loss and
misuse. The
information you provide to us may be stored on servers in your local
jurisdiction as we may determine in our sole discretion, and may include
servers owned and operated by Amazon Web Services, Inc. (‘Authorised Service
Provider’).
We
use industry standard security measures to keep your data safe including
private networking, firewalling, role-based access controls, authentication, backups,
and monitoring. Your data is
stored in a secure operating environment, which is not publicly accessible.
Your personal data is encrypted when transferred using Secure Socket Layer
(SSL) technology. This means that communication between your computer and our
servers uses a recognized encryption method, provided your browser supports
SSL. We regularly review our security procedures to consider appropriate new
technology and methods. Please be aware that, despite our best efforts, no
security measures are perfect or impenetrable.
We have
appropriate internal policies regarding standard operating procedures in
handling your personal information and/or data. Only employees who need
access to such information to perform a specific job, as provided in this
Policy, are granted access to personal data. In addition, we are committed
to taking strict action to enforce the privacy responsibilities of our
employees.
In the event that
the security of information and/or personal data is breached as a result of a
security failure, We will immediately, and not later than any period specified
under any applicable law, notify the Users whose personal information security
is breached.
Where we have
given you a username, password and/or security information which enables you to
access particular features of the Service, you are responsible for keeping
these access credentials confidential. You must not share these details with
anyone, or store them in a way that may allow a third party to access them.
Your Rights
We provide you the
ability to exercise certain controls and choices regarding our collection, use
and sharing of your information. In accordance with applicable law and subject
to the terms of this policy, your controls and choices may include:
·
Right to obtain
information about the clarity of identity, the basis of legal interests, the
purpose of the request and use of personal data, and about our accountability;
·
Correcting,
updating, and deleting your account with us;
·
Choosing or
changing your choices for subscriptions, newsletters, and alerts;
·
Right to withdraw
consent granted for personal data;
·
Right to data
portability;
·
Choosing whether
to receive from us offers and promotions for our products and services, or
products and services that we think may be of interest to you;
·
Controlling
targeted advertising from many ad networks and partners; data exchanges; and
marketing analytics and digital advertising and marketing service providers;
·
Choosing whether
we share your personal information with other companies so they can
send you offers and promotions about their products and services;
·
Requesting removal
of your personal information from our Site/ Application or Services;
·
Requesting access
to the personal information we hold about you and that we amend or delete it.
If you wish to
exercise your privacy rights under applicable law (including the EU or UK GDPR
or the California Consumer Privacy Act (CCPA)) – such as (each to the extent
applicable to you under the laws which apply to you) the right to know/request
access to (specific pieces of personal data collected; categories of personal
data collected; categories of sources from whom the personal data was
collected; purpose of collecting personal data; categories of third parties
with whom we have shared personal data), to request rectification or erasure of
your personal data held with Omniuse, or to restrict
or object to such personal data’s processing (including the right to direct us
not to sell your personal data to third parties now or in the future), or to
obtain a copy or port such personal data, or the right to equal Services and
prices (e.g. freedom from discrimination) – please contact us by email.
If
you are a GDPR protected individual, and wish to complain about the processing
of your personal information then please contact us first, and if we do not
satisfactorily deal with your complaint, then you may proceed in accordance
with the GDPR.
Please note that
when you ask us to exercise any of your rights under this Privacy Policy or
applicable law, we may instruct you on how to fulfill
your request independently through your User Profile settings; refer you to
your Admin; or require additional information and documents, including certain
personal data and credentials in order to process your request in a proper
manner (e.g. in order to authenticate and validate your identity so that we
know which data in our systems relates to you, and where necessary, to better
understand the nature and scope of your request). Such additional information
will be then retained by us for legal purposes (e.g. as proof of the identity
of the person submitting the request, and of how each request was handled), in
accordance with this Privacy Policy.
We may redact from
the data which we make available to you, any personal or confidential data
related to others.
Data
Controller/Processor
Certain data
protection laws and regulations, such as the GDPR or the CCPA, typically
distinguish between two main roles for parties processing personal data: the
“data controller” (or under the CCPA, “business”), who determines the purposes
and means of processing; and the “data processor” (or under the CCPA, “Services
provider”), who processes such data on behalf of the data controller (or
business). Below we explain how these roles apply to our Services, to the
extent that such laws and regulations apply.
Omniuse is the “data controller” of its Prospects’, Users’ and Business
Customers’ personal data, as detailed in Sections above. Accordingly, we assume
the responsibilities of a data controller (solely to the extent applicable
under law), as set forth in this Privacy Policy.
Omniuse is the “data processor” of personal data contained in Business
Customer Data, as submitted by our Business Customers and Users. We process
such data on behalf of our Business Customer (who is the “data controller” of
such data) and in accordance with its reasonable instructions, subject to our
Terms (to the extent applicable) and other commercial agreements with such
Customer.
Our Business
Customers are solely responsible for determining whether and how they wish to
use our Services, and for ensuring that all individuals using the Services on
the Business Customer’s behalf or at their request, as well as all individuals
whose personal data may be included in Business Customer Data processed through
the Services, have been provided with adequate notice and given informed
consent to the processing of their personal data, where such consent is
necessary or advised, and that all legal requirements applicable to the
collection, use or other processing of data through our Services are fully met
by the Business Customer. Our Business Customers are also responsible for
handling data subject rights requests under applicable law, by their Users and
other individuals whose data they collect/ process through the Services.
If you would like
to make any requests or queries regarding personal data we process as a data
processor on our customer’s behalf, including accessing, correcting or deleting
your data, please contact the Business Customer’s Admin directly.
Additional Notices
Updates and
Amendments: We may
update and amend this Privacy Policy from time to time by posting an amended
version on our Services. The amended version will be effective as of the date
it is published. When we make material changes to this Privacy Policy, we will
give notice as appropriate under the circumstances, e.g., by displaying a
prominent notice within the Services or by sending an email. Your continued use
of the Services after the changes have been implemented will constitute your
acceptance of the changes.
California
Requirements: This Privacy
Policy describes the categories of personal information we may collect and the
sources of such information, and our retention and deletion practices. We also
included information about how we may process your information, which includes
“business purposes” under the California Consumer Privacy Act (CCPA). We do not
sell your personal information for the intentions and purposes of CCPA. We may
disclose personal data to third parties or allow them to collect personal data
from our Services as described hereinabove, if those third parties are
authorized Services Providers or business partners who have agreed to our
contractual limitations as to their retention, use, and disclosure of such
personal data, or if you integrate the Services of third parties with our
Services, or direct us to disclose your personal data to third parties, or as
otherwise described hereinabove.
If you have any
questions or would like to exercise your rights under the CCPA, you can contact
us by email.
Third Party
Websites and Services: Our Services
includes links to third party websites, applications, and services, and
integrations with Third Party Services. Such websites, applications, services
and Third Party Services, and any information you process, submit, transmit or
otherwise use with or to such websites, applications, services and Third Party
Services, are governed by such third party’s terms and privacy practices and policies,
and not by this Privacy Policy. We encourage you to carefully read the terms
and privacy policies of such websites, applications, services and Third-Party
Services. We have no liability or responsibility for the content, activities of
such Third Party websites or services.
Age Limitations: To the extent prohibited by applicable law, Omniuse does not allow use of our Service and Website by
anyone younger than 13 years old, or such other age prescribed by applicable
law. We do not knowingly collect personal data from children and do not wish to
do so. If we learn that a person under the age of 13, or such other age
prescribed by applicable law, is using the Services, we will attempt to
prohibit and block such use and will make our best efforts to promptly delete
any personal data stored with us with regard to such child. If you believe that
we might have any such data, please contact us by email.
Questions,
concerns or complaints: If you have any
comments or questions regarding our privacy policy or practices, or if you have
any concerns regarding your personal data held with us, or if you wish to make
a complaint about how your personal data is being processed by us, please
contact our support at info@omniuse.com.
These Terms of Service along with any
other terms and policies referenced herein, as amended from time to time (the “Terms”)
constitute a legally binding agreement, between you and us, as of the date
these Terms were lastly updated, governing your access to, and the use of the
website and the mobile application, owned or operated by Digital
Formulations LLC (the “Site/ Application”), and the use of, and
registration with, our Service (defined below) through the Site/ Application,
or through any other means.
These Terms are between Digital
Formulations LLC (“Omniuse”, “us”, “we”
or “our”) and you, either individually, or on behalf of your company or
any other entity which you represent (“you” or “your”). In case
you represent your company, institute or another entity, you hereby represent
that (i) you have full legal authority to bind your company,
institute or entity (as applicable) to these Terms; and (ii) after reading and
understanding these Terms, you agree to these Terms on behalf of your company,
institute or entity, and these Terms shall bind your company, institute or
entity.
PLEASE NOTE THAT YOU ARE DEEMED AS AN
AUTHORIZED REPRESENTATIVE OF YOUR COMPANY OR ENTITY, AS APPLICABLE: (I) IF YOU
ARE USING YOUR COMPANY, INSTITUE OR AN ENTITY’S EMAIL ADDRESS IN REGISTERING
INTO THE SERVICE; AND (II) IF YOU ARE AN ADMIN (AS DEFINED BELOW).
IF YOU DO NOT AGREE TO COMPLY WITH,
AND BE BOUND BY, THESE TERMS OR DO NOT HAVE AUTHORITY TO BIND YOUR COMPANY,
INSTITUE OR ENTITY, PLEASE DO NOT ACCEPT THESE TERMS OR ACCESS OR USE THE
SERVICE OR THE OMNIUSE SITE OR OMNIUSE MOBILE APPLICATION.
1. Our Service
The Omniuse
platform is a web and mobile application based system that inter alia
helps companies as well as individuals to create, use and fill forms for
various purposes (the “Service”).
Modification or Discontinuation of
the Service
We may add, modify or discontinue any
feature, functionality or any other tool, within the Service and/or Site/
Application, at our own discretion and without further notice. We may, in our
sole discretion, notify you by posting an announcement on the Site/ Application
and/or via the Service or by sending you an email, about such addition,
modification or discontinuation.
Ability to Accept Terms
You must be of the age of majority
according to the law applicable to you to use the Site and Services. By agreeing
to these Terms, you represent and warrant to us: (i)
that you are not a minor; and (ii) that if you are under the age of majority or
under the age of legal eligibility and capacity in the jurisdiction applicable
to you to enter into binding contracts, you agree to use the Site and Services,
under the guidance of and through a legal guardian, provided both you and such
legal guardian have read and agreed to these Terms and approved of your
continued use of the Services subject to these Terms; (iii) that you have not
previously been suspended or removed from the Services; and (iv) that your use
of the Services is in compliance with any and all applicable laws and
regulations.
2. Account Registration and Administration
Account Registration
To register for the Service for the
first time, you are required to create an account with the Service. By creating
an account (the “Account”) and registering for the Service, you become,
either individually or on behalf of your company, institute or entity
(“Business Customer”), or on behalf of whom you created the Account, a Omniuse customer (the “Customer”). In case of
Business Customers, one user may be designated as administrator of the Account
(the “Admin”). The Admin may assign additional users of the Account as
Admins. Admins may be changed by Business Customers.
Your Registration Information and
verification
When you create an Account or when
you are added into an Account or create your user profile (the “User Profile”),
you: (i) agree to provide us with accurate, complete,
and current registration information about yourself; (ii) acknowledge that it
is your responsibility to ensure that your password remains confidential and
secure; (iii) agree that you are fully responsible for all activities that
occur under your User Profile and password, including any integration or any
other use of third party products or services (and associated disclosure of
data) in connection with the Service; and (iv) undertake to promptly notify us
in writing if you become aware of any unauthorized access or use of your
Account or User Profile and/or any breach of these Terms.
We may assume that any communications
we receive under your User Profile have been made by you. You will be solely
responsible and liable for any losses, damages, liability and expenses incurred
by us or a third party, due to any unauthorized usage of the Account by either
you or any other User or third party on your behalf.
You understand and agree that we may
require you to provide information that may be used to confirm your identity
and help ensure the security of your Account and/or User Profile. In the event
that you or the Admin lose access to an Account or otherwise request
information about an Account, we reserve the right to request from you or such
Admin (as the case may be) any verification we deem necessary before restoring
access to or providing information about such Account.
3. License
Our Intellectual Property
The Service and Site/ Application,
inclusive of materials, software, programming interface, design, text,
editorial materials, informational text, photographs, illustrations, audio
clips, video clips, artwork and other graphic materials, and names, logos,
trademarks and services marks, any and all related or underlying technology and
any modifications, enhancements or derivative works of the foregoing
(collectively, “Omniuse Materials”), are
Our property and of our licensors, and is protected by applicable copyright and
other intellectual property laws. We retain all rights, title and interest,
including all intellectual property rights, in and to the Omniuse
Materials.
Your Access and Use Rights
Subject to these Terms, we grant you
a limited, worldwide, non-exclusive, non-transferable right to access and use
the Service and Site/ Application, during the applicable Subscription Term,
solely for Customer’s internal purposes.
Use Restrictions
Except as expressly permitted in
these Terms or our End User Licensing Agreement, you may not, and shall not
allow any third party to: (i) give, sell, rent,
lease, timeshare sublicense, disclose, publish, assign, market, resell,
display, transmit, broadcast, transfer or distribute any portion of the Service
or the Site/ Application to any third party; (ii) circumvent, disable or
otherwise interfere with security-related features of the Site/ Application or
Service or features that prevent or restrict use or copying of any content or
that enforce limitations on use of the Service or Site/ Application; (iii)
reverse engineer, decompile or disassemble, decrypt or, attempt to derive the
source code of, the Service or Site/ Application, or any components thereof;
(iv) copy, modify, translate, improve, alter, change or create any derivative
works of the Service or Site/ Application, or any part thereof; (v) take any
action that imposes or may impose (at Omniuse’s sole
discretion) an unreasonable or disproportionately large load on the Omniuse infrastructure or infrastructure which supports the
Site/ Application or Service; (vi) interfere or attempt to interfere with the
integrity or proper working of the Service or Site/ Application, or any related
activities; (vii) remove, deface, obscure, or alter Omniuse’s
or any third party’s identification, attribution or copyright notices,
trademarks, or other proprietary rights affixed to or provided as part of the
Service or Site/ Application, or use or display logos of the Service or Site/
Application without Our prior written approval; (viii) use the Service or Site/
Application for competitive purposes, including to develop or enhance a
competing service or product; (ix) use the Service or Site in violation of
applicable law; (x) store or transmit any content that infringes upon any third
party’s intellectual property rights; (xi) post, transmit, upload, link to,
send or store any content that is unlawful, racist, hateful, abusive,
libellous, obscene, or discriminatory; (xii) post, transmit, upload, link to,
send or store any viruses, malware, Trojan horses, time bombs, or any other
similar harmful software; (xiii) track cookies, ad exchanges, ad networks, data
brokerages, or to send electronic communications in violation of applicable
law; or (xiv) encourage or assist any third party to do any of the foregoing.
4. Privacy Policy and other content
Omniuse respects your privacy and is committed to protecting the information
you share with us for availing our Services (the “Customer Data”). It is
agreed that you retain all right, title and interest (including any and all
intellectual property rights) in and to the Customer Data and any modifications
made thereto. Subject to these Terms, Customer hereby grants to Omniuse and its affiliates a non-exclusive, worldwide,
royalty-free right to process the Customer Data solely to the extent necessary
to provide the Services and perform all related obligations owed to Customer
under these Terms, or as may be required by law. You are solely responsible for
the accuracy, content and legality of all Customer Data. You warrant that
Customer has and will have sufficient rights in the Customer Data to grant the
rights to us under these Terms. Customer Data will be considered as
Confidential Information.
Our policy, practices and information
about what we collect, how we collect and process data, are described in our
Privacy Policy available on our website. If you intend to connect to, access or
use our Site and/or Services, you must first read and agree to the Privacy
Policy.
We may allow you to upload, share,
post, publish, transmit, or otherwise make available (“Share”) on or
through the Site, content, such as text, chats, images, audio, video, contest
entries or other content, which may be accessible and viewable publicly. You
agree that you will only Share, on or through the Site, such content that you
have the right and authority to Share and for which you have the right and
authority to grant to Omniuse all of the licenses and
rights set forth herein. By Sharing content, you grant Omniuse
a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, fully
sublicensable license to use, reproduce, modify, adapt, translate, publish,
publicly perform, publicly display, broadcast, transmit and distribute the
content for any purpose and in any form, medium, or technology now known or
later developed. You warrant that: (a) you have the right and authority to
grant this license; (b) Omniuse's exercise of the
rights granted pursuant to this license will not infringe or otherwise violate
any third party rights; and (c) all moral rights in the content have been
waived to the full extent allowed by law.
We may monitor, screen, post, remove,
modify, store and review such content or communications, at any time and for
any reason, including to ensure that such content or communication conforms to
these Terms, without prior notice to you. We may terminate your account and
access to the Site or Service if your content violates these Terms, including
unlawful postings or content, without prior notice to you.
5. Third Party Services
We may present to you (including on
our websites/ mobile application) services provided by third parties, other
than Omniuse (“Third-Party Services”). We do
not endorse or make any representation, warranty or promise regarding, and do
not assume any responsibility for, any such Third-Party Service, regardless of
whether it is described as “authorized”, “certified”, “recommended” or the
like. We have no obligation to make available or provide support for
Third-Party Services and do not guarantee the initial or continuing
interoperability of the Site/ Application with any Third-Party Services.
We are not responsible for any delays,
delivery failures, or any other loss or damage resulting from the transfer of
data over communications networks and facilities, including the internet by a
Third-Party Service Provider (third party providing services, other than Omniuse), and you acknowledge that the Site/ Application
may be subject to limitations, delays and other problems inherent in the use of
such communications facilities.
If you use a Third-Party Service that
requires access to or transfer of the content, you acknowledge that any such
access or transfer is between you and the Third-Party Service Provider pursuant
to the Third-Party Service Provider’s own terms and conditions and privacy
notices, and that we are authorized to provide the content as requested by the
Third-Party Services. We shall not be liable or responsible for any
modification, loss, damage or deletion of the content by any Third-Party
Services obtained by you.
6. Termination and Suspension
9. Warranty Disclaimer and Indemnities
In the preparation of the Site/
Application and contents therein, every effort has been made to offer the most
current, correct, and clearly expressed information possible. Nevertheless,
inadvertent errors may occur. In particular, but without limiting anything
here, we disclaim any responsibility for any errors in accuracy, completeness
and timeliness of the information that may be contained in the Site/
Application. Any reliance on the material on our Site/ Application is at your
own risk.
We do not guarantee, represent or
warrant that your use of our Service will be uninterrupted, timely, secure or
error-free. The Site/ Application and the service are provided on an “as is”,
“with all faults” and “as available” basis, and without warranties of any kind.
We and our affiliates, subcontractors, agents and vendors, including, the third
party service providers, hereby disclaim any and all representations and
warranties of any kind, including without limitation, warranties and/or
representations of merchantability, functionality, title, fitness for a particular
purpose and non-infringement, whether express, implied or statutory, to the
fullest extent permitted by law.
We undertake no obligation to update,
amend or clarify information in the Service, except as required by law. No
specified update or refresh date applied in the Service should be taken to
indicate that all information in the Service has been modified or updated.
We're constantly working hard to
enhance our Site/ Application or Service with new features and products. We may
add or delete features, start offering new services, or discontinue offering
old ones as part of these initiatives. While we make every effort to minimize
service interruptions, we cannot promise that there will be no outages or
modifications, and your material may be lost as a result of such outages or
changes. Any such disruptions or service adjustments are not our
responsibility.
You undertake to defend and hold
harmless, Omniuse and its affiliates, officers,
employees, etc. from any loss or damage arising out of your use of the Site/
Application, and out of your violation of these Terms or applicable laws.
10. Limitation of Liability
In no event shall we, or our
affiliates, subcontractors, agents and vendors (including, the third party
service providers), be liable under, or otherwise in connection with these
Terms for (i) any indirect, exemplary, special,
consequential, incidental or punitive damages; (ii) any loss of profits, costs,
anticipated savings; (iii) any loss of, or damage to data, use, business,
reputation, revenue or goodwill; and/or (iv) the failure of security measures
and protections, whether in contract, tort or under any other theory of
liability or otherwise, and whether or not you has been advised of the
possibility of such damages in advance, and even if a remedy fails of its
essential purpose.
We will not be held liable in any way
for any content posted by other users, even if such content is harmful,
hurting, or objectionable. Please proceed with caution when using our Site/
Application.
11. Modifications
Occasionally we may make changes to these
Terms for valid reasons, such as adding new functions or features to the
Service, technical adjustments, typos or error fixing, for legal, regulatory,
or any other reasons we deem necessary, at our sole discretion. When we make
material changes to these Terms, we’ll provide you with notice as appropriate
under the circumstances, e.g., by displaying a prominent notice within the
Service or by sending you an email. You are responsible for periodically
reviewing this Agreement for updates and amendments. Your continued use of the
Service after the changes have been implemented will constitute your acceptance
of the changes.
12. Governing Law
These Terms and any action related
thereto will be governed and interpreted by and under the laws of the United
States without giving effect to any conflicts of laws principles that require
the application of the law of a different jurisdiction. Courts of competent
jurisdiction located in Ohio, United States, shall have the sole and exclusive
jurisdiction and venue over all controversies and claims arising out of, or
relating to, these Terms. You agree that the United Nations Convention on
Contracts for the International Sale of Goods does not apply to these Terms.
Notwithstanding the foregoing, Omniuse reserves the
right to seek injunctive relief in any court in any jurisdiction.
13. General Provisions
Force Majeure
We shall not be liable for delay or
failure in performance of Services for causes beyond our reasonable control,
which may include denial-of-service attacks, interruption or failure of the
Internet or any utility service, failures in third-party hosting services,
strikes, shortages, riots, fires, acts of God, war, terrorism, or governmental
action (‘Force Majeure Event’); or any other damage which does not result from
a breach of our obligations under this Agreement.
Relationship of the Parties
The parties are independent
contractors. These Terms and the Service provided hereunder, do not create a
partnership, franchise, joint venture, agency, fiduciary or employment
relationship between the parties. There are no third-party beneficiaries to
these Terms.
Notice
We shall use your contact details
that we have in our records, in connection with providing you notices. Our
contact details for any notices are detailed below. You acknowledge notices
that we provide you, in connection with these Terms and/or as otherwise related
to the Service, shall be provided, in the sole discretion of Omniuse, by any of the following means: via the Service, including
by posting on our Site/ Application or posting in your account, text, in-app
notification, e-mail, phone or first class, airmail, or overnight courier. You
further acknowledge that an electronic notification satisfies any applicable
legal notification requirements. Any notice to you will be deemed given upon
the earlier of: (i) receipt; or (ii) 24 hours of
delivery. Notices to us shall be provided at info@omniuse.com
Assignment
These Terms, and any and all rights
and obligations hereunder, may not be transferred or assigned by you without
our written approval, provided that you may assign these Terms to your
successor entity or person, resulting from a merger, acquisition, or sale of
all or substantially all of your assets or voting rights, except for an
assignment to a competitor of Omniuse, and provided
that you provide us with prompt written notice of such assignment and the
respective assignee agrees, in writing, to assume all of your obligations under
these Terms. We may assign our rights and/or obligations hereunder and/or
transfer ownership rights and title in the Service to a third party without
your consent or prior notice to you. Subject to the foregoing conditions, these
Terms shall bind and inure to the benefit of the parties, their respective
successors, and permitted assigns. Any assignment not authorized under this
Section shall be null and void.
Severability
These Terms shall be enforced to the
fullest extent permitted under applicable Law. If any provision of these Terms
is held by a court of competent jurisdiction to be contrary to law, the
provision will be modified by the court and interpreted so as best to
accomplish the objectives of the original provision to the fullest extent
permitted by law, and the remaining provisions of these Terms will remain in
effect.
No Waiver
No failure or delay by either party
in exercising any right under these Terms will constitute a waiver of that
right. No waiver under these Terms will be effective unless made in writing and
signed by an authorized representative of the party being deemed to have
granted the waiver.
Entire Agreement
This Agreement read with the EULA encompasses
the entire agreement between you and Omniuse with
respect to the subject matter hereof and supersedes all prior representations,
agreements and understandings, written or oral.
Anti-Bribery
Neither party has received or been
offered any illegal or improper bribe, kickback, payment, gift, or thing of
value from an employee or agent of the other party in connection with these
Terms.
14. Contact Information
If you have any questions about the
Service or these Terms, you may email us at info@omniuse.com