Last updated January 01, 2020
Thank you for choosing to be part of our community at MSUITE corporation (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at email@example.com.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE YOUR INFORMATION?
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
5. DO WE USE GOOGLE MAPS?
6. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
7. HOW LONG DO WE KEEP YOUR INFORMATION?
8. HOW DO WE KEEP YOUR INFORMATION SAFE?
9. DO WE COLLECT INFORMATION FROM MINORS?
10. WHAT ARE YOUR PRIVACY RIGHTS?
11. CONTROLS FOR DO-NOT-TRACK FEATURES
12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
13. DO WE MAKE UPDATES TO THIS POLICY?
14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when registering at the Services or Apps, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or Apps (such as posting messages in our online forums or entering competitions, contests or giveaways) or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Services or Apps, the choices you make and the products and features you use. The personal information we collect can include the following:
Publicly Available Personal Information. We collect first name, maiden name, last name, and nickname; ID; current and former address; phone numbers; email addresses; business email; business phone number; business entity filings, corporate affiliations, and business associates; government licenses, professional licenses, hunting/fishing permits, and weapons permits; social media; Device Photos; and other similar data.
Personal Information Provided by You. We collect data about health, DNA, medical records, FitBit, and similar apps; app usage; data collected from surveys; work performance, salary, bonuses, and disciplinary actions; passwords; Usage Statistics; and other similar data.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our Services or Apps.
We automatically collect certain information when you visit, use or navigate the Services or Apps. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services or Apps and other technical information. This information is primarily needed to maintain the security and operation of our Services or Apps, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
Online Identifiers. We collect devices; applications; tools and protocols, such as IP (Internet Protocol) addresses; cookie identifiers, or others such as the ones used for analytics and marketing; Radio Frequency Identification (RFID) tags; device's geolocation; and other similar data.
Information collected through our Apps
In Short: We may collect information regarding your geo-location, mobile device, push notifications, when you use our apps.
If you use our Apps, we may also collect the following information:
Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's bluetooth, camera, microphone, reminders, sensors, sms messages, storage, calendar, contacts, and other features. If you wish to change our access or permissions, you may do so in your device's settings.
Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services or Apps for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
To facilitate account creation and logon process. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
To send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).
To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
To post testimonials. We post testimonials on our Services or Apps that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at firstname.lastname@example.org and be sure to include your name, testimonial location, and contact information.
Deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in competitions.
Request Feedback. We may use your information to request feedback and to contact you about your use of our Services or Apps.
To protect our Services. We may use your information as part of our efforts to keep our Services or Apps safe and secure (for example, for fraud monitoring and prevention).
To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
To deliver services to the user. We may use your information to provide you with the requested service.
To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services or Apps, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share data based on the following legal basis:
Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services or Apps, which will enable them to collect data about how you interact with the Services or Apps over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services or Apps. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Services or Apps) or otherwise interact with public areas of the Services or Apps, such personal information may be viewed by all users and may be publicly distributed outside the Services or Apps in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services or Apps, and view your profile.
5. DO WE USE GOOGLE MAPS?
In Short: Yes, we use Google Maps for the purpose of providing better service.
By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service. You agree to allow us to obtain or cache your location. You may revoke your consent at anytime. We use information about location in conjunction with data from other data providers.
6. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
In Short: We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.
7. HOW LONG DO WE KEEP YOUR INFORMATION?
17. Software Limited Warranty To the original customer only, MSUITE provides the following warranties:
17.1 Limited Warranty MSUITE WARRANTS THAT FOR AS LONG AS THESE TERMS OF SERVICE ARE IN PLACE BETWEEN MSUITE AND COMPANY (“WARRANTY PERIOD”) AS EVIDENCED BY COMPANY’S RECEIPT OR OTHER PROOF OF PURCHASE a) THE SOFTWARE, UNLESS MODIFIED OR OTHERWISE ALTERED BY COMPANY, WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE PUBLISHED SPECIFICATIONS FOR THE SOFTWARE, AND b) THE MEDIA ON WHICH THE SOFTWARE IS FURNISHED, IF ANY, WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE. MSUITE does not warrant that the Software will meet Company’s requirements or that Use of the Software will be uninterrupted or error-free. MSUITE is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software, nor for problems in the interaction of the Software with non-MSUITE software. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to Company. The Limited Warranty gives Company specific legal rights. Company may have others.
17.2 Exclusive Remedy MSUITE's entire liability, and Company’s exclusive remedy, shall be, at MSUITE's option, either a) replacement of the defective media, b) repair or replacement of the Software that does not meet MSUITE's Limited Warranty, or c) return of the License Fee paid and termination of these Terms of Service. This remedy is subject to return of the Software to MSUITE with a copy of Company’s receipt within the Warranty Period or, solely for Software that was obtained electronically via “electronic software distribution”, to delivery to MSUITE of a MSUITE -approved “certification of destruction” together with proof of purchase within the Warranty Period. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty days, whichever is longer.
17.3 Further Warranties
17.3.1 MSUITE warrants that it owns the Software or otherwise has sufficient rights to grant Company the license in these Terms of Service.
17.3.2 For installations of the Software on computers or virtual machines that MSUITE owns or controls, MSUITE warrants that it owns or otherwise has sufficient rights to grant Company access to the Software on those computers or virtual machines.
17.3.3 MSUITE warrants that, at the time of these Terms of Service, it is not aware of claims that the Software infringes any right of a third party
17.4 No Other Warranties THE ABOVE WARRANTIES ARE EXCLUSIVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MSUITE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND THOSE ARISING OUT OF USAGE OF TRADE OR COURSE OF DEALING, CONCERNING THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT UNDER A SUPPORT AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MSUITE, ITS AGENTS, DEALERS, DISTRIBUTORS OR EMPLOYEES SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY OTHER WARRANTIES.
17.5 No Liability for Damages EXCEPT FOR THE EXPRESS REMEDIES AND INDEMNITIES PROVIDED TO THE COMPANY UNDER THESE TERMS OF SERVICE, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MSUITE OR ITS SUPPLIERS (OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION TO: CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ECONOMIC, PUNITIVE OR SIMILAR DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS INFORMATION OR ANY AND ALL OTHER COMMERCIAL OR PECUNIARY DAMAGES OR LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT , HOWEVER CAUSED AND ON ANY LEGAL THEORY OF LIABILITY (WHETHER IN TORT, CONTRACT OR OTHERWISE), EVEN IF MSUITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. COMPANY ACKNOWLEDGES THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. In any event, if any statute implies warranties or conditions not stated in these Terms of Service, MSUITE's entire liability under any provision of these Terms of Service shall be limited to the greater of the amount actually paid by Company to license the Software and Five United States Dollars (US$5.00), or, in the case of a Support Agreement, providing such Support again or refunding the cost thereof. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Company.
17.6 Infringement Indemnity MSUITE shall defend, indemnify, and hold Company harmless from and against any loss, liability, cost, or expense, including reasonable attorney’s fees, which may be incurred by Company against any claims, actions, or demands by a third party alleging that the Software infringes a U.S. copyright or trademark, provided: a) Company promptly notify MSUITE in writing of the claim; b) Company provide documents clearly describing the allegations of infringement; c) MSUITE has sole control of the defense of any actions and negotiations related to the defense or settlement of any claim; and d) Company cooperates fully in the defense of the claim.
17.6.1 If the Software is found to infringe a U.S. copyright or trademark, MSUITE shall, in its sole discretion, take commercially reasonable steps to obtain the necessary rights or modify the Software. In the alternative, MSUITE may terminate these Terms of Serviceand Company shall uninstall the Software. MSUITE's liability shall then be to indemnify Company as above and refund a pro-rata portion of any License Fee paid by Company for the Software. No refund shall be paid for any price paid by Company for Support under a Support Agreement.
17.6.2 MSUITE shall have no obligation to defend Company or to pay any resulting costs, damages, or attorneys’ fees for any claims alleging direct or contributory infringement of the Software by a) combination of or integration with a product, process, or system not supplied by MSUITE; b) material alteration by anyone other than MSUITE; c) use after Company have been notified of possible infringement; or d) use after modifications are provided or these Terms of Serviceis terminated.
17.7 Failure to Maintain Back-up Hold Harmless Company shall hold MSUITE harmless from and against any loss, liability, cost, or expense, including reasonable attorney’s fees, which may be incurred by Company due to Company’s failure to maintain its backed-up Data File for periods longer than seven days.
18.1 Each party agrees to keep confidential the terms and provisions of these Terms of Service and any other information with respect to the relationship among the parties; provided, however, that a party may reveal such information as required a) by law, regulation or court order, or b) in connection with such party’s performance of its obligations under these Terms of Service.
18.2 Each party acknowledges that it will be provided with, or have access to, Proprietary Information belonging to the receiving party. The receiving party agrees to not: a) disclose Proprietary Information to any third party, except to the extent necessary to carry out the purpose of these Terms of Service; b) use or copy any Proprietary Information for any purpose other than for carrying out the purpose of these Terms of Service; or c) use Proprietary Information in any way adverse to the disclosing party’s interests.
18.3 Proprietary Information is defined as any and all information not generally available to the public, and includes without limitation, all information related support, service level agreement, pricing, payment terms, customer lists, vendor lists, the Data File, data in the Data File, System Data, the Software and any other information that is a trade secret.
18.4 Proprietary Information shall not include information: a) already in the possession of the receiving party at the time of disclosure; b) already in the public domain at the time of disclosure; c) that becomes part of the public domain through no fault of the receiving party; or d) that was obtained in good faith by the receiving party from a third party on a non-confidential basis.
18.5 The receiving party agrees to destroy all Proprietary Information, including from backup archives, upon request from the disclosing party or upon expiration or termination of these Terms of Service. The receiving party shall not retain any copies of Proprietary Information and shall certify the destruction of same.
18.6 The receiving party agrees that its duties regarding use of Proprietary Information under these Terms of Service: a) do not cease with the expiration or termination of these Terms of Service; and b) cease only if the information no longer meets the definition of Proprietary Information.
19. Entire Agreement The Proposal and these Terms of Service constitutes the entire agreement between MSUITE and Company with regard to the Software and supersedes any and all prior agreements on this topic. These Terms of Service shall not be modified except by a written agreement between authorized representatives of MSUITE and Company.
20. Severability If a court of competent jurisdiction determines that a provision of these Terms of Service is unenforceable in any jurisdiction, then such provision shall be deemed modified to the minimum extent necessary to make it comply with the applicable law of such jurisdiction.
21. Governing Law These Terms of Service is governed by the laws of the State of Iowa and applicable U.S. federal law and the state and federal courts located in Cedar Rapids, Iowa, USA shall have exclusive jurisdiction and venue over any claim arising from these Terms of Service.