2. Nothing herein shall in any manner limit, exclude or prejudice, or be construed as a waiver of, any right or freedom that Supplier may have under applicable law.
3. Customer acknowledges that Supplier may collect information about Customer and Third-party Users: (i) upon one’s opening of a User Account, creation or modification of a user profile, subscription to a Service Plan, change of Service Plan or modification of the billing information associated with a particular Workspace (the information collected includes such Customer Details and/or other information as entered or generated in the sign-up widow, on Customer’s personal profile page or the subscription pages); (ii) when they visit Supplier’s website (session information, browsing history at Supplier’s website, IP address, certain software and hardware attributes) or fill in forms via the Service (the information thus provided); (iii) when they access or use the Service (the location, manner, means and duration of such use or access); and (iv) when otherwise knowingly made available to Supplier (the information the data subjects provide). When visiting Supplier’s website, "cookies" are likely to be stored within the visitor’s device.
4. Customer agrees and warrants to Supplier that Third-party Users agree:
(i) to Supplier’s processing of Customer Details and such other information as referred to in section 4 (collectively, "User Data") for the purposes of (a) providing the Service, (b) improving or otherwise modifying the Service and notifying Customer thereof, (c) customising the content and/or layout of Supplier’s website for the particular visitor, (d) replying to Customer’s communications and contacting Customer, (e) performing Supplier’s obligations under the Agreement, (f) exercising and enforcing Supplier’s rights and freedoms, (g) statistics and other analyses;
(ii) that User Data may be processed in the country of their domicile as well as outside it (including, without limitation, the United States of America, the Swiss Confederation and the member states of the European Economic Area);
(iii) that Supplier will not disclose Customer Details to any third party besides the members of its corporate group, except when, to the extent and to persons (a) expressly allowed by Customer, (b) required by law, or (c) necessary in order to perform Supplier’s obligations under the Agreement or to exercise its legal rights or freedoms or defend against claims or other process.
5. Supplier represents that it has implemented and will continue to employ commercially reasonable measures to ensure that Customer Details are processed securely and in compliance with applicable law.
6. Supplier has no obligation to monitor or access customer accounts, but may do so in cases where such action is reasonably justified (e.g., in order to prevent illegal or harmful activity or to provide customer support or to perform a legal obligation it otherwise cannot perform).
7. Supplier shall not be considered a controller or processor (neither chief, responsible, authorised nor any other processor) of Workspace Data and has no obligation whatsoever in connection with any Workspace Data or the processing thereof. Pursuant to the Terms of Service, Workspace Data is deemed to be processed by registered Customers and any issue concerning such data or its processing should be taken up with the Customer designated as the administrator of the relevant Workspace.
8. Upon Customer’s request, Supplier will grant Customer access to, or, at Supplier’s option, provide Customer with a statement of, all Customer Details that Supplier maintains about Customer, unless such information is already available to Customer via the Service or Supplier is prohibited by law from disclosing such records. Customer is entitled to correct, or have corrected, any of their Customer Details that are incorrect or misleading. Registered Customers can access and correct their Customer Details through the Service by visiting "My Profile" page. Customer acknowledges that Workspace Data is not maintained by Supplier and that this section does not apply to any information considered to be Workspace Data.
9. In all cases where Supplier is allowed to disclose Customer Details to third parties, it will, as far as possible, take reasonable measures to ensure that the person to whom disclosure is made grants Customer rights that are substantially similar to those set forth herein with respect to the processing of such Customer Details (including the right to be informed about the data maintained on Customer and the right to correct or have corrected incorrect or misleading data).
10. If Customer chooses to opt in to Supplier’s mailing programme, Supplier may use their Customer Details to send them information about products, services, promotions and events which Supplier believes may be of interest to them. Customer’s subscription to any such mailing programme may be cancelled at will.
11. Supplier reserves the right to send registered Customers certain communications relating to the Service, such as (e.g.) service announcements and administrative messages, without offering Customer the opportunity to opt out of receiving them.
LAW AND JURISDICTION
CHANGE OF POLICY
Last revised: October 1, 2015