COMMITMENT TO YOUR PRIVACY
Summary and Contact Information
If you have any questions about this Policy or wish to contact us, we can be reached at:
Attn: Head of Marketing
2900 Dryden Road
Dayton, OH 45439
COLLECTION AND USE OF INFORMATION
We are the sole owner of information collected on the Site. The information we collect depends on what you do when you visit the Site or utilize the Services. By accessing the Site and/or using the Services, you are consenting to our use of your Personal Information in accordance with this Policy. Further, your access to and use of the Services is subject to our Terms and Conditions, located at https://csafeglobal.com/about-csafe/website-policies/#terms-conditions.
Information We Collect About You
Personal Information: We use the term Personal Information to mean any information that could be used to identify you, including your name, address, email address, and/or any combination of information that could be used to identify you.
When you interact with our Site or otherwise use our Serves, we collect Personal Information that you choose to share with us. For example, you may share Personal Information with us when you complete forms on the Site, navigate through the Site, and utilize our other Services.
In the past twelve (12) months, we have collected, used, stored, and/or disclosed the following types of Personal Information:
|Category||Type(s) of Information|
|Identifiers||First Name, Last Name, Address, Email, Phone Number, IP Address|
|Financial Information||Credit/Debit Card Number, Expiration Date, Security Code|
|Categories of Personal Information listed in the CA Consumer Customer Records law||First Name, Last Name, Address, Phone Number, Credit/Debit Card Number
Information within this category may overlap with other categories.
|Internet or Other Similar Network Activities||Browsing History, Search History, Interactions with the Site|
|Geolocation Data||Geolocation, beacon-based location, GPS location
You may disable our use of certain identifiers and activities through your device or browser settings.
Deidentified Information: We may collect deidentified information from you that may not by itself reasonably identify you as the source when you navigate the Site or use our Services (“Deidentified Information”). Deidentified Information may include: (i) device type, (ii) device operating system, (iii) internet browser type, (iv) internet service provider, (v) referring/exit pages, (vi) date/time stamp, and (vii) clickstream information. We will take reasonable measures to ensure that Deidentified Information we collect is not personally identifiable and may not later be easily used to identify you.
Children’s Information: Our Services and the Site are not directed to children under the age of 18. We will use commercially reasonable efforts to delete any Personal Information or other information later determined to be provided by a child under the age of 18. If you become aware that a minor has provided Personal Information through our Site, please email us at email@example.com.
How We Collect Your Information
The information we collect depends on what you do when you visit the Site or utilize the Services. We collect Personal Information and Deidentified Information in various ways, including:
- When you provide it to us. You may provide Personal Information to us when you enter or upload information into the Site or otherwise through our Services, create an account, or communicate with us via telephone, email, or otherwise.
When you use the Site or Services, we may also receive Personal Information your device communicates to us, such as information about your location, and other technical information about your device and the software it uses. Certain products/services we offer may also communicate to us information related to the geolocation of shipped goods and the environmental conditions surrounding those goods.
We may also use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), and methods used to browse away from the page.
- Through social media. We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture and gender) to deliver the content or as part of the operation of the Site, plug-in or application.
- When your organization or a third party provides it to us. Your organization may provide us with your Personal Information so that we can activate and manage your access and use of the Site or our Services. We may also receive your Personal Information from carefully vetted third parties who provide services on our behalf (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies).
How We Use Your Personal Information
We use your Personal Information for the following business purposes to help enhance your experience:
- to perform our obligations arising under our contract with you;
- to send you promotional materials;
- to provide you with information you request;
- to notify you about changes to the Services we offer;
- to ensure the content provided on the Site or through our Services is presented in the most effective manner for you and for your device;
- to administer the Site and Services, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- as part of our efforts to keep the Site and Services safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others;
- to deliver relevant advertising to you (unless you choose to opt out of such communications as set forth below); and
- to distinguish you from other users of the Site.
We may also anonymize your Personal Information so that it cannot be associated with you or any individual (“Anonymized Data”). You acknowledge and agree that we own all right and title to Anonymized Data, and that we may make use of the Anonymized Data in any way that we see fit.
How Long We Retain Your Personal Information
SHARING PERSONAL INFORMATION
We do not sell Personal Information and do not disclose your Personal Information to unaffiliated third parties except as provided in this Policy, as follows:
Affiliates. We reserve the right to transfer Personal Information to our affiliates, including companies within the CSafe Global group.
Service Providers. We may transfer Personal Information to third party service providers that assist us in providing user support and promoting our Services, as well as third party service providers that provide other services to us relating to our Services and/or the Site.
In Connection with a Corporate Transaction. We may provide your Personal Information to third parties in connection with a business transaction, including a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of the Company or as part of a corporate reorganization, or stock or asset sale, or other change in corporate control, including for the purpose of determining whether to proceed or continue with such transaction or business relationship. Your Personal Information may also be one of the transferred assets as part of the transaction or bankruptcy. We may also share your Personal Information in the diligence process or to otherwise facilitate any such transaction, and with individuals assisting in the transaction or in connection with a bankruptcy.
For Safety and Security. We may reveal your Personal Information to law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity or in order to protect the safety and security of our users or any third party
For Legal and Compliance Reasons. We may disclose your Personal Information to the extent we reasonably believe we are required or permitted to do so by law or to comply with legal or regulatory requirements, such as a warrant, subpoena, or other court order, or to protect against fraud, illegal activity, or as otherwise required or permitted by applicable domestic or international laws or legal processes. Your Personal Information may also be disclosed where necessary for the establishment, exercise, or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.
Marketing Purposes. We may share your Personal Information with third parties for marketing purposes. If you do not wish for us to share your Personal Information for promotional and marketing purposes, you may opt-out of the sharing. However, should you do so, you may not be able to take part in certain marketing campaigns, promotions, or other activities conducted through the Site.
YOUR CALIFORNIA PRIVACY RIGHTS
CCPA California Resident Rights Disclosures
Where provided for by law and subject to any applicable exceptions, California residents may have the right:
- to know the categories of Personal Information we have collected about you, our business purpose for collecting your Personal Information, and the categories of sources from which Personal Information is collected;
- to know whether we have disclosed your Personal Information for business purposes, the categories of Personal Information so disclosed, and the categories of third parties to whom we have disclosed your Personal Information;
- to request, under certain circumstances, that we delete your Personal Information;
- to instruct businesses that sell Personal Information to stop doing so – we, however, do not sell Personal Information; and
- to be free from discrimination related to the exercise of these rights.
To exercise your rights, please use the Verifiable Consumer Request method described below. Please be aware that your rights are limited to the extent permitted by the CCPA.
“Shine the Light” Law
Under California’s “Shine the Light” law, California residents who provide personally identifiable information in obtaining products or services for personal, family or household use are entitled to request and obtain from us, once per calendar year, information about the Personal Information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared Personal Information for the immediately prior calendar year (e.g., requests made in 2020 will receive information regarding 2019 sharing activities).
To obtain this information from us, please contact us at the contact information provided above and write “Request for California Privacy Personal Information” as the subject of your message. Once we confirm your request, we will send you a reply e–mail within 30 days containing the requested information. Not all information sharing is covered by the “Shine the Light” requirements, and only that information which is covered will be included in our response.
Verifiable Consumer Requests
If you are a California resident, you can exercise your legal rights by submitting a Verifiable Consumer Request to us by:
- Calling us at (937) 245-6350
- Emailing us at firstname.lastname@example.org; or
- Visiting us at 2900 Dryden Road Dayton, Ohio 45439.
Only you, or someone legally authorized to act on your behalf, may make a Verifiable Consumer Request related to your Personal Information. Making a verifiable consumer request does not require you to create an account with us. California residents may only make a Verifiable Consumer Request for access to Personal Information twice in a 12-month period.
The Verifiable Consumer Request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a Verifiable Consumer Request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We will acknowledge receipt of a Verifiable Consumer Request within ten (10) days. We endeavor to respond to Verifiable Consumer Requests within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the Verifiable Consumer Request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to Verifiable Consumer Requests, unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
The security of your Personal Information is important to us. We have put in place commercially reasonable administrative, technical, and physical measures in an effort to protect the Personal Information submitted to us, both during transmission and once we receive it, and to guard that information against loss, misuse or alteration. Please note, however, that no method of transmission over the internet, or method of electronic storage, is 100% secure. For example, email sent to or from the Site may not be secure. Before submitting any personal Information to us, please be aware of these inherent risks and understand that you do so at your own risk.
ACCESSING, UPDATING, AND CONTROLLING INFORMATION
If you ever wish to access, update, change, or delete your Personal Information, you may contact us at the contact information provided above. Accordingly, at your request, we will take reasonable steps to remove your Personal Information from our databases. To help us process your request, please provide sufficient information to allow us to identify you in our records. We reserve the right to ask for additional information verifying your identity prior to disclosing any Personal Information to you. Should we ask for verification, the information you provide will be used only for verification purposes, and all copies of the information will be destroyed when the process is complete.
If you do not wish to receive update messages and/or direct marketing communications from us, you may opt-out by following any instructions included in the communication or by contacting us at the contact information provided above. To help us process your request, please include sufficient information for us to identify you in our records. Please be aware that although you may opt-out of update messages and/or direct marketing communications, we reserve the right to email you administrative notices regarding the Site, as permitted under the CAN-SPAM Act.
We will make commercially reasonable efforts to respond to opt-out requests and handle requests to access, update, change, or delete Personal Information as quickly as possible.
DO NOT TRACK DISCLOSURES
Some web browsers may transmit “do-not-track” signals to websites with which the browser communicates. The Site does not currently respond to these “do-not-track” signals. If we do so in the future, we will describe how we do so in this Policy.
THIRD PARTY SITES
This Policy applies only to information collected by Company through internal channels controlled by Company such as the Site and our Services. From time to time, the Site and Services may link you to other sites or applications (“Linked Sites”) that are not owned by Company. We do not control the collection or use of any information, including Personal Information, which occurs during your visit to the Linked Sites. Further, we make no representations about the privacy policies or practices of the Linked Sites, and Company is not responsible for the privacy practices of these Linked Sites. We encourage you to be aware of when you leave the Site and read the privacy policies of Linked Sites.
CHANGES TO THIS POLICY
Effective Date: from 25 May 2018
This Privacy Notice explains how particular companies in the CSafe Global Group collect, use and disclose your personal data, and your rights in relation to the personal data it holds.
This Privacy Notice applies to the processing activities of CSafe Global Coöperatief U.A., a private company with limited liability organized and existing under the laws of the Netherlands, having its registered address at Strawinskylaan 3127, Atrium Building, 8th floor, 1077 ZX Amsterdam, the Netherlands, who is the data controller of your personal data and who is subject to the EU General Data Protection Regulation 2016/679 (the “GDPR”).
You can reach us at the following address: Strawinskylaan 3127, Atrium Building, 8th floor, 1077 ZX Amsterdam, the Netherlands or email address: email@example.com or by phone: +3188-560 9950.
This Privacy Notice supersedes any previous Privacy Notice or equivalent which you may have been provided with or seen prior to the Effective Date stated above.
Under the GDPR you have the following rights:
- To obtain access to, and copies of, the personal data that we hold about you;
- To object to the processing of your personal data, including requiring us not to send you direct marketing communications;
- To require us to erase your personal data;
- To require us to restrict our data processing activities in relation to your personal data;
- To receive from us the personal data we hold about you which you have provided to us, in a reasonable format specified by you, including for the purpose of you transmitting that personal data to another data controller; and
- To require us to correct the personal data we hold about you if it is incorrect.
Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply.
You can learn more about your rights at https://autoriteitpersoonsgegevens.nl/en. If you have any questions about how we use your personal data, or you wish to exercise any of the rights set out above, please contact us.
Under certain conditions you can object to the processing of your personal data and ask to restrict the usage of it. Further, you might also have the right to ask for erasure or portability of the data you provided to us. To help us process your request, please provide sufficient information to allow us to identify you in our records.
If you are not satisfied with how we are processing your personal data, you can file a complaint with the Dutch Data Protection Authority.
How we collect your data
We collect your personal data in a number of ways:
- From the information you provide to us when you meet us or when you visit our website, or when you request information from our website or from the information to be included in the distribution of our corporate newsletter;
- From information about you provided to us by your company or an intermediary;
- When you communicate with us by telephone, fax, email or other forms of electronic communication. In this respect, we may monitor, record and store any such communication;
- When you complete any type of forms;
- From other companies in the CSafe Group;
- From your agents, advisers, intermediaries, and custodians of your assets;
- From publicly available sources or from third parties, most commonly where we need to conduct background checks about you.
The categories of personal data we collect
We collect the following categories of personal data about you:
- Your name, business or home address, email address, telephone number;
- Personal identification information which may confirm your identity including your date/country of birth, tax identification number and your passport number, driving license or national identity card details, your BSN, country of domicile your nationality (where relevant);
- Information relating to your financial situation such as creditworthiness and your bank account details, (where relevant, for execution of an agreement);
- For each visitor to our website, we may gather certain information and store it in log files including IP addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, pages visited, date/time stamp, and clickstream data;
- Information to assess whether you may represent a politically exposed person or money laundering risk (where relevant, for execution of an agreement).
Collection and use of information while visiting our website
The information we collect depends on what you do when you visit our website. Please note that we collect personal data about you if you choose to provide such information to us by registering with us, running an investigation, setting up an account, and/or contacting us regarding the website or our services. If at any time you do provide us with such information, we will collect it.
Upon request we provide website visitors with access to their personal data that we maintain about them. You can access this information by sending your request to: firstname.lastname@example.org.
We reserve the right to ask for information verifying your identity prior to disclosing any information to you. Should we ask for verification, the information you provide to verify your identify will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete.
We also offer visitors the opportunity to have inaccuracies corrected in information that is collected from this website for marketing purposes by contacting us at: email@example.com.
Registration and Ordering through the website
You may provide information on your initiative to register on our website or order one of our products. We will use this information to provide you with further details about CSafe, our services, and/or other information you might be interested in.
The basis for processing your personal data, how we use that personal data and whom we share it with
(i) Customers management and performance of a contract with you
We process your personal data because it is necessary for the performance of a contract to which you are a party to or in order to take steps upon your request prior to entering into a contract. In this respect, we use your personal data for the following purposes:
- To execute the agreement with you and to provide you with the services as set out in the respective services agreement that we have concluded with you, or to deliver goods to you as set out in the delivery agreements;
- To deal with any complaints or feedback you may have;
- To provide you with the information about the goods we are delivering and services we are providing;
- To inform you about the recent up-dates in our services;
- To draft a proposal for you regarding the services we offer and goods we deliver;
- KYC purposes (when applicable);
- For any other purpose for which you provide us with your personal data.
In this respect, we may share your personal data with, or transfer it to, the following:
- Your agents, advisers, intermediaries, and custodians of your assets who you tell us about;
- Third parties whom we engage to assist in delivering the services to you, including other companies in the CSafe Global Group;
- Our professional advisers where it is necessary for us to obtain their advice or assistance, including lawyers, accountants, IT or public relations advisers;
- Other third parties such as intermediaries who we introduce to you. We will wherever possible tell you who they are before we introduce you; and
- Our data storage providers.
CSafe may also use this information to send you information on products, services, special offers and promotions in which you might have an interest. The means by which CSafe will use to contact you with this information will depend on the type of information you have provided. For example, if you provide us with your email address, you may receive periodic promotional emails from us. If you provide us with your postal address, you may receive periodic mailings from us with information on new products and services.
We will send you marketing about similar services we provide and goods we deliver, as well as other information in the form of alerts, newsletters and invitations to events or functions which we believe might be of interest to you. We will communicate this to you in a number of ways including by post, telephone, email, SMS or other digital channels.
If you do not wish to receive special offers and other promotional information from us, you may opt out of receiving such communications by sending an email to firstname.lastname@example.org or by the “unsubscribe” button in any direct marketing message you receive from us.
(iii) Supplies management
We process your personal data for prospecting for potential supplies and for their assessment; in order for us to perform the supplies administration and control the supplies payments.
(iv) Improving our website
For each visitor to our website, we may gather certain information and store it in log files including IP addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, pages visited, date/time stamp, and clickstream data. We collect and store this information on an individual basis and in aggregate, or combined, form. We use this information to analyze trends, to administer the site, to track users’ movements around the site, and to gather demographic information about our user base as a whole. We also use this information to improve the content of our web pages, and to customize the content and layout of our pages. All of this is done with the intention of making our website more useful to visitors. We treat this data as personal data, but do not correlate this information with other data about individual users. We may also use third-party services and programs to assist us in analyzing this data to better our website.
(v) Legitimate interests
We also process your personal data because it is necessary for our legitimate interests, or sometimes necessary for the legitimate interests of another person.
In this respect, we use your personal data for the following purposes:
- For marketing activities. In this respect, see the separate section on Marketing above;
- Training our staff or monitoring their performance;
- For the administration and management of our business, including recovering money you owe to us, and archiving or statistical analysis;
- Seeking advice on our rights and obligations, such as where we require our own legal advice;
- Handling legal claims and proceedings; and
- For the safety and integrity of CSafe Global Group and its employees and visitors.
In this respect we will share your personal data with:
- Our advisers or agents where it is necessary for us to obtain their advice or assistance;
- Third parties and their advisers where those third parties are acquiring, or considering acquiring, all or part of our business;
- Other companies in the CSafe Global Group.
(vi) Legal obligations
We also process your personal data for our compliance with a legal obligation that applies to us.
In this respect, we will use your personal data for the following purposes:
- To meet our compliance and regulatory obligations, such as compliance with anti-money laundering laws which may include the fact that we conduct a (criminal) background check (when applicable);
- As required by tax authorities or any competent court or legal authority.
In this respect, we will share your personal data with:
- Our advisers where it is necessary for us to obtain their advice or assistance;
- Our auditors where it is necessary as part of their auditing functions;
- Third parties who assist us in conducting background checks;
- Relevant regulators or law enforcement agencies where we are required to do so.
Withdrawal of Consent
If you have given your consent and you wish to withdraw it at any time, please send an email to email@example.com or by opting out via the “unsubscribe” button in any direct marketing message you receive from us.
Transfer and processing of your personal data outside the European Union
When sharing your personal data with third parties as set out in this Privacy Notice, it may be transferred outside the European Union. In these circumstances, your personal data will only be transferred on one of the following bases:
- the country that we send the personal data to is approved by the European Commission as providing an adequate level of protection for personal data;
- the transfer is to a recipient in the United States of America who has registered under the EU/US Privacy Shield;
- the recipient has entered into European Commission standard contractual clauses with us; or
- you have explicitly consented to the same.
To find out more about transfers by us of your personal data outside the European Union and the countries concerned, please send an email to firstname.lastname@example.org.
CSafe does not offer its services or promote its website to, nor does it intentionally collect or retain personal information from, children who are younger than 13 years of age. Visitors to the website are cautioned, however, that the collection of personal information submitted in an e-mail or through the website will be treated as though it was submitted by an adult, and may, unless exempted from access by law, be subject to public access. If you believe your child may have submitted information to CSafe without indicating their actual age and would like it removed, please contact us at email@example.com and we will delete it immediately.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it, and to guard that information against loss, misuse or alteration. When you enter sensitive and/or personal data on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
Please note, however, that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we use commercially-reasonable means to protect your personal data, we cannot guarantee its absolute security.
Retention of your data
CSafe strives to retain personal data for no longer than is necessary for its purposes. The applicable retention period depends on the purpose for which personal data was obtained and on specific data retention obligations arising from applicable laws that may require the data to be held for a certain period of time.
Third party websites
From time to time, our website may link you to other sites (“Linked Sites”) that are not owned by CSafe. We do not control the collection or use of any information, including personally-identifying information, which occurs during your visit to the Linked Sites. Further, we make no representations about the privacy policies or practices of the Linked Sites, and CSafe is not responsible for the privacy practices of these Linked Sites.
Be careful of disclosing any of your personal data when leaving our website. We encourage you to be aware when you leave our website and to read the privacy statements of each and every website that collects personal data.
Thank you for visiting the CSafe site, provided to you by CSafe Global. This document sets forth the terms and conditions that apply to your use of the CSafe site.
This Site is owned by CSafe (“CSafe;” “we”, “us” and “our”, as applicable). CSafe and its affiliates, provide this site and related services to you (the “user”, “you”, and “your”, as applicable), the user of this Site, only for your personal, non-commercial use and subject to your acceptance of and compliance with this Agreement. Please read the terms contained herein carefully before using this Site and/or the services associated therewith. Your use of this Site and the associated services confirms your unconditional acceptance of these terms and conditions. If you do not accept these terms and conditions, do not use this Site.
Changes to this Agreement
1. We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Site. Your use of the Site and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Site if you do not agree to be bound by the revised terms and conditions.
2. When visiting or using this Site, contacting us through this Site, creating a user account making submissions to the Site, and/or placing orders for products or services through this Site, we might collect and use your personal information as discussed in our Privacy Notice, which is hereby incorporated into this Agreement. A copy of the Privacy Notice for the U.S. or international site visitors can be accessed here. A copy of the Privacy Notice for EU site visitors can be accessed here.
General Use and Site License
3. This Site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this Site without the accompaniment and supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Site by children, minors and others under your care, and you agree to be responsible for their use of this Site. Any use of this Site by persons not of the age of majority in the jurisdiction in which they reside and without parental permission can result in immediate termination of your use of this Site and/or any affiliated services.
4. We grant you a limited, nonexclusive and revocable license to make personal and non-commercial use of the Site. You may view, copy, download or print materials from this Site for your own personal and non-commercial use. In this context, “personal and non-commercial use” does not include posting, uploading or otherwise publishing the materials to any other site. This license does not include any rights not specifically enumerated herein. You agree to use this Site only for lawful purposes and in accordance with the terms and conditions contained herein.
5. Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site, including but not limited to the trademarks and copyrights of CSafe, and its affiliates, or to make derivative use of the Site or its contents; (b) to make commercial use of the Site or any of its contents; (c) to collect and use property listings, descriptions or images; (d) to download or copy any account information that is not your own for your own use or for the benefit of another party; (e) to bypass any technical measures used to prevent or restrict access to any portion of the Site; (f) to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser; (g) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; (h) to violate or attempt to violate the security of the Site, (i) to interfere with or attempt to interfere with the proper working of the Site; (j) to alter or modify, or attempt to modify, any part of the Site; or (k) to attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means.
6. You agree not to use the Site for any purpose that is unlawful or prohibited by the Agreement or to solicit the performance of any illegal activity, to stalk or harass other users of the Site, or to engage in any other activity which infringes the rights of CSafe or any other third parties. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site.
7. You acknowledge that your use of this Site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Site, to terminate any user’s account, and to alter or delete any material submitted to the Site through the user’s account. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.
8. To the extent permitted by the applicable law, by submitting your contact information with the Site to make an inquiry, you consent to receive communications from us electronically via the email address associated with your account, including an official newsletter. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
Intellectual Property Rights
9. Unless otherwise noted, all non-submitted content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of CSafe or its suppliers, licensors, partners or affiliates and is protected by United States and international copyright laws. All of the non-user submitted content on this Site is either the property of CSafe or is used by us with the permission of its owner. The compilation of this Site is the exclusive property of CSafe and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with CSafe’s ownership of the Site and its content.
10. The trademarks, logos, and service marks displayed on this Site are owned by CSafe and other third parties, and this Site’s trade dress is owned by CSafe. All trademarks not owned by CSafe are the property of their respective owners, and, where used by CSafe, are used with permission. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. CSafe’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without prior written permission. You agree that you will not take any actions inconsistent with CSafe’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this Site.
11. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
Site Promotions and Transactions
12. We are not responsible for typographical or other errors or omissions regarding products, services prices or other information provided on this Site. All product and/or service sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site. Prices, promotions and availability are subject to change without prior notice.
Links to Third Party Sites
13. This Site may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
14. To the extent applicable, software from this Site is subject to United States export controls. No software from this Site may be downloaded or exported (i) into, or to a national or resident of, any other country to which the United States has embargoed goods; or (ii) to anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
15. CSafe provides this Site and the associated goods and services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify CSafe, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
16. THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY CSAFE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CSAFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CSAFE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, CSAFE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. CSAFE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. CSAFE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, CSAFE IS NOT RESPONSIBLE FOR THOSE COSTS.
17. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. CSAFE DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICES WILL PROVIDE ANY DESIRED RESULT, THAT ITS SITE, SERVERS OR EMAILS SENT BY OR ON BEHALF OF CSAFE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, CSAFE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND CSAFE, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
18. CSAFE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF CSAFE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, CSAFE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON CSAFE’S COMPUTERS AND/OR SERVERS. CSAFE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF CSAFE’S SERVICES . IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CSAFE, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE LESSER OF $5, OR THE TOTAL AMOUNT YOU PAID TO CSAFE TO ACCESS ITS SERVICES AND/OR SITE.
19. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. You agree to indemnify, defend and hold harmless CSafe, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this Site and the services provided in connection with the Site, or your breach of any provision of this Agreement or any warranty provided hereunder.
21. You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against CSafe with respect to this Agreement or the Site, your sole and exclusive remedy is to discontinue using the Site and any services offered in connection with the Site.
22. This Site is created and maintained by CSafe in the State of Ohio. You agree that the laws of the State of Ohio, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and CSafe or its affiliates. Regardless of where you access this Site, you agree that any action or proceeding arising out of this Agreement or your use of the CSafe Site, goods and/or services, whether at law or in equity, must be brought in the state or federal courts located in Dayton, Ohio and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
23. This Agreement represents the entire understanding between the parties regarding your use of the site, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of CSafe. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. CSafe’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
24. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
25. Any rights not expressly granted herein are reserved.
If you have any questions or suggestions regarding these terms and conditions, please contact us at: Doubleday Acquisitions, LLC, dba CSafe Global, at 2900 Dryden Road, Dayton, Ohio 45402, USA, e-mail: info@CSafeGlobal.com, phone: +1 937-245-6350
Track and Trace Services
Terms and Conditions
PLEASE READ CAREFULLY–THIS IS A BINDING CONTRACT
THESE TRACK AND TRACE SERVICES TERMS AND CONDITIONS (“T&C“) ARE PART OF YOUR OR YOUR COMPANY’S AGREEMENT WITH CSAFE, LLC AND ARE A BINDING AGREEMENT BETWEEN CSAFE, LLC (“LESSOR”), YOU AND THE COMPANY OR LEGAL ENTITY THAT YOU REPRESENT (YOU AND/OR YOUR COMPANY OR LEGAL ENTITY MAY BE COLLECTIVELY REFERRED TO AS “LESSEE”) FOR YOUR USE OF THE TRACK AND TRACE SERVICES. THESE T&C MAY BE MODIFIED BY LESSOR FROM TIME TO TIME.
1.1. Track and Trace Services. In connection with the existing Master Equipment Lease Agreement between Lessor and Lessee (the “MLA”) and subject to the terms of these T&C, Lessor agrees to provide Lessee with certain information about the shipping containers that are leased to Lessee under the MLA. Through the use of devices installed in such containers, Lessor is able to provide Lessee with real-time location, container temperature, ambient temperature, container tilt, container shock, door opening/closing events and humidity information regarding the container and its contents (the “Services”). The terms and conditions of the MLA are incorporated herein by reference; provided, however, that in the event of a conflict between the terms of the MLA and the terms of these T&C, the terms of these T&C will control as it relates to the Services only. In all other instances, the MLA will control.
1.2. Access. Lessee may access such Services by logging into an electronic customer portal (“Customer Portal”) using the link to be provided by Lessor. Lessor will notify Lessee of the login ID and other necessary information to use the Services via the Customer Portal (“Login Information”). Lessor hereby grants to Lessee and its Users a limited, non-exclusive, non-transferable, worldwide right during the Term to use the Services for its internal business purposes, in accordance with the terms and conditions of these T&C. “Users” are defined as Lessee’s officers, directors, employees, agents, customers, independent contractors or subcontractors performing work for Lessee and interacting with or using the Services on Lessee’s behalf. Lessee is responsible for maintaining and protecting the Login Information. Lessee is entitled to manage any additions, changes and removals of any User. Lessee is responsible for any act or omission of its Users that would, if it were an act or omission of the Lessee, have been a breach of these T&C. Lessor shall not be liable for any damages to Lessee that are caused by a leak of Login Information to a third party due to reasons not attributable to Lessor. In case the Login Information is forgotten or stolen, Lessee shall promptly notify Lessor thereof and follow Lessor’s instructions if given.
1.3. Restrictions on Use. Lessee agrees that it will not allow its Users or any other party to: (i) modify, copy or create derivative works based on the Services; (ii) reverse engineer the Services; (iii) access the Services in order to (A) build or benchmark a competitive product or service, or (B) copy any ideas, features, functions or graphics of the Services; (iv) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party other than its Users; (v) send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material, including material that violates third party privacy rights; (vi) send or store malicious code; (vii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (viii) attempt to gain unauthorized access to the Services or its related systems or networks.
1.4. Third Party Materials. Lessee will comply with any additional terms and conditions regarding any services, software or other materials that are owned by a third party and provided to Lessee by Lessor as part of the Services (“Third Party Materials”). Lessee’s right to use the Services may be subject to Lessee agreeing to additional terms and conditions regarding any necessary Third-Party Materials.
1.5. Intellectual Property Rights. Lessee acknowledges and agrees that it has no proprietary interest in or to the Services and that all intellectual property rights and other proprietary rights in and to the Services belong to Lessor or its third-party licensors.
2. DATA; FEEDBACK; MODIFICATIONS
2.1. Data. Lessee’s use of the Services requires Lessor to use, collect and analyze certain data regarding Lessee and its shipments and operations (“Customer Data”) to provide accurate information regarding the container and its contents (“Shipping Data”) to Lessee in fulfillment of the Services. Lessee hereby represents and warrants that Lessor has the necessary consents and permission to use the Customer Data and the Shipping Data as set forth herein. Lessor’s use of the Customer Data and the Shipping Data is governed by its Privacy Policies that are posted at https://csafeglobal.com/about-csafe/website-policies/. These policies may be updated by Lessor from time to time.
2.2. Feedback. Lessee may from time to time provide suggestions, comments or other feedback (“Feedback”) to Lessor with respect to the Services and/or Shipping Data. The parties agree that all Feedback is and will be given voluntarily. Lessee hereby grants to Lessor a royalty-free, non-exclusive, sublicensable, transferable, perpetual, irrevocable, worldwide right and license to use, disclose, reproduce, distribute or otherwise exploit the Feedback for any purpose.
2.3. Security. Lessor will use its best efforts to implement commercially reasonable (as determined by Lessor) security controls and measures directed to securing the Services, Customer Data and Shipping Data against accidental or unlawful loss, access or disclosure.
2.4. Modifications. Lessor may modify these T&C, or any policy or other terms referenced in here (each, an “Additional Policy”) at any time by posting a revised version of these T&C or such Additional Policy on its website at https://csafeglobal.com/about-csafe/website-policies/. Unless otherwise stated in the Additional Policy, any revised terms will become effective thirty (30) days after they are posted. Notwithstanding the foregoing, if Lessor provides a click-through or other means of accepting the revised terms, the revised terms will become effective upon Lessee’s acceptance. Continued use of the Services after the revised terms become effective constitutes acceptance by Lessee of such Additional Policies.
3. TERM; TERMINATION
3.1. Term. Lessor will continue to provide the Services to Lessee for so long as the MLA remains in force between the parties (the “Term”). In the event the MLA terminates or expires, these T&C will also terminate.
3.2. Effect of Termination. Upon termination, Lessee will cease all use of the Services and Lessor will no longer be obligated to provide the Services or any Shipping Data to Lessee. All amounts owed to Lessor will become due immediately upon the effective date of termination. Termination will not relieve Lessee of its obligations to make the payments required for the Services rendered or Shipping Data delivered through the date of termination.
3.3. Survival. Termination of the MLA and/or the Services will not discharge or relieve either party of any obligations and provisions that are intended to survive the termination of these T&C, including but not limited to Sections 1.3, 1.5, 2, 3.3, 6-8.
4. FEES AND PAYMENT
4.1. Fees. Unless otherwise stated, the fees for the use of the Services and Shipping Data are included in the Lease Charges paid by Lessee for use of the container as set forth in the MLA (“Fees”). Payment will be made as set forth in the MLA.
4.2. Suspension. Without prejudice to any other rights available to Lessor, Lessor reserves the right, in its sole and absolute discretion, to suspend the Services or delivery of any Shipping Data if Lessee has failed to make timely payments, including time to cure any late payments, of Fees. Upon payment of all outstanding Fees due, Lessor will resume the Services and provide the Shipping Data pursuant to the terms of these T&C.
5. WARRANTIES; DISCLAIMER
5.1. Authorization Warranty. You represent and warrant that: (i) the information you provide in connection with your registration for the Services is accurate and complete; (ii) if you are registering for the Services as an individual, that you are at least eighteen (18) years of age and have the legal capacity to enter into these T&C; and (iii) if you are registering for the Services as an entity or organization, that (a) you are duly authorized to do business in the country or countries where you operate; (b) the individual accepting these T&C and completing the registration for the Services meets the requirements of subsection (ii) above and is an authorized representative of your entity; and (c) any Users accessing the Services are duly authorized to access the Services on behalf of your entity and to legally bind you and your entity to these T&C and all transactions conducted under your account.
5.2. Disclaimer. LESSEE ACKNOWLEDGES AND AGREES THAT THE SERVICES AND THE SHIPPING DATA ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND LESSOR DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ALL, WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES OR SHIPPING DATA WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. LESSOR DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF HARMFUL COMPONENTS OR THAT THE CUSTOMER DATA AND SHIPPING DATA WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. LESSOR WILL NOT BE LIABLE FOR THE OPERATIONS OF ANY THIRD-PARTY MATERIALS.
6.1. By Lessee. Lessee will indemnify, defend and hold harmless Lessor, its officers, directors, employees and its third party licensors, from any loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with claims, demands, suits or proceedings (“Claims”) arising from or relating to (i) Lessee’s breach of the terms of these T&C; (ii) Lessee’s gross negligence or willful misconduct; or (iii) any claims that Lessor’s use of Customer Data or Shipping Data infringes upon or violates the rights of a third party, including intellectual property rights.
6.2. Process. Lessor will promptly give written notice of a Claim to Lessee (provided that any delay in giving such notice will not relieve Lessee of its obligations under this Section 6 except to the extent that such delay has compromised Lessee’s defense of the Claim). At Lessor’s sole option, Lessor may give Lessee sole control of the defense and settlement of the Claim, provided that Lessee must obtain Lessor’s consent (not to be unreasonably withheld or delayed) to any proposed settlement and that Lessor may, at any time, elect to take over control of the defense and settlement of the Claim.
7. LIMITATION OF LIABILITY
7.1. EXCEPT IN THE CASE OF LESSEE’S BREACH OF SECTION 1.3 OR SECTION 8 OR LESSEE’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 6, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES OR DATA AND THE LIKE, HOWEVER ARISING, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LESSOR’S TOTAL LIABILITY TO LESSEE EXCEED THE FEES PAID TO LESSOR BY LESSEE IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
7.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO LESSEE, AND LESSEE MAY HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS, LESSOR’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8.1. Nonuse; Nondisclosure. Lessee and its Users will not disclose the non-public information of Lessor or its business partners regarding the Services that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential (“Confidential Information”). Confidential Information includes, without limitation: (i) the Services, Third-Party Materials, manuals, program listings, data structures, functional specifications, future product and service development plans, price lists and the terms of these T&C; (ii) the concepts, techniques, ideas and know-how embodied and expressed in the Services; and (iii) all other information that could reasonably be considered confidential and/or proprietary including, without limitation, research, finances, methods, procedures and service information. Upon termination or expiration of the MLA or this Service, Lessee will erase, destroy or return all of the Confidential Information in its possession.
8.2. Exclusions. Confidential Information excludes information that Lessee can show through written, contemporaneous documentation: (i) is already known to Lessee at the time of receipt free of any obligation of non-disclosure; (ii) is or subsequently becomes publicly known through no wrongful act or omission of Lessee; (iii) is disclosed to or provided to Lessee by a third-party who has the legal right to make such disclosure; or (iv) has been independently developed by Lessee without reliance on any Confidential Information or otherwise in violation of these T&C. If Lessee is required by law to disclose Confidential Information, Lessee will, prior to making such disclosure, notify Lessor and reasonably cooperate with Lessor, at Lessor’s expense, to resist or limit the scope of the legally required disclosure.
8.3. Equitable Relief. Lessee acknowledges and agrees that due to the unique and proprietary nature of the Confidential Information, any breach of this Section 8 will cause irreparable harm to Lessor for which damages are not an adequate remedy, and, accordingly, Lessor will be entitled to seek equitable relief in addition to all other remedies available at law. Lessee agrees that no bond or other security will be required in obtaining any equitable relief.