MatrixPlace Terms of Use and Privacy Policy

The intended purpose of this document is consolidate and to disclose the individual Terms of Use and Privacy Policies for Badger Maps, InsideView and Riva Cloud. These policies link to, or have been copied from each of the company’s separate published policies respectively. MatrixPlace is offering components of each of  these software companies in this agreement, so all of their corresponding terms and conditions and privacy policies are accepted and agreed to in full, and to be adhered to by any Purchaser of MatrixPlace’s software.

Last updated: November 22, 2016

Table of Contents:

1.A Badger Mapping | Terms of Use

1.B Badger Mapping | Privacy Policy

2.A InsideView | Terms of Use

2.B InsideView | Privacy Policy

3 Riva Cloud | Terms and Conditions - click here

 

Last updated: November, 2016

By using our software, products, services and website (“our services”), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be posted from time to time, including but not limited to any legal notices we may post (collectively, the “Terms”). By using our services you agree to be bound by these Terms. We may update the Terms in the future, and you will be able to find the most current version of the Terms here, with prior versions at http://badgermapping.com/priortou.html.

You agree not to share your user ID, nor will you allow any unauthorized individual or third party to use your user ID to access and use our services under any circumstances.

You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any portion of our services or any content associated with our services for any commercial purpose or for the benefit of any third party. Our services are provided for our customers’ internal business operations and you agree that you will not use our services or any output from the services, such as static map images, for any external use (including externally accessed web pages) or external party or entity.

You also agree not to, and not to allow third parties to use our services:

  • to harm or harass any individual or entity or threaten, violate, or encourage the violation of, the legal rights of others;
  • for any unlawful, invasive, infringing, defamatory, or fraudulent purpose;
  • to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
  • to disrupt or interfere with our provision of our services, the equipment used to provide our services, or impede the ability of others to use our services;
  • to adapt, modify, translate, reverse-engineer, decompile, disassemble or otherwise attempt to extract the source code of any aspect of our services (except to the extent applicable laws specifically prohibit this restriction);
  • to make or prepare any derivative work with respect to our services or any derivative work using content associated with the services, other than as expressly permitted by us;
  • to disable any licensing or control features associated with our services;
  • to upload or use any content in a way that infringes any patent, trademark, copyright, trade secret or other proprietary right of a third party;
  • in a manner that gives any party access to mass downloads or bulk feeds of any content, including but not limited to numerical latitude or longitude coordinates, imagery, visible map data, or places data (including business listings);
  • to post on any website or otherwise make available to the public any interactive maps;
  • or a component of our services, in a manner not authorized by us; or
  • to remove, modify, or obscure any of our brand features, links, or notices appearing in our services or other content.

In addition, your access and use of our services is subject to the Acceptable Use Policy of Google, Inc. (“Google”), located athttps://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html, Google’s Map Terms, located athttp://maps.google.com/help/terms_maps.html; and the additional restrictions set forth in Google’s Legal Notices page, located athttp://www.google.com/intl/en-us/help/legalnotices_maps.html, or such other URLs as Google may designate from time to time in each case. Your failure to comply with these Terms may result in suspension or termination, or both, of your right to use and access our services.

 

 

Last updated: December 1, 2012

This Privacy Policy explains how we collect, use and disclose your personal information. This Privacy Policy applies to your use of our website, which includes our subscription services (our “Service”) and our software (“Software”).

  1. Information we collect

We collect information in two ways:

  • Information you give us. For example, some of our Services require you to log-in and create an account. When you set-up an account, we’ll ask you for personal information (more fully defined below), like your name, email address, telephone number and your credit card number, if necessary.
  • Information we get from your use of our Services. We may collect information about the Services that you use and how you use them, like when you visit our website, this information includes:

o Device Information – we may collection device specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your account.

o Log information – when you use our Services or view content that we provide, we may automatically collect and store certain information in server logs. This may include details of how you used our Services, such as your search queries, Internet protocol address, and device event information such as crashes or other system activity.

o Location information – when you agree to use a location-enabled service, we may collect and process information about your exact location.

o Local storage – we may collect and store information locally on your device using mechanisms such as browser web storage and application data caches.

“Personal information” means information that specifically identifies you, including but not limited to your name, address, telephone number, email address and credit card information.

Cookies. In order to improve our Service and provide a more relevant experience to our users, we may collect information using “cookies.” Cookies are small data files stored on your hard drive by a website. We may use cookies to see which areas and features are popular and to count visits to our Service. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove and/or reject cookies. If we use cookies and you choose to remove or reject them, this could affect certain features of our Service.

Third Party Cookies. We may also allow third parties, such as Google, to use cookies on our Service. Such third party cookies are used to help recognize your log-in status and permit you to access third party features enabled through our Service and to evaluate and compile aggregated statistics about activity on our Service. You can usually choose to set your browser to remove and/or reject these cookies, but note that doing so could affect certain features of our Service.

Our Service may require you to use the most current version of the Software. The Software may automatically check to determine if you are using the most current version of the Software. During this process, an IP address identifying your computer, operating system version and the Software version may be collected via the Internet.

We may on occasion supplement the personal information you submit to us with information from third-party sources. For example, if permitted under applicable law, we may supplement the information you provide when you register for an account with address information provided by the U.S. Postal Service to verify your information and prevent errors in our database.

  1. How we use the information we collect

In general, we use personal information we collect for the purposes described in this Privacy Policy or otherwise disclosed to you through our Service. For example, we may use your information:

  • to provide and improve the Service and the Software; to send you a welcome email and contact you about your use of the Service or Software (e.g., for administrative and customer service purposes);
  • to process your requests or transactions and to send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages;
  • to provide you with information, products or services you request;
  • to track customer preferences and inform you about product upgrades, special offers and products and our services that we think will be of interest to you; to respond to your emails, submissions, feedback, bug reports, requests for new features, help requests or other comments, questions or complaints;
  • to monitor and analyze usage, trends and activities in connection with the Service and Software; and
  • to automatically determine if you are using the most current version of the Software and to send you email messages, and potentially a pop-up box or similar notification mechanisms to inform you if you need to upgrade in order to use the Service you have requested.
  1. Sharing of personal information

We do not share your personal information with third parties other than as follows:

  • when you give us your consent to do so, including if we notify you through the Service that the information you provide will be shared in a particular manner and you provide such information;
  • with third party vendors, consultants and service providers who perform functions on our behalf, but we limit their use of the information as is reasonably necessary to carry out their work;
  • when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with laws or respond to lawful requests, legal process or legal authorities;
  • when we believe in good faith that doing so is reasonably necessary or appropriate to protect our rights, property or safety or that of our employees, agents, users or others, including to enforce our agreements and policies or to enforce our Terms of Use including investigation of potential violations of our Terms of Use;
  • in extraordinary circumstances, such as to respond to an emergency or for reasons of national security, an urgent matter of public or individual safety or other issues of dire importance;
  • in connection with, or during negotiations of, a merger, consolidation, sale of our corporate assets or equity, financing, acquisition, corporate reorganization, strategic alliance or in any other similar situation where personal information may be transferred as one of our business assets;
  • if you post information to our bulletin board or blog (collectively, “Public Forums”), such information, along with your email address, will be publicly available to all persons accessing that Public Forum. We are not responsible for any information you submit to a Public Forum or the subsequent use of such information by third parties.

We may also share aggregated or other data that does not directly identify you.

  1. Your choices with respect to personal information

We may send information to you regarding our products, services and special offers or those of selected third parties, unless you have opted not to receive such communications or such communications are prohibited by law. If you do not wish to receive such email, regular mail or other messages, you may opt out at the time of registration or information collection by logging into your account settings and updating your contact preferences. Please note that even if you opt out of receiving email or other communications from us, we may find it necessary to continue to communicate with you regarding your use of the Service or the Software, such as messages related to transactions or services you have specifically requested, in response to any email from you to us, to notify you of updates or changes to our policies and procedures, or to otherwise provide you with information we believe is important to users. Our systems may require time to update, so your opt-out requests may not be updated immediately.

  1. Protection of your personal information

We take all reasonable measures to help protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction.

  1. Third party links

The Service may contain links to other websites at which personal information is collected. This Privacy Policy does not apply to linked sites and we are not responsible for the content or privacy and security practices of those sites. Any personal information you provide to a linked site is provided directly to a third party and is subject to such third party’s privacy policy. We encourage you to learn more about such third parties’ privacy and security practices and policies before providing them with any personal information.

  1. Changes in Privacy Policy

As the need arises, we may change this Privacy Policy at any time. We will provide notice of changes to our Privacy Policy by indicating on the Policy the date it was last updated and making the updated Privacy Policy available through our website. Your use of the Service or Software following the posting of the updated Privacy Policy constitutes your consent to all changes. We encourage you to review this Privacy Policy whenever you access or use our Service or Software to make sure you understand how personal information we collect may be used or disclosed.

  1. Contacting Us

If you have any questions or comments about this Privacy Policy or our practices relating to the Service or Software, or if you believe we have not complied with this Privacy Policy, please contact us at support@badgermapping.com.

 

These terms and conditions (“Terms of Use”) govern use of the InsideView’s Services provided to you and / or the business you represent (together “You” and “Your”) by InsideView Technologies, Inc. (“InsideView”) through the InsideView website at: http://my.InsideView.com/ (the “Site”), or other means. BY ACCESSING AND USING THE SERVICES AND/OR CLICKING AN ACCEPTANCE BOX YOU ARE INDICATING YOUR ACCEPTANCE TO THESE TERMS OF USE AND ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

  1. DEFINITIONS.

1.1. “Content” means all materials displayed or provided by InsideView via the Services including, but not limited to information, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips. Content excludes Customer Data.

1.2. “Customer Data” means proprietary data, documentation, information or materials provided by You to InsideView in connection with the Services. Customer Data excludes the Content.

1.3. “Enhanced Records” means Your Records to which InsideView Content has been added.

1.4. “Order” means a separate online or written ordering document provided by InsideView, e.g., the InsideView Order Form, or other order form in substantially similar format approved by InsideView, describing the type of Service, Subscription Term (defined below), pricing, and any restrictions other information about the Services provided by InsideView. Each Order shall be effective when signed or electronically authorized by You and InsideView.

1.5. “Professional Service(s)” means training, integration, provisioning or custom services InsideView may perform for You pursuant to an Order or a statement of work (“SOW”) subject to these Terms of Use.

1.6. “Records” means a group of fields provided by You that store information about Your business. Information You provide as part of a Record will be treated as Customer Data and is Your Confidential Information.

1.7. “Seat” means a license for a single individual to use the Subscription Services. Seats are assigned to named individual users authorized by You to Use the Subscription Services and who have been supplied user identifications and passwords by You or by InsideView on Your behalf. You shall assign Seats to users who are Your employees, consultants, contractors and agents provided that You are responsible for their usage and may reassign Seats as required by your reasonable business requirements (e.g. reassigning seats of terminated employees). The maximum number of Seats you may Use and assign is specified in the Order and the number of Seats purchased may not be decreased during the Subscription Term.

1.8. “Services” means Subscription Services or Professional Services.

1.9. “Subscription Services” means the proprietary Content, data, information, products, services, online or offline applications provided by InsideView via the Site or other internet-enabled mechanism as specified in the Order.

1.10. “Use” means to access, provide information to or retrieve information from, visit or view the Subscription Services.

  1. SERVICES.

2.1. Subject to Your payment of applicable Fees and compliance with the terms and conditions of these Terms of Use, You may Use the Subscription Services, solely for Your own internal business purposes (and not for the use or benefit of any third party) and subject to the quantities specified and any terms and restrictions in Your Order.

2.2. Enhancements. InsideView may make modifications including periodic upgrades or enhancements and changes to the Subscription Services at any time without notice to You. InsideView reserves the right to discontinue offering the Subscription Services to You at the end of Your Subscription Term.

2.3. Third Party Services. The Subscription Services may be linked to third party sites or applications (“Third Party Services”). InsideView does not endorse, warrant, or control such Third Party Services, and is not responsible for the legality, quality, accuracy, integrity, fitness, reliability, or availability of any Third Party Services You purchase or connect to, or any descriptions or promises related to the foregoing. Your agreement to use such Third Party Services is solely between You and such third party provider. If You enable Third Party Services for use with the Services or access the Subscription Services from the Third Party Services, You acknowledge InsideView may access and use basic account information solely as required for provisioning of such Third Party Services with the Subscription Services, including providing Customer Data to such Third Party Apps. If You do not want to permit the exchange of Customer Data or account information with Third Party Apps, You may prohibit or restrict such access by not enabling such Third Party Apps for use with the Subscription Services.

2.4. Use of Customer Data and Its Use. You are solely responsible for the collection, selection, arrangement, accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data. Subject to the terms and conditions of these Terms of Use, including InsideView’s confidentiality obligations, You hereby grant InsideView a non-exclusive, royalty-free, worldwide license to Use the Customer Data as may be necessary for InsideView to provide the Subscription Services to You. You understand that such license is necessary to provide the Subscription Services and any limitation or restriction of such license may preclude InsideView’s ability to provide the Subscription Services. InsideView hereby agrees to access and use your Customer Data solely to provide the Subscription Services to You and subject to these Terms of Use.

2.5. Corrections to Content. To the extent You provide InsideView with corrections to Content, InsideView shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Content, any such corrections.

2.6. General Obligations For Data. InsideView’s privacy policy can be found at http://www.insideview.com/privacy-policy and, together with this Agreement, as it relates to subscribers, states the complete terms and conditions applicable to InsideView’s use of Your personally-identifiable information.

  1. TERM.

Your subscription to the Services will start on the date specified in and continue for the duration specified in Your Order Form (the “Subscription Term”). The Subscription Term will automatically renew for additional Subscription Terms of the same duration unless either party provides notice of its intention not to renew at least thirty (30) days prior to expiration of the then-current Subscription Term. The initial and each renewal Subscription Term is subject to and contingent upon the payment of the applicable fees, if any, due 30 days prior to the start of the Subscription Term, (or other period as set forth on the Order). InsideView reserves the right to change the applicable fees or charges and to institute new charges and fees at the end of the initial Subscription Term or then current renewal Subscription Term upon 60 days prior notice to You, (which may be sent by email). Notification of non-renewal for monthly online orders may be given on or before each monthly billing cycle anniversary date.

  1. FEES AND PAYMENT.

4.1. You shall pay to InsideView the applicable fees for the Services. Fees are due and payable as of the Effective Date or in accordance with the Order. If You provide credit card information to InsideView, You authorize InsideView to transmit customer identifying information in order to bill such credit card, at the time You order any Services as set forth in the Order and, at the time of any renewal, for the amount charged for any renewal Subscription Term(s). Payments other than by credit card will be invoiced by InsideView due and payable thirty (30) days from the Effective Date or as otherwise agreed by the parties in the Order. Delinquent undisputed invoices are subject to late payment fees equivalent to 1.5% of the overdue balance per month (or the maximum permitted by law, whichever is lower), plus any expenses associated with collections. Payments must be made in US dollars, or other currency listed in the Order. Fees are exclusive of all taxes, levies, and duties imposed by taxing authorities, and You are responsible for all such taxes, excluding taxes based solely on InsideView’s income. Except as provided herein, all Fees paid are non-refundable. Any billing disputes must be reported to InsideView in writing within 60 days of the date of the invoice. If Your account is 30 days or more past due (except with respect to fees or charges for which there is a reasonable and good faith dispute), this shall be a material breach, and InsideView reserves the right to suspend the Services without liability until such amounts are paid in full, in addition to any of its other rights or remedies.

4.2. Additional Seats/Enhanced Records. If and when you purchase additional Seats or Enhanced Records, You will be invoiced for such additional Seats or Enhanced Records, which will be prorated for the balance of the then-current Subscription Term. The Subscription Term of the additional Seats or Enhanced Records shall be coterminous with the expiration of the Subscription Term in effect at the time the additional Seats or Enhanced Records are added.

  1. YOUR RESPONSIBILITIES.

You are responsible for all activity occurring under Your user accounts. You will: (i) maintain the accuracy, completeness, and timeliness (within 30 days of any change) of the information You provide in Your account registration and information You provide on Your users; (ii) purchase a sufficient number of Seats for your usage, e.g., assigning and using only one Seat per person (You shall not use or share a Seat among multiple users); and (iii) notify InsideView promptly of any unauthorized use of any password or account or any other known or suspected breach of security. You are responsible for obtaining, maintaining, and supporting all internet access, computer hardware, and other equipment and services needed for Your Use of the Services. The Services may not be exported or re-exported directly or indirectly in violation of any applicable export laws; or used for any purposes prohibited by law.

  1. RESTRICTIONS.

You agree not to: (i) use the Services except as expressly authorized in these Terms of Use; (ii) copy, modify, or create derivative works based on the Services; (iii) use any device, software, or routine that (a) interferes with any application, function, or use of the Services, or (b) is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication; (iv) access for purposes of monitoring the availability, performance, or security of the Services without InsideView consent; (v) frame or mirror the Site or Services in an unauthorized manner; (vi) decompile, disassemble or reverse-engineer the underlying software that is part of the Services or otherwise attempt to derive its source code; (vii) use the Services either directly or indirectly to support any illegal activity; (viii) access the Services in order to build a competitive service or product; (ix) resell, sublicense, time-share, or otherwise share the Services with any third party; (x) distribute the Content to third parties; (xi) use the Services or Content for the purpose of compiling, supplementing or amending any mailing list, business directory, or like compilation of information that is distributed to a third party; (xiii) use the Services or Content to market products or services of any kind to individual consumers; (xiii) use the Services or Content in evaluating any consumer with respect to credit worthiness, a financial, insurance or employment decision, or with respect to eligibility for any government-granted license or benefit (xiv) authorize any third parties to do any of the above.

  1. CONFIDENTIALITY.

7.1. As used herein, “Confidential Information” means all confidential and proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement (including pricing and other terms reflected in all Order Forms hereunder), Customer Data, the Services, Content, business and marketing plans, technology and technical information, product designs, and business processes. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party’s prior written permission.

7.2. The obligation of nondisclosure set forth herein shall not apply to any Confidential Information (except Customer Data) that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party including; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; (iv) is received from a third party without breach of any obligation owed to the Disclosing Party; nor shall the obligations of confidentiality apply to any information that You, or Your users post on third party websites including through the Services. The obligation of non-disclosure shall not apply when the Receiving Party is required to disclose by applicable law, rule or regulation of any court or government agency of competent jurisdiction, or pursuant to legal process; provided that the Receiving Party gives Disclosing Party prompt written notice of the requirement to disclose, reasonable assistance in the opposing or limiting of such disclosure and limits such disclosure to that portion of the information strictly required by such court, government agency or legal process.

  1. PROPRIETARY RIGHTS.

8.1. InsideView and/or its licensors own all worldwide right, title and interest in and to the Services and the Content, in any form, format, forum, medium, means, or method now known or hereafter developed, including all related intellectual property rights throughout the world, and any suggestions, ideas, enhancement requests, feedback, recommendations that may be provided by You or any of Your users relating to the Services and the Content. You may not delete or in any manner alter the copyright, trademark, and other proprietary rights notices appearing on the Content or the Services. You agree to abide by all access and use restrictions contained in any Content made available through the Subscription Services.

8.2. As between InsideView and You, You exclusively own all rights, title and interest in and to all Customer Data.

8.3. License To Content. InsideView hereby grants You a worldwide license to use, copy, and modify the Content You access or are provided as part of the Subscription Services, for Your internal business purposes and not for resale or distribution, subject to the terms of this Agreement and the Order. All other rights in the Content are reserved by InsideView.

  1. TERMINATION.

9.1. Either party may terminate this Agreement for cause upon 30 days written notice if the other party breaches any material provision of these Terms of Use and does not cure such breach prior by the end of such thirty (30) day period.

9.2. InsideView may immediately suspend access to the Services if InsideView reasonably determines that Your actions are materially interfering with, causing substantive harm to, or disrupting the Services or are causing material legal liability to InsideView, its licensors or other customers. In the event that InsideView suspends Your access to the Services, InsideView will use commercially reasonable efforts to provide prior notice to You and resolve the issues causing the suspension of Services. You agree that InsideView shall not be liable to You or to any other third party for any suspension of the Services pursuant to this Section 9.2.

9.3. Further, with respect to the Free version of the Services, either party may terminate an Order under this Agreement for convenience at any time.

9.4. Effects Of Termination. Upon any expiration or termination of the Subscription Term or the Agreement, the rights and licenses granted hereunder will automatically terminate, and You may not continue to use the Services. Upon termination by You for InsideView’s material uncured breach, InsideView will refund You any unused prepaid Fees for the remainder of the Subscription Term for all effected Orders. Upon termination by InsideView for Your material uncured breach, You will pay the full value of the Fees owed for the remainder of the Subscription Term for all effected Orders. Termination shall not relieve You of the obligation to pay any Fees accrued or payable to InsideView under these Terms of Use or the applicable Order after the date of termination, except where You have terminated due to InsideView’s uncured material breach. The provisions of Sections 4 through 13 will survive termination. InsideView is under no obligation to retain Customer Data on termination.

  1. WARRANTY, DISCLAIMER.

10.1. Professional Services. InsideView hereby represents and warrants it will provide the Professional Services in a professional, workmanlike manner.

10.2. Subscription Services. InsideView is not responsible for damages suffered by users for their actions taken in reliance on InsideView supplied Content, including losses for purchases or sales of any securities or investments or delays in removing, inaccurate, unlawful or otherwise objectionable information. Except as expressly provided, InsideView is not responsible or liable for the accuracy, completeness, reliability, or availability of the Subscription Services or Content displayed via the Services. You assume sole responsibility and liability for Your use of the Subscription Services, including, without limitation, any Content that is accessed therein.

10.3. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1 ABOVE, THE SERVICES AND ALL CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY INSIDEVIEW TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.4. You hereby represent and warrant that You will use the Subscription Services within the scope of these Terms of Use and that You have obtained all necessary consents, and have sufficient, right, title or authority to provide InsideView with copies of or access to any Customer Data which You have divulged, transmitted or disclosed to InsideView under these Terms of Use and that you will use any Content provided to You in accord with all applicable laws.

  1. INDEMNITY.

11.1. InsideView will defend You against a claim that the Services, as provided by InsideView and used within the scope of these Terms of Use, infringe any third party’s U.S. copyright or trademark rights (“Covered Claim”) and indemnify you against any damages, costs or attorneys fees awarded by a court of final appeal or settlements to which InsideView consents arising out of a Covered Claim. InsideView’s indemnity obligation shall not apply with respect to a claims arising out of (i) Your Use or supply of unauthorized or infringing Customer Data (ii) any modification or alteration of the Services or Content (other than by InsideView), (iii) Your violation of applicable law or (iv) materials furnished by You.

11.2. You will defend InsideView and its licensors against a third party claim: (i) that the Customer Data, or Your use of Content in violation of this Agreement, infringes any third party’s U.S. copyright or trademark rights or has otherwise harmed a third party or violates applicable law; (ii) arising from Your breach of section 10.4, or Your unlawful redistribution of Content, or Services, and You will indemnify InsideView against any associated damages, liability or costs, or attorney’s fees awarded by a court of final appeal or settlements to which You consent. Your indemnity obligation shall not apply with respect to a claims caused by InsideView’s violation of applicable law.

11.3. A party’s obligation to indemnify the other party is contingent upon: (i) the indemnified party promptly notifying the indemnifying party in writing of the claim; (ii) the indemnifying party having sole control of the defense and of any negotiations for its settlement; and (iii) the indemnified party providing the indemnifying party with reasonable assistance, information, and authority necessary to perform the above.

  1. LIMITATION OF LIABILITY.

12.1. IN NO EVENT SHALL INSIDEVIEW OR ITS LICENSOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.

12.2. IN NO EVENT SHALL INSIDEVIEW OR ITS LICENSORS HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. GENERAL.

13.1. These Terms of Use are intended for the sole and exclusive benefit of the parties and are not intended to benefit any third party. If any provision is deemed unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.

13.2. Assignment. These Terms of Use are not assignable in whole or in part by either party except with the other party’s prior written consent, except that either party may assign without consent: (i) to an affiliate or (ii) to a successor in the event of a merger, corporate reorganization, or acquisition involving all or substantially all of a party’s assets. Any purported assignment in violation of this Agreement shall be null and void.

13.3. Agency, Compliance with Law. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use. Each party must abide by all applicable laws and regulations in connection with the Services and these Terms of Use. All notices required hereunder will be in writing and are deemed given when received/delivered.

13.4. Choice of Law. These Terms of Use shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Venue for any dispute shall be the state and federal courts located in San Francisco County, California which shall have exclusive jurisdiction to adjudicate disputes arising out of this Agreement. In the event that any legal action, including arbitration, is required to enforce or interpret any of the provisions of this Agreement, the prevailing party in such action shall recover all reasonable costs and expenses, including attorney’s fees, incurred in connection therewith.

13.5. Trademarks. All trademarks are the property of their owners; no endorsements are indicated.

13.6. Modification. To the maximum extent permitted under law, InsideView reserves the right to modify the terms and conditions of these Terms of Use at any time, effective upon the posting of an updated version of these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Continued use of the Services after any such changes shall constitute Your consent to such changes.

13.7. Complete Understanding. These Terms of Use (along with any applicable Order) are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use. To the extent of any conflict or inconsistency between the provisions in the body of these Terms of Use and any Order, the terms of such Order shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Your purchase order or in any other customer order documentation (except an Order) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.

13.8. Waiver. The failure of either party at any time to require performance of the other party of any provision of these Terms of Use shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of these Terms of Use be taken or held to be a waiver of any further breach of the same provision.

Effective date: March 11, 2014

 

This policy is effective as of March 18, 2014.

Your privacy is very important to InsideViewTM. This Privacy Policy was prepared because we believe you should know as much as possible about InsideView’s practices. It describes the information we collect on, or make available through, insideview.com(the “Site”), what may happen to that information, the security measures that we use, your rights with respect to your information stored or displayed in or through the InsideView Service and collected in connection with your use of the Service or the development of our Database and Service.

If you have questions or concerns regarding this Privacy Policy, you are welcome to contact us as provided in the Contacting Us section of this Privacy Policy or by visiting our Website at http://www.insideview.com/contact-us.

InsideView has been awarded TRUSTe’s Privacy Seal signifying that this Privacy Policy and InsideView’s practices have been reviewed by TRUSTe for compliance with TRUSTe’s program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program covers the site insideview.com. TRUSTe’s mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at privacy@insideview.com. If you are not satisfied with our response you can contactTRUSTe here and if necessary initiate TRUSTe’s dispute resolution process.

Any capitalized terms not defined in this Privacy Policy are defined in the Terms of Use http://www.insideview.com/terms-use.

Table of Contents

  1.    Information We Collect for Our Database
  2.    Information We Collect From Our Subscribers and Visitors
  3.    Our Use and Disclosure of Subscriber Information
  4.    Opting Out, Accessing, Correcting and Updating Information
  5.    Security
  6.    Single Sign On
  7.    Safe Harbor Statement
  8.    International Transfers
  9.    Notification of Changes to the Privacy Policy
  10.  Contacting Us
  11.  Special Terms Applying to Profiles

1) Information We Collect for Our Database

Information We Collect

InsideView develops and maintains a database (the “Database”) of company and individual profiles (“Profiles”).

Information collected for the development of an individual Profile and/or published in an individual Profile on the InsideView Service may include: name, title, company, current position, prior position, salary, publications, articles by, about, or quoting an individual, links to social media postings by or about the individual, professional contact information and similar information.

Information collected for the development of a company Profile and/or published in a company Profile on InsideView may include: the name and title of the company’s officers and certain company employees, information obtained from the company or published by third parties.

Our Sources of Information

InsideView collects information about individuals and companies from a variety of publicly available and other sources, such as company websites, company blogs, non-confidential corporate records or reports (for example, SEC filings), press releases, news articles, magazines, social media sites, and other content published by or on behalf a company or published by data brokers or third parties in accordance with their terms and conditions for the collection, disclosure and sharing of information.

InsideView also collects information about individuals and companies from government publications in accordance with their terms and conditions for the disclosure and sharing of information.

InsideView may also receive some Information directly from the individual or company whose Profile is featured in our Database.

Finally, subscribers and other third parties who know facts about a particular individual or company may contribute some information to our Database about that individual (name, title, email, phone, social profile link (Facebook and Twitter)) or company (name, URL, address, phone, industry, revenue, employee count) if they desire.

How We Use the Information We Collect

This information collected as described above is then compiled, edited and organized through InsideView’s unique proprietary CRM Intelligence application in order to create a Profile for each individual or company

Each individual or company Profile is integrated into the InsideView Database, which is part of the InsideView Service. Subscribers of the InsideView Service have access to the Database and the Profiles and, as such, may conduct searches and save the identified Profiles meeting their search criteria for their own internal purposes. Subscribers may also contact individuals or companies using the contact information contained in Profiles. For example, an InsideView subscriber may use the InsideView Database in order to identify the specific individual who may be a decision maker in a company, and then contact the individual in order to offer goods or services for sale to the company.

Limited access to the InsideView Database is provided at no cost, whereas full access to the Database is subject to the payment of a subscription fee.

2) Information We Collect From Our Subscribers and Visitors

Information Our Subscribers Provide About Themselves or Their Business

Our primary goal in collecting personal information from subscribers of the InsideView Service is to provide them with a smooth and efficient experience while communicating with us and using InsideView. This allows us to provide customized services and features that are most likely to meet subscribers’ needs and that make their experience easier and quicker.

When an individual expresses an interest in obtaining information about InsideView or registering to use the Service, InsideView requires the individual to provide us with contact information such as name, company name, address, phone number, and email address. InsideView may then use the contact information provided to reach the individual via email or phone.

When a subscriber purchases services, InsideView may require the subscriber to provide financial qualification and billing information, such as billing name and address, payment/credit card number, and the number of employees within the organization that will be using the Service. InsideView may also ask for additional information, such as company annual revenues, number of employees, or industry.

Payment Card Information

InsideView does not retain payment or credit card numbers. This information is passed on immediately to our payment card processing service, which is required to use this information only for the processing of each specific transaction.

Once registered for the Service, a subscriber is able to add companies to his or her watch lists and automated search agents. We will retrieve and share information of interest to a subscriber, such as noteworthy events, address, phone number, and names of contacts on the companies that the subscriber wishes to watch.

Information Our Subscribers may Provide for the Lead Referral Program

If a subscriber chooses to use our lead referral service to refer a third party to our site, the subscriber must first ensure that his/her business partner has agreed to share their contact or other information with us. In this case, we will ask for the third party’s contact name, email address and phone number. We will use this information to contact the third party (example, via a one-time email or phone call) about becoming a subscriber of InsideView. InsideView stores this information for the sole purpose of following up on the lead and tracking the success of our referral program.

The third party may contact us to request that we remove his/her/its information from our lead referral contact list. See the Contacting Us section of this Policy for contact details or visit our website at http://www.insideview.com/contact-us.

Usage Data We Gather

We also receive and store certain types of information whenever an individual (subscriber or visitor) interacts with our Site. InsideView automatically receives and records information on its server logs from the individual’s browser including the individual’s IP address, browser type, date/time stamp, InsideView cookie information, the page(s) that the individual requested, and the referring/exit pages.

Cookies

Cookies are small amounts of data sent to an individual’s browser from the InsideView Web servers and stored on the individual’s hard drive. InsideView uses cookies to deliver content specific to the individual’s interests and to keep track of user names and passwords during user sessions. If an individual chooses not to accept cookies, his or her ability to use InsideView might be limited. We do not link the information we store in cookies to any personal information.

Generally, our Service automatically collects usage information, such as the numbers and frequency of visitors to our Site and its components, similar to TV ratings that indicate how many people watched a particular show

Our Site also contains third party cookies and other tracking technologies. The use of cookies or other tracking technologies by our tracking utility companies is not covered by our privacy policy. We do not have access or control over these cookies. Our third party tracking utility companies use session ID cookies to make it easier to track how many times individuals have visited a certain page on the site.

Our third party tracking utility companies employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), which they use in combination with their cookies. These beacons help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. The use of clear gifs by our tracking utility company is not covered by our privacy policy. We do not tie the information gathered by clear gifs to our subscribers’ personal information.

Correspondence

If an individual corresponds with InsideView via email, or other method regarding his or her activities or postings on the Site, InsideView will treat that email or other correspondence as ordinary business correspondence and will retain it according to its standard corporate information retention policies.

3) Our Use and Disclosure of Subscriber Information

Except as set forth in this Policy or under express permission from the subscriber, at no time will we share the personal information that subscribers submit for InsideView access with anyone, including other subscribers.

Subscriber’s Permission

When subscribers provide us with personal information to include in a published individual Profile about the subscriber or any information to include in a published company Profile, the subscriber gives us permission to use and disclose that information for the purpose of providing the InsideView Service as described above.

Subscribers’ Information

We use information we maintain about subscribers and other information we obtain from our subscriber’s current and past activities on the Site: (1) to perform the InsideView services requested, including emailing administrative and service notifications; (2) for marketing purposes (such as contacting subscribers to discuss interest in InsideView, and sending promotional communications or other information regarding InsideView and its partners, that may be customized based on usage patterns; (3) to check financial qualifications or collect payment; (4) to operate and improve the Site, including using aggregated Site usage data to understand utilization and improve the Service; (5) to resolve disputes; (6) to troubleshoot problems and enforce our Terms of Use; and (7) to allow subscribers to post comments within the blog section of the Site as well as submit testimonials and allow us to post these statements and testimonials along with the subscriber’s name on the Site.

Subscribers should be aware that any information provided in these areas may be read, collected and used by others who access them.

Subscribers may contact us to request removal of personal information from our blog or testimonials. See the Contacting Us section of this policy for contact details. As a subscriber, in some cases we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

IP Addresses

InsideView uses IP addresses to help diagnose problems with our servers and to administer the Site. Generally, IP addresses tell us the location from which a person is connecting to us, what service provider the person is using, and which parts of the Site the User is visiting. We reserve the right to track IP addresses for the purposes of fraud prevention, and we reserve the right to release IP addresses to legal authorities.

Behavioral Targeting / Re-targeting

We partner with a third party ad network to either display advertising on our Web site or to manage our advertising on other sites.  Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Web sites to provide you targeted advertising based upon your interests.  If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking Here.  Please note this does not opt you out of being served advertising.  You will continue to receive generic ads.

NOTE:  Participant may also link to the NAI opt-out mechanism http://www.networkadvertising.org/managing/opt_out.asp

To whom we may Disclose Information

InsideView may need or be required by law or legal process to disclose information about visitors, subscribers or Profiles to third parties. This includes: (a) to actual or potential parties to a lawsuit that InsideView is or may become involved in as required by law and when we believe that disclosure is necessary to protect our rights; (b) to comply with a facially valid judicial or governmental subpoena, warrant, or other order or legal process served on InsideView by a court or a government institution that has asserted its lawful authority to obtain the information; (c) if InsideView reasonably believes that such disclosures will potentially mitigate its liability; or (d) to enforce or defend its rights or any of its policies (such as the Terms of Use Agreement).

Disclosure to Service Providers

InsideView may engage third parties to perform necessary business functions on its behalf, such as outside contractors or service providers (e.g. hosting company, consultants) for example, in connection with communications to users, payment processing and other aspects of Site operations. If it is necessary to perform their functions, these third parties may have access to Individual or Company information or Profiles. These third parties are required not to use any information or Profile for any purpose other than to provide services to InsideView. They are also required to protect the information and Profiles with adequate reasonable security measures.

Transfer to Acquirer or Successor entity

Finally, if InsideView sells a substantial portion of its assets or is acquired, reorganized, merged into another entity, goes out of business or enters bankruptcy, it is likely that subscriber, Profile and other business information (including the InsideView Database) will be one of the business assets transferred in connection with such a transaction. You acknowledge that such transfers may occur and that any acquirer or successor of InsideView or its assets may continue to use your personal information as set forth in this Policy. You will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Outbound Links

InsideView contains links for subscribers to access other sites. InsideView is not responsible for the privacy practices or the content of such Web sites. We encourage subscribers to review the policies of these sites.

Social Media Features

Our Web site includes Social Media Features, such as the Facebook Like button and hosted apps that launch the social media sites. These Features may collect your IP address and which page you are visiting on our site and may set a cookie in order to enable the Feature to function properly. Your interactions with these Features are governed by the privacy policy of the company providing it.

4) Opting Out, Accessing, Correcting, Updating, and Removing Information

Additions, Corrections – Individuals

Any individual has the right to obtain access to the Profile and Information that we hold about him or her.

If the individual determines that the Profile is incomplete or that factual information about him or her or the company is incorrect (e.g., wrong college degree), he or she may propose an addition or correction. We will accept and implement the proposed addition or correction upon receiving adequate proof of the authenticity and accuracy of the supplied information and if the supplied information meets our selection criteria and internal policies regarding information collected for the creation of Profiles.

To request access, addition or correction of your Profile information, please contact us as indicated in the Contacting Us section below, or visit our website at http://www.insideview.com/contact-us. We will respond promptly in accordance with our internal policies on access, addition or correction to Profiles and sources of information.

Additions, Corrections – Subscribers

Subscribers may update or change their registration information (and their Profile) by editing their user or organization record. To update a user Profile, please click on “My Profile” or email us at support@insideview.com if you require any assistance.

Opting Out – Individuals

An individual has the right to request that InsideView unpublish, remove, or make unavailable to third parties any information about him or her from the InsideView Databases or disconnect a link to another site. We will respond promptly in accordance with our internal policies on access to Profiles.

To request that InsideView unpublish your Profile or remove a link, please contact us as indicated in the Contacting Us section below or visit our website at http://www.insideview.com/contact-us.

Please note that while access by general subscriber population will be discontinued, we may retain and use some or all Profile information as necessary for the management of our Database (for example, to identify your name and profile as blocked from publication) or to comply with our legal obligations, resolve disputes and enforce our agreements.

Opting Out – Subscribers

Subscribers may opt-out of receiving promotional communications by contacting us at support@insideview.com. Subscribers of our Free services agree to receive our promotional communications while continuing to use such Services at no cost. Free Service subscribers electing to unsubscribe from receiving our promotional communications, will no longer be able to access our Free Service.

Individual subscribers designated as “administrators” may not opt out of receiving administrative notices, which are not promotional in nature.

If you wish to cancel your account or request that we no longer use your information to provide you with services contact us atsupport@insideview.com.

Companies

The authorized representative of a corporation or other business or entity (other than a natural person) may obtain access to the Company’s Profile and be informed about the source of the information used to create that Profile.

If an authorized corporate representative determines that the Profile of the entity is incomplete or factual information about the company is incorrect, he/she may propose an addition or correction or deletion. We will accept and implement the proposed addition or correction or deletion upon receiving adequate proof of the authority of the individual to request a correction or deletion on behalf of the entity and proof of the authenticity and accuracy of the supplied information and given the supplied information meets our selection criteria and internal policies regarding information collected for the creation of Profiles.

5) Security

InsideView uses industry standard security measures to protect the loss, misuse, and unauthorized access, disclosure, alteration and destruction of the information under our control. We have taken measures to protect personal information once it is received by or available through the Site, including but not limited to the following: limited and controlled access by employees, servers and data stored in a secured location, security software and hardware (such as firewalls, encryption, Secure Socket Layers) where appropriate and cost effective.

User passwords are used to secure access to the InsideView Service and subscriber information. We encrypt the transmission of user IDs and passwords using Secure Socket Layers (SSL).

As a subscriber, you may choose to have InsideView remember you on your computer; InsideView will automatically log you in by storing your user ID (but not your password) in a cookie in your browser. Our login page provides a service for subscribers to obtain a new password in case they forget their password.

When subscribers enter sensitive information (such as payment/credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

While we do our best to implement reasonable security measures, we do not guarantee that our safeguards will always work. InsideView will not be liable for unauthorized disclosure of Profile or other information that occurs through no fault of InsideView, including, but not limited to, error in transmission, misuse of a subscriber’s password and login credentials, a subscriber’s failure to comply with its security obligations, and the unauthorized acts of InsideView’s employees. Transmissions protected by industry standard technology and administered by humans cannot be guaranteed to be secure.

6) Single Sign On

You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form.

7) Safe Harbor Statement

InsideView has certified that it abides by the Safe Harbor privacy principles as set forth by the U.S. Department of Commerce regarding the collection, storage, use, transfer and other processing of personal information transferred from the European Economic Area (“EEA”) or Switzerland to the U.S. InsideView’s Safe Harbor certification can be found on the U.S. Department of Commence Safe Harbor List. For more information about the Safe Harbor principles, please visit http://www.export.gov/safeharbor. InsideView will take steps to remedy any problem arising out of a failure to comply with the Safe Harbor principles. InsideView may not be required, however, to take any action contrary to applicable law.

8) International Transfers

Personal information held in the InsideView Database may be transferred, stored, maintained, and processed in the United States or in other countries where we have facilities or where we have engaged a service provider. This storage, maintenance or processing will be performed under privacy and security laws and standards that may not be as protective as those in your jurisdiction. If you have any concern about the above, you can have your Profile removed or unpublished from our Databases as explained above.

9) Notification of Changes to the Privacy Policy

If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy so individuals are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If however, we are going to use individual personal information in a manner different from that stated at the time of collection, we will notify you by email (sent to the email address specified in your account) or by posting a notice on our Site, or comply with other procedures as required by applicable laws, prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy policy practices.

10) Contacting Us

If you have questions or concerns regarding this statement, you should first contact InsideView by sending email to privacy@insideview.com, or by mail to:

InsideView

Attn: Privacy Officer

444 De Haro Street, Suite 210

San Francisco, CA 94107

If you are not satisfied with our response you can contact TRUSTe here and if necessary initiate TRUSTe’s dispute resolution process.

11) Special Terms Applying to Profiles

INSIDEVIEW IS NOT RESPONSIBLE OR LIABLE TO ANY INDIVIDUAL OR COMPANY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OF THE PROFILE INFORMATION OF THAT INDIVIDUAL OR COMPANY.

PROFILE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL INSIDEVIEW OR ITS LICENSORS HAVE ANY LIABILITY TO ANY INDIVIDUAL OR COMPANY FOR ANY DAMAGES OF ANY FORM HOWEVER CAUSED UNDER ANY OTHER THEORY OF LIABILITY, WITH RESPECT TO THE CONTENT, USE, AVAILABILITY, OR UNAVAILABILITY, OF THE PROFILE INFORMATION OF THAT INDIVIDUAL, OR FOR ANY OTHER REASON. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

InsideView operates in the State of California. Its practices with respect to the handling of Profile or Personal Information are governed by the laws of the State of California, except for its conflicts of law principles, and will be subject to the sole and exclusive jurisdiction and venue of the courts seated in San Francisco, California, USA.