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SOLUTIONS IN A BOX, INC. AND |
Please read these terms of service (these “Terms”) carefully, as it sets forth the terms and conditions of the contract between you as well as your employer or other person or entity you serve or represent or on whose behalf, or for whose benefit, you use the Platform (individually and collectively, “You” or “Your Organization”), on one hand, and Solutions in a Box, Inc., on behalf of itself and any other controlled subsidiary or affiliate of the foregoing that operates, maintains, or enforces rights in connection with the Platform (collectively, “Solutions in a Box”), on the other hand. These Terms govern Your use of the FYIGTM.
The rights provided to Solutions in a Box pursuant to these Terms apply to, and may be exercised by or on behalf of, any of Solutions in a Box’s Related Parties. The term “Related Parties” means direct and indirect affiliates, parents, and subsidiaries and their respective owners, stockholders, other equity holders, officers, agents, employees, and directors as well as any and all, whether direct or indirect, predecessors-in-interest, successors-in-interest, suppliers, vendors, manufacturers, developers, distributors, contractors, partners, agencies, and customers.
Any obligation on You not to do something includes an obligation that You not do, attempt to do, or allow that thing to be done or otherwise contribute to, assist, induce, entice, encourage, or incentivize such thing to be done.
Unless the context otherwise requires, the word “or” is disjunctive but not exclusive; the word “including” (and other versions of “include”) means “including, but not limited to,”; and the words “shall” and “will” have the same mandatory meaning to impose obligations.
The words “Disclose” or “disclose” each mean to, in whole or in part, reproduce, share, transfer, transmit, describe, reveal, make known, provide access to, provide another the means of discovering, learning, or receiving information or to contribute to, induce, entice, encourage, or incentivize any of the foregoing. Any obligation regarding confidential information (e.g., to protect it or keep it confidential) includes preventing it from being disclosed.
Any reference to the Platform (as defined below) applies individually and collectively to the entire Platform, any work or development derived from the Platform, or any portion of the Platform, including any information on or that constitutes part of the Platform.
2. Your Agreement to be Bound; Commencement of Term
You agree to be bound by these Terms (including all agreements and policies of Solutions in a Box) by installing, opening, or accessing the Platform, logging into the Site as a user, accessing e-mails containing Delivered Content, or clicking the “Agree”. The term (“Term”) of these Terms will commence when You first do any of the foregoing. And You reaffirm Your agreement to these Terms each time You do any of the foregoing.
If You do not agree to these Terms, do not use the Platform (not even for trial use purposes); close out of, and log out of, all instances of and access points to the Software; unsubscribe from all Delivered Content; and disconnect all Your devices from the Platform.
If You decline these terms prior to, or within 24 hours of, signing up or purchasing access to the Service / Platform, You may seek a refund of any fees paid prior to such first use.
3. Incorporated Terms, Policies, and Agreements
These Terms include and incorporate the content and terms of the related provisions, conditions, agreements, or policies available at www.fyigtm.com (the “Sites”). By way of non-limiting example, You accept and agree to be bound and abide by these Terms and Solutions in a Box’s “Privacy Policy,” which can be found at the Site or are available upon request to support@solutionsinaboxinc.com.
4. Scope
These Terms apply to the following, each of which constitute part of the “Platform”:
Notwithstanding the foregoing, neither the Platform (which includes Input Data) includes data You provide for the express purpose of tailoring content delivery, which constitutes “Customer Data.”
You represent and warrant that You own or control all rights (or license) in and to all Customer Data sufficient for You to grant Solutions in a Box the Customer Data License (defined below). You understand and acknowledge that you are responsible for all Customer Data You submit or contribute, and that You, not Solutions in a Box or any of its Related Parties, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
6. Your Representation, Warranties, and Related Covenants
The Platform may use or incorporate third-party content services, hardware, or software (“Third-Party Content or Offerings”). By way of non-limiting example, the Platform may include or deliver modified versions, summaries, or analyses of Third-Party Content or Offerings. Solutions in a Box is not responsible in any manner for any Third-Party Content or Offerings.
FOR THE AVOIDANCE OF DOUBT, SOLUTIONS IN A BOX PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO SUCH THIRD-PARTY CONTENT OR OFFERINGS, INCLUDING WITH RESPECT TO FUNCTIONALITY OF SUCH EXTERNAL SOFTWARE.
Solutions in a Box does not provide any warranty, maintenance, technical, or other support for any Third-Party Service or Product. Solutions in a Box does not warrant the accuracy, timeliness, sufficiency, effectiveness, or suitability of any Third-Party Content or Offerings, which You use at Your own risk. Accordingly, Solutions in a Box is not responsible for Your use of any Third-Party Service or Product or any personal injury, death, property damage, or other harm or losses arising from or relating to Your use of any Third-Party Service or Product.
You agree that You have no recourse against Solutions in a Box for any Claim or Loss arising out of or related to any Third-Party Service or Product. Claims against third-parties in connection with Third-Party Content or Offerings must be brought against the applicable third-party (e.g., the manufacturer or provider of such service) and not Solutions in a Box.
For the avoidance of doubt, the mere inclusion of links to any third-party website in or with the Platform does not create or imply any affiliation between Solutions in a Box and such website or the entity that operates the website.
8. Third-Party Software Licenses
Certain software included in, distributed with, or downloaded in connection with the Platform may comprise third-party proprietary software or code that is subject to separate license terms (“Third-Party Software”). All such Third-Party Software may comprise or include software or software components that are derived, in whole or in part, from software that is distributed as free software, open source software, or under similar licensing or distribution models (collectively, “External Software”).
Your use of External Software is subject in all cases to the applicable licenses from the applicable External Software providers, which will take precedence over the rights and restrictions granted in these Terms solely with respect to such External Software and solely to the extent required by such licenses. You will comply with the terms of all applicable External Software licenses, if any. For example, copyrights to open source software are held by their respective copyright holders indicated in the copyright notices in the corresponding source files.
FOR THE AVOIDANCE OF DOUBT, SOLUTIONS IN A BOX PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO SUCH EXTERNAL SOFTWARE, INCLUDING WITH RESPECT TO FUNCTIONALITY OF SUCH EXTERNAL SOFTWARE.
Solutions in a Box does not provide any warranty, maintenance, technical, or other support for any External Software. Accordingly, Solutions in a Box is not responsible for Your use of any External Software or any personal injury, death, property damage (including to Your home), or other harm or losses arising from or relating to Your use of any External Software.
You agree that You have no recourse against Solutions in a Box for any Claim or Loss arising out of or related to any External Software. Claims against third-parties in connection with External Software must be brought against the applicable third-party (e.g., the manufacturer or provider of such service) and not Solutions in a Box.
9. Data Use
Certain features associated with the Platform use internet protocols and may send to the appropriate systems computer information, such as Your internet protocol address; the type of operating system, browser, and name and version of the software You are using; or the language code of the device where You installed or access the Platform. Solutions in a Box or its designees may use this information to make the internet-based services available to You.
10. Your Personal, Limited License to Access the Platform
During the period of time when You maintain an active, paid-up account with Solutions in a Box and contingent at all times upon Your compliance with these Terms: Solutions in a Box grants to You a limited, non-exclusive, personal, freely revocable right to access the Platform in object code or executable form only, solely for Your own internal and non-resale purposes and solely in connection with the services provided by Solutions in a Box (the “Solutions in a Box License”).
You may forward, whether directly or indirectly, e-mails containing Delivered Content to no more than ten (10) individuals, each of whom must be full time employees of Your Organization.
You may reference or incorporate portions of Delivered Content into documents created by You or You Organization so long as prominent notice and attribution is provided in close proximity to each such reference or incorporation. The notice and attribution must identify that the contents were provided by FYIGTM and all rights are owned by Solutions in a Box, Inc. If Solutions in a Box requests a specific form of notice and attribution, or provides express, prior, written, consent, to an alternative form of notice and attribution: You will comply with such request and use the form of notice and attribution provided by Solutions in a Box.
You may not post publicly, publish, or disseminate any Delivered Content except as specifically set forth in this Section 10;
Where necessary, You may temporarily download one copy of each piece of Delivered Content for internal, noncommercial, transitory viewing only and not for further reproduction, publication, or distribution.
You grant to Solutions in a Box a worldwide non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers of sublicensee), fully paid-up, royalty-free right to use all Customer Data in connection with these terms (the “Customer Data License”).
11. Ownership and Intellectual Property
The Platform (which includes Delivered Content) other than Customer Data is proprietary to Solutions in a Box and its licensors. All right, title, and interest in and to the Platform, including all intellectual property and all other legal rights, titles, and interests, do and will remain with Solutions in a Box and its licensors. For the avoidance of doubt, and by non-limiting example, You acknowledge and agree that the source and object code of the Platform and the format, directories, queries, databases, algorithms, structure, and organization of the Platform and Delivered Content are the intellectual property and proprietary and confidential information of Solutions in a Box and its licensors only. All rights not expressly granted under these Terms are reserved to Solutions in a Box and its licensors.
Neither these Terms, nor any rights or obligations provided in them, constitute a sale or other transfer of any right, title, or interest in or to the Platform or any portion thereof.
All trademarks, service marks, trade names, trade dress, logos, slogans or other identifiers of source, endorsement, or affiliation—and the goodwill associated therewith—included or displayed in or around the Platform (“Marks”) are the exclusive property of Solutions in a Box; with the exception of third-party marks expressly identified by Solutions in a Box as the property of another third-party. You are not permitted to use any of the Marks, or any third-party mark, without the express, prior, written consent of Solutions in a Box.
Unless otherwise stated, (i) all third-party marks used in connection with the Platform are used for nominative and other fair uses purposes only and (ii) Solutions in a Box and the owner of such marks have no endorsement, sponsorship, or affiliation with one another.
12. Restrictions on Use
Only persons 18 years of age or older and that are citizens of the United States are authorized to use, input data into, or interface in any way with the Platform, and You will not permit any person who does not meet both requirements from doing so.
You may not do any of the following, except to the extent specifically and expressly allowed in Section 9:
The Platform is not open to any person who lives in any country that is prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the United States. It is solely Your responsibility to determine if You may lawfully use the Platform in any particular country or jurisdiction.
14. Term and Termination; Updates to Agreement
Unless terminated as provided in this Section 13, and subject to any update or modification as set forth in this Section, these Terms will continue in perpetuity.
You agree that Solutions in a Box may revise, update, or change these Terms at any time in its sole and complete discretion. Updates may be posted publicly on the Site (or other operative website of Solutions in a Box) or distributed to You via the Platform or other means. If there is any ambiguity as to which version of these Terms applies, You agree that the terms of the most recent version will apply, by default, to the entire time period during which You used of the Platform.
You agree that Solutions in a Box may issue additional policies related to the Platform.
Solutions in a Box will have the right to terminate these Terms without notice if You fail to comply with these Terms or any other policy of Solutions in a Box.
Additionally, by way of non-limiting example, Your right to access the Platform, and Your Registration information, will terminate upon any of the following: Your failure to comply with any term or condition of these Terms, Your unlawful use of the Platform, or Your abusive conduct involving the Platform that is outside the normal contemplated use thereof. The foregoing includes any acts induced by You, contributed to by You, or conducted with Your participation, direction, control, or assent. Upon termination of the Solutions in a Box License granted herein, You must cease all use of the Platform and destroy all copies (physical or electronic) of any portion of the Platform (including the Software and all component parts and copies thereof and all related materials, data, and documents) and certify to Solutions in a Box, if so requested by Solutions in a Box, that all the foregoing have been so destroyed.
The Solutions in a Box License to You will immediately terminate upon Your breach of any of these Terms, unless such breach is curable and is actually and immediately cured by You, which will be determined in Solutions in a Box’s sole and complete discretion. These remedies are cumulative and in addition to any other remedies available to Solutions in a Box.
All terms of Sections 6, 7, 8, 10, 11, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33, as well others that by their nature are intended to or would be expected to survive, will survive termination of these Terms.
15. Your Registration and Termination
You may be required to create an account or to update an existing account. You may be asked to complete an initial questionnaire, or to provide information to Solutions in a Box, to begin or continue using the Platform.
Solutions in a Box may, in its sole and complete discretion, terminate Your Registration at any time and for any reason without notice if you fail to comply with these Terms or other applicable rule, law, regulation, or authority.
Solutions in a Box may, in its sole and complete discretion, suspend You Registration or access to the Platform if Solutions in a Box suspects that you have failed to comply with these Terms or other applicable rule, law, regulation, or authority.
You agree that if Your use of the Platform is terminated pursuant to these Terms, You will not attempt to access or use the Platform, including under any name or entity, real or assumed.
16. Registration and Security
You agree and acknowledge that Your Registration information on the Platform is for Your use only and not for the use of any other person or entity.
You are solely responsible for any activity in connection with Your Registration and, if You are provided access credentials, You agree to maintain Your own access credentials and not use anyone other person’s access credentials. You further agree not to share or sell Your access credentials and to notify Solutions in a Box if You suspect unauthorized use of Your Registration information or access credentials.
You will immediately alert Solutions in a Box to any unauthorized use of Your Registration information or credentials by e-mailing Solutions in a Box at support@solutionsinaboxinc.com.
17. Warranty Disclaimer and Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER SOLUTIONS IN A BOX NOR ITS SUPPLIERS, DISTRIBUTORS, OR CUSTOMERS, NOR ANY OF THEIR RESPECTIVE RELATED PARTIES, MAKES OR HAS MADE ANY REPRESENTATION, WARRANTY, ASSURANCE OR PROMISE OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PLATFORM, ITS USE, OR THE RESULTS OF SUCH USE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SOLUTIONS IN A BOX EACH EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, PAST OR PRESENT, EXPRESS OR IMPLIED, WHETHER STATUTORY, COMMON-LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES WILL SOLUTIONS IN A BOX OR ANY OF ITS RELATED PARTIES BE LIABLE TO ANY PERSON OR ENTITY UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TREBLE, PUNITIVE, OR EXEMPLARY DAMAGES OR STATUTORY OR CIVIL PENALTIES OF ANY KIND-INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF CURRENT OR PROSPECTIVE OPPORTUNITIES, OR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM THESE TERMS, THE PERFORMANCE OF THESE TERMS, OR IN ANY WAY CONNECTED TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO, IN ANY WAY CONNECTED TO THE INSTALLATION, SETUP, CONFIGURATION, USE MAINTENANCE, PERFORMANCE, DEFECT, FAILURE, OR INTERRUPTION OF THE PLATFORM OR ANY PRODUCT OR SERVICE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), EVEN IF SOLUTIONS IN A BOX, OR ANY RELATED PARTY, IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE TERMS OF THIS SECTION, SOLUTIONS IN A BOX OR ANY OF ITS RELATED PARTIES IS FOUND TO BE LIABLE UNDER ANY THEORY OR IN ANY ACTION, SUCH LIABILITY (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR REMEDY OR OTHER CAUSE OF ACTION OR LEGAL RIGHT) IS AND WILL BE LIMITED EXCLUSIVELY TO A MAXIMUM OF ONE THOUSAND U.S. DOLLARS ($1,000.00) IN THE AGGREGATE. FOR THE AVOIDANCE OF DOUBT, THE LIMITATIONS PROVIDED IN THIS SECTION SHALL APPLY EVEN IF ANY OR ALL PRODUCTS, SERVICES, OR OTHER ACTUAL OR POTENTIAL REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
Without limiting the foregoing, Solutions in a Box does not warrant or represent that the operation of the Platform will be uninterrupted or error-free or that any defect within the Platform will be corrected. Furthermore, Solutions in a Box does not warrant or make any representation regarding the results of Your use of the Platform in terms of capability, correctness, accuracy, reliability, or otherwise; that the Platform will meet Your requirements; or that the Platform is secure. No presentation, specimen, information, or advice—whether oral or written—given by Solutions in a Box, any representative of Solutions in a Box, any client, or any other person or entity will create a warranty.
For the avoidance of doubt, neither Solutions in a Box nor any of its Related Parties will have liability with respect to the content of the Platform, including with respect to errors or omissions contained in the Platform or any claim related to the following: libel, business interruption, personal injury, loss of privacy, disclosure of confidential information, or infringement or violation of any third-party’s rights of publicity, intellectual property, privacy, or moral right.
You release and waive all claims against Solutions in a Box and any of its Related Parties from any and all Claims or Losses arising out of Your use of the Platform. If You are a California resident, You waive any rights You may have under § 1542 of the California Civil Code—or any similar law or right—which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You agree to release unknown claims and waive all available rights under California Civil Code § 1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, the release in this Section covers all such claims regardless of the negligence of Solutions in a Box or any of its Related Parties.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to You. The limitations provided in these Terms are intended to apply to the fullest extent allowable under applicable law, and You acknowledge that the terms will be construed and enforced as necessary to limit Solutions in a Box’s and any of its Related Party’s possible liability to the amount set forth herein.
18. Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. Solutions in a Box does not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. Solutions in a Box disclaims all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Platform or by anyone who may be informed of any of its contents.
The Platform may include content provided by third-parties, including materials provided by other member users and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Solutions in a Box, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Solutions in a Box. Solutions in a Box is not responsible, or liable to You or any third-party, for the content or accuracy of any materials provided by any third-parties.
19. Changes to the Platform
Solutions in a Box may update the content on the Platform from time to time, but its content is not necessarily complete or comprehensive. Any of the material on the Platform may be out of date at any given time, and Solutions in a Box is under no obligation to update such material.
20. Information About You and Your Visits to the Platform
All information collected on the Platform is subject to the Privacy Policy. By using the Platform, You consent to all actions taken by Solutions in a Box with respect to Your information in compliance with the Privacy Policy.
21. Partners or Affiliated Links from the Platform
The Platform (which includes Delivered Content) may contain links to other websites and resources provided by third-parties. Such links are provided for Your convenience only. Solutions in a Box has no control over the contents of those websites or resources. Solutions in a Box accepts no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked from the Platform, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
Solutions in a Box may include referrals to third-party content, services (e.g., consultants or data providers), or products or other affiliated links. Solutions in a Box may receive compensation from the owners or operators of such content, services, products, or links. In the event that Solutions in a Box does receive compensation in connection with any such referral or affiliated link, it will identify the foregoing as either a paid referral or link or otherwise disclose the nature of the affiliation.
Solutions in a Box, or a third-party, may use the term “partnership”, “partner”, or a similar term to describe the relationship; however, the such terms refer only to the spirit of cooperation between the parties and do not describe or expressly or impliedly create the legal status of partners or joint venturers.
Unless otherwise stated, (i) all third-party marks used in connection with the Platform are used for nominative and other fair uses purposes only and (ii) Solutions in a box and the owner of such marks have no endorsement, sponsorship, or affiliation with one another.
22. Indemnification
YOU AGREE TO, BY ASSUMING AND PAYING IMMEDIATELY ON DEMAND, INDEMNIFY, DEFEND, AND HOLD HARMLESS SOLUTIONS IN A BOX AND ALL OF ITS RELATED PARTIES FROM AND AGAINST ANY AND ALL ALLEGATIONS, NOTICES, CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, SUITS, ACTIONS, CHARGES, AND FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) (EACH INDIVIDUALLY A “CLAIM OR LOSS” OR COLLECTIVELY “CLAIMS OR LOSSES”) RESULTING FROM, ARISING FROM, OR IN CONNECTION WITH THE FOLLOWING: ANY CUSTOMER DATA, YOUR USE OF THE PLATFORM, YOUR VIOLATION OF THESE TERMS, OR YOUR INTERACTION WITH SOLUTIONS IN A BOX.
YOU AGREE AND ACKNOWLEDGE THAT SOLUTIONS IN A BOX WILL NOT DEFEND, INDEMNIFY, OR HOLD HARMLESS YOU IN ANY WAY IN CONNECTION WITH THESE TERMS, THE PLATFORM, OR YOUR USE OF THE PLATFORM, INCLUDING IN CONNECTION WITH AN UNAUTHORIZED PARTY ACTING ON YOUR BEHALF.
23. Security and Privacy
Solutions in a Box seeks to protect sensitive personal data from unauthorized access, use, and disclosure using appropriate physical, technical, organizational, and administrative security measures based on the type of personal data and how Solutions in a Box processes that data. However, the Platform is subject to several factors that Solutions in a Box cannot control (e.g., communication lines over the internet); as such, Solutions in a Box cannot guarantee that the Platform will be absolutely secure.
You acknowledge and agree that the internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services—all of which can be intercepted and otherwise compromised.
You have been advised and agree to assume that all unencrypted internet communications, including e-mail, are not secure. You agree that Solutions in a Box is not liable or responsible for any loss in connection with the third parties’ unauthorized access to your systems, e-mail, or other data or communications.
24. Consent to Electronic Communications and Information You Provide
By providing Solutions in a Box with Your e-mail address, You consent to receive unencrypted and unsecured e-mail communications from Solutions in a Box. You agree that any notices, agreements, disclosures, or other communications that Solutions in a Box provides to You by e-mail or other electronic means (including through the Platform) satisfy any legal communication requirements.
Solutions in a Box has the right, but not the duty, to monitor Your use of the Platform, including any information You provide. Any information You send to Solutions in a Box by e-mail may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If You have confidentiality concerns, You will use an alternative mode of communication and not transmit any sensitive or confidential information to Solutions in a Box via e-mail.
The Platform may provide You the option to communicate with Solutions in a Box through e-mail. This option is, or will be, provided solely for Your convenience, and it may not be secure. By using e-mail, You agree that Solutions in a Box is not responsible for the privacy of any e-mail messages. Solutions in a Box does not warrant the confidentiality or security of any e-mail transmission.
You are responsible for all information You send through or to the Platform. This means that You agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive, discriminatory, profane, invasive of the rights of publicity or privacy of another person, or violates any law, confidentiality agreement, or legal right of any person or entity. Solutions in a Box may edit, delete, modify, or ban such information and take necessary legal action.
25. Confidentiality
“Solutions in a Box Confidential Information” means any non-public information belonging to, or in the possession, custody, or control of Solutions in a Box or any of its Related Parties and includes information related to the Platform (e.g., contained or stored in or on the Platform).
“Solutions in a Box Confidential Information” also includes instructions or feedback provided by the Platform, information associated with the Solutions in a Box services or Software as well as Solutions in a Box’s or any of its Related Parties’ business plans, sensitive information, trade secrets, know-how, inventions, techniques, data, research, developments, specifications, samples, patterns, designs, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, customer lists, personal information, financial information, strategic information, historical data or data analyses, operational information, business plans, sales and marketing plans, or other non-public information and all other information disclosed to You via the Platform. “Solutions in a Box Confidential Information” does not include any information that, without breach of these Terms, breach of any other obligation or agreement by any individual or entity, or other wrongful or unreasonable act (i) is or becomes a part of the public domain; (ii) based upon conclusive, documentary evidence, was known to You at the time You received it from Solutions in a Box; or (iii) is independently developed by You without reference the Solutions in a Box Confidential Information. In the event of any dispute as to whether specific information is within one or more of the exceptions set forth above, You will bear the burden of proof, by clear and convincing evidence, that such information is within the claimed exception. Even if Solutions in a Box Confidential Information may fall under one of the foregoing exceptions, You will not disclose to any third-party that such information is used in any way by Solutions in a Box or any of its Related Parties, the manner in which such information is used, or that the information is considered a trade secret of Solutions in a Box or any of its Related Parties. You will not attempt to use any such information, or other Solutions in a Box Confidential Information, as a guide or reference to assemble publicly available pieces of information together or to argue that such information is not Solutions in a Box Confidential Information.
You will use Your best efforts to preserve and protect the confidentiality of the Solutions in a Box Confidential Information at all times, both during the term of these Terms, and for a period of at least five (5) years after termination of these Terms; provided, however, that You will keep confidential in perpetuity all computer code or source code, all Solutions in a Box Confidential Information stored in Solutions in a Box databases, and all trade secrets of Solutions in a Box or any of its licensors or Related Parties. For the avoidance of doubt, the restrictions set forth above (including in Section 11 (Restrictions on Use)) will survive the termination of these Terms in perpetuity.
You will not use or disclose any Solutions in a Box Confidential Information other than solely and directly in the ordinary course of using the Platform. You will not use or disclose any Solutions in a Box Confidential Information for any purpose following expiration or termination of these Terms. As a non-limiting example, You will not incorporate, seek to incorporate, or allow to be incorporated any Solutions in a Box Confidential Information into any intellectual property or development of any person or entity other than Solutions in a Box, including into any joint intellectual property or development.
You will notify Solutions in a Box in writing immediately upon discovery of any unauthorized use or disclosure of Solutions in a Box Confidential Information or any other breach of these Terms by anyone and will cooperate with Solutions in a Box in every reasonable way to regain possession of Solutions in a Box Confidential Information and prevent any further unauthorized use.
Except to the extent prohibited by applicable law: upon request of Solutions in a Box, You will promptly return (or destroy, if requested by Solutions in a Box) all Solutions in a Box Confidential Information and all materials incorporating or referencing any of the foregoing. If requested by Solutions in a Box, You will provide a written certification, signed under penalty of perjury, to Solutions in a Box that You have done so. If Solutions in a Box makes no request for Solutions in a Box Confidential Information to be returned or destroyed, You will permanently destroy each and all of the foregoing Solutions in a Box Confidential Information within seven (7) calendar days following termination or expiration of these Terms.
If You are legally required to disclose any of the Solutions in a Box Confidential Information, then, prior to such disclosure, You will assist Solutions in a Box in (i) seeking a stipulation or entry of a protective order to prevent disclosure or, if prevention is not reasonably practicable, to limit disclosure; (ii) if disclosure is required, seeking a stipulation or entry of a confidentiality order to protect the information required to be disclosed; (iii) cooperate with the Solutions in a Box to facilitate Solutions in a Box’s review, prior to disclosure, of all Solutions in a Box Confidential Information to be disclosed for responsiveness, privilege, confidentiality, and privacy; and (iv) at all times undertake all reasonable efforts to protect and limit the amount and extent of Solutions in a Box Confidential Information that must be disclosed, including providing confidentiality designations or stamps and redactions requested by Solutions in a Box. In all circumstances, You will disclose the Solutions in a Box Confidential Information only to the minimum extent necessary to comply with the applicable legal requirements.
26. Submissions of Information
Do not send Solutions in a Box any ideas, suggestions, materials, concepts, or other information (collectively “Submitted Information”) unless specifically requested by the Platform or Solutions in a Box. If You do send unrequested Submitted Information to Solutions in a Box, that Submitted Information will become the property of Solutions in a Box, and You do and will disclaim and waive any intellectual property right, and any other right or ownership, in or to such Submitted Information, including disclaiming and waiving all rights of publicity or privacy associated with such information. This means that Solutions in a Box will have unrestricted use of the Submitted Information for Solutions in a Box’s personal and commercial purposes. Solutions in a Box will not compensate You and will not be liable to You or any other provider of the Submitted Information.
If You send Submitted Information to Solutions in a Box, You represent and warrant that (i) it is original to You; (ii) it does not contain or violate the intellectual property or other legal rights or any person or entity, and (iii) that You have the right to disclose and submit it to Solutions in a Box without any confidentiality or other obligations. You acknowledge and agree that You have no recourse against Solutions in a Box for any alleged or actual infringement or misappropriation of any proprietary right in any Submitted Information.
Solutions in a Box is not obligated to maintain the confidentiality of any Submitted Information submitted, and Solutions in a Box disclaims any liability that may result from its disclosure of any Submitted Information submitted in violation of its policy.
27. Solutions in a Box’s Entitlement to Injunctive Relief
You acknowledge and agree that the Solutions in a Box Confidential Information is, and will be, of special and unique character, which gives it a peculiar and economic value, and that any breach of these Terms, or access to or disclosure of such information, cannot and will not be adequately compensated by damages in an action at law, will lead to damages that are difficult or impossible or calculate or measure, and will cause Solutions in a Box immediate and irreparable harm and injury. Accordingly, Solutions in a Box will be entitled, in addition to all other remedies available at all, to a restraining order, injunction, specific performance, and other equitable relief necessary to redress any actual or threatened breach of these Terms regardless of any applicable legal standard for the issuance or grant of the foregoing. By way of non-limiting example, You will and do hereby waive any requirement that Solutions in a Box submit proof of the economic value of any Solutions in a Box Confidential Information or post a bond or any other form of security. Nothing contained herein will be construed as a waiver by Solutions in a Box of any other rights or remedies under the law or in equity.
28. Deadline for Claims or Causes of Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of or related to any use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
29. Choice of Law
The laws of the state of Delaware, without giving effect to its conflict of law principles, govern all adversarial proceedings arising out of these Terms. Subject to the dispute resolution provisions set forth below, if You take legal action against Solutions in a Box or any of its Related Parties in connection with any action or dispute relating to these Terms, You will file such action only in a dispute resolution entity or state or federal court in Delaware.
30. Dispute Resolution
You agree that You will promptly (but within no more than fourteen (14) business days) notify Solutions in a Box in writing of any dispute You have with Solutions in a Box regarding these Terms, Solutions in a Box, or the Platform. You will provide in writing a detailed explanation of the bases for Your contentions in connection with any dispute and will provide such written notice and explanation at least ninety (90) calendar days before commencing any legal action or third-party dispute resolution services. You agree to negotiate in good faith with Solutions in a Box during those ninety (90) calendar days to seek to resolve the dispute.
If the dispute is not resolved within ninety (90) calendar days after the initial notice, then the parties agree to resolve the dispute through final binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement in accordance with the terms of this Section and to the extent permitted by law. The arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) (or, if JAMS is not available, by a commercial arbitration entity of similar reputation and capability) by a single arbitrator in English, and the arbitration proceedings will be conducted at a location of Solutions in a Box’s choosing. The disputes will be subject to JAMS’ Comprehensive Arbitration Rules and Procedures. The parties agree to treat the arbitration proceedings and any related discovery as strictly confidential. The terms of this Section govern in the event they conflict with the rules of JAMS. The arbitration award will be in writing and will contain findings of fact and conclusion of law and will set forth the nature, amount, and manner of calculation of damages. The award will be final and non-appealable. Accordingly, the parties hereby expressly waive their constitutional and other rights to a trial by judge or jury. The parties agree that this agreement to submit claims to binding arbitration does not cover claims solely for injunctive relief or equitable relief as to which claims, and only as to which claims, it is understood and agreed that either party may seek and obtain injunctive relief from a court of competent jurisdiction as a provisional remedy pending appointment of an arbitrator if applicable.
There will be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including as a private attorney general).
Other than as set forth in Section 31, all administrative fees and expenses of arbitration will be divided equally between You and Solutions in a Box. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration hearing.
Notwithstanding the foregoing, Solutions in a Box may seek injunctive or other equitable relief to protect its Solutions in a Box Confidential Information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction at any time and without following the dispute resolution procedures otherwise set forth above.
31. Attorneys’ Fees
Notwithstanding the foregoing, Solutions in a Box will be entitled to collect its reasonable attorneys’ fees and other costs and expenses incurred (i) in seeking an injunction (or other legal or equitable relief) to protect its Platform, Software, other computer code or source code, Solutions in a Box Confidential Information, Marks, or any other of its intellectual property; (ii) in, on a claim-by-claim basis, defending against any claim brought by You against Solutions in a Box in which You do not prevail following the exhaustion of all final appeals or potential appeals; or (iii) in collecting fees or payments due by You to Solutions in a Box.
32. Export Regulation
The Platform may be subject to United States export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Platform to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Platform available outside the US.
33. United States Government Rights
The Platform is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if You are an agency of the United States Government or any contractor therefor, You receive only those rights with respect to the Software as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other United States Government licensees and their contractors.
34. Other Provisions
The Section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference will be derived therefrom.
You may not assign, novate, or otherwise transfer any rights, obligations, or other provisions of these Terms or Your Registration to any other person or entity. Solutions in a Box, however, may transfer, assign, or novate any rights, obligations, or provisions of these Terms at any time without notice to or consent from You.
You agree that: (i) if any provision of these Terms is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (ii) if an unenforceable provision is modified or disregarded in accordance with this Section, then the rest of these Terms will remain in effect as written; and (iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
No waiver by Solutions in a Box of any of any privacy policy or these Terms will be effective unless it is in writing and signed by an authorized representative of Solutions in a Box. No such waiver will be deemed a further or continuing waiver of such term or any other term or condition of use.
These Terms, and the policies and agreements incorporated in them, constitute the entire agreement between You and Solutions in a Box as it relates to Your use of the Platform. Neither Solutions in a Box nor any of its Related Parties has made any promises, statements, or assurances other than as expressly set forth herein. You acknowledge and represent that You have not relied, and will not rely, on any promises, statements, or assurances other than as expressly set forth herein. You do not have, will not have, and will not assert any claim based on any implied term, provision, promise, statement, or assurance.
The relationship between Solutions in a Box and You is that of licensor and licensee, and it is not the purpose or intention of these Terms or of the parties to create a partnership, joint venture, principal-agent, or other relationship for any purpose whatsoever. To the extent any terms are used by Solutions in a Box or You that might suggest otherwise, it is expressly understood that they refer only to the spirit of cooperation and do not describe or expressly or impliedly the legal status of licensor and licensee under these Terms.
Solutions in a Box, Inc. ("Solutions in a Box") knows that you care about how your corporate and personal information is used and shared - and we take your privacy seriously. This privacy policy ("Privacy Policy") covers Solution in a Box’s treatment of personally identifiable information ("Personal Information") and enterprise information ("Enterprise Information") (such as: CRM data, files, email/calendar information, and contacts) that you submit, or Solution in a Box otherwise gathers, when you access or use the Service. Together, Personal Information and Enterprise Information will be referred to as "Information".
By using the www.fyigtm.com website ("Site") or any of our Solutions in a Box applications available via the application URL: www.fyigtm.com (collectively, the "Service") you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you consent that we will collect, use, and share your information as set forth below.
This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.
We collect Personal Data about you from:
The following chart details the categories of Personal Data that we collect and have collected over the past twelve (12) months. Throughout this Privacy Policy, we will refer back to the categories of Personal Data listed in this chart (for example, “Category A. Personal identifiers”).
|
|
Category of Personal Data |
Personal Data Collected |
What is the source of this Personal Data? |
|
A |
Personal identifiers |
Real name |
You |
|
B |
Customer records identified by state law (including the California Customer Records statute (Cal. Civ. Code § 1798.80(e))) |
Real name |
You / Third Parties |
|
C |
Internet or other similar network activity information |
Interactions with a website, application or advertisement. |
You / Affiliates / Third Parties |
|
D |
Geolocation data |
City, State and Country for purposes of data aggregation. |
You |
The following sections provide additional information about how we collect your Personal Data.
The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Services, to analyze trends, learn about our user base and operate and improve our Services.
You can decide whether or not to accept certain Cookies when engaging with Solutions in a Box websites, services, and software. To find out more about what cookies we use, your choices and further information – please refer to our Cookie Policy.
We process Personal Data to operate, improve, understand and personalize our Services. We use Personal Data for the following purposes:
We disclose your Personal Data to the following categories of service providers and other parties:
We will never sell your Personally Identifiable Information.
Solutions in a Box takes robust information security measures to protect your Information and to limit the risk that it will be accessed without authorization, including use of certain industry standard technologies and practices. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. That said, we cannot guarantee the security of such Information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. No security system is perfect - so your use of the Service is at your own risk.
If we learn of a security systems breach, then we may attempt to notify you via email, phone, physical mail, or by a posting on your Service account page - so that you can take appropriate protective steps. Pursuant to our Terms of Service you have consented to receive such notice by electronic means (provided that such consent is void where prohibited by applicable law). To receive a free written notice of a security breach, or if you have any questions about the security of the Service, please contact us at support@solutionsinaboxinc.com.
In addition to the security measures referenced above, your Service account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from children under 16; if you are a child under 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at support@solutionsinaboxinc.com
Upon request, Solutions in a Box will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. If you wish to access, correct, or request deletion of your personal information, email support@solutionsinaboxinc.com and a member of the Privacy Team will respond to you. Solutions in a Box has no direct relationship with the individuals whose personal data it processes within its Service. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to Solution in a Box’s Client (the data controller). If the Client requests Solutions in a Box to remove the data, we will respond to their request within 30 days. If as an individual, you wish to identify the specific Client who is acting as the data controller of your Information, please contact support@solutionsinaboxinc.com and we will provide their contact information subject to Solutions in a Box receiving approval of release of that information from the data controller.
Deletion of your account is subject to the "Limitations on Deletion" section below, when you request us to delete your account for the Service, your data may be permanently deleted from our servers and access to your account will be disabled. We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.
Solutions in a Box will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. Solutions in a Box will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
In addition, copies of your information may remain viewable elsewhere to the extent it has been publicly published by you or otherwise shared by you with others (such as your User Submissions).
We may also indefinitely retain and use any aggregated data derived from or incorporating your Information after you update or delete it, but not in a manner that would identify you personally.
We may also retain Information collected by Third Party usage tracking services in aggregate form, for the purposes of maintaining historical information on usage of our services.
We may also retain your Information to the extent required to comply with (or we deem it reasonable in light of) any laws or regulations.
Solutions in a Box has no direct relationship with the individuals whose personal data it processes within its Service. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to Solutions in a Box’s Client (the data controller). If the Client requests Solutions in a Box to remove the data, we will respond to their request within 30 days. If as an individual, you wish to identify the specific Client who is acting as the data controller of your Information, please contact support@solutionsinaboxinc.com and we will provide their contact information subject to Solutions in a Box receiving approval of release of that information from the data controller.
We may partner with a third party to display advertising on our website or to manage our advertising on other sites. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising, or if located in the European Union, email support@solutionsinaboxinc.com. Please note you may continue to receive generic ads.
You may sign-up to receive email or newsletter or other communications from us. If you would like to discontinue receiving this information, you may update your email preferences by using the "Unsubscribe" link found in emails we send to you or by emailing support@solutionsinaboxinc.com.
We collect information for our Clients, and if you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the client that you interact with directly.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties' direct marketing purposes. In order to submit such a request, please email support@solutionsinaboxinc.com.
If you are a California resident, you also have the rights pursuant to the CCPA, as outlined in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you would like to exercise those rights, email support@solutionsinaboxinc.com. If you have any questions about this section, you can contact us at support@solutionsinaboxinc.com.
You have the right to request certain information about our collection and use of your Personal Data up to the past 12 months. We will provide you with the following information:
If we have disclosed your Personal Data for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient.
You have the right to request that we delete the Personal Data that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
To exercise the rights described above, email support@solutionsinaboxinc.com. Ensure that you (1) provide sufficient information to allow us to verify that you are the person about whom we have collected Personal Data (for example, providing us your enterprise email address used to register for the Services), and (2) describe your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify you and complete your request.
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods:
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at support@solutionsinaboxinc.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.
If you are located in the EU, United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”). For more information about Solution in a Box’s compliance with GDPR, please visit our page dedicated to GDPR.
We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on the www.fyigtm.com website, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, your choices and rights regarding such use, please do not hesitate to contact us at support@solutionsinaboxinc.com.
The following is a list of cookies we use and the categories they fall into.
These cookies allow us to count visits and traffic sources so that we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information that these cookies collect is aggregated and therefore anonymous.
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__hssrc |
fyigtm.com |
/ |
First-party |
Session |
This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. |
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__hssc |
fyigtm.com |
/ |
First-party |
30 minutes |
This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. |
|
__hstc |
fyigtm.com |
/ |
First-party |
6 months |
This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. |
These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies, some or all of these services may not function properly.
|
hubspotutk |
fyigtm.com |
/ |
First-party |
6 months |
This cookie name is associated with websites built on the HubSpot platform. HubSpot report that its purpose is user authentication. As a persistent rather than a session cookie it cannot be classified as Strictly Necessary. |
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in, or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will then not work. These cookies do not store any personally identifiable information.
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__cf_bm |
.hubspot.com |
/ |
Third-party |
30 minutes |
This cookie is used to distinguish between humans and bots. This is beneficial for the website, in order to make valid reports on the use of their website. |
|
wf-csrf |
b2bicp.com |
/ |
First-party |
Session |
|
|
wf-csrf.sig |
b2bicp.com |
/ |
First-party |
Session |
Our websites may use social media features, such as the Facebook, Twitter, or LinkedIn button or multimedia content like “YouTube” and other sharing widgets (“Social Media Features”). Social Media Features may allow you to post information about your activities on our website to outside platforms and social networks. Social Media Features may also allow you to like or highlight information we have posted on our website or our branded social media pages. Social Media Features are either hosted by each respective platform or hosted directly on our website. To the extent the Social Media Features are hosted by the platforms themselves and you click through to these from our websites, the platform may receive information showing that you have visited our websites. If you are logged in to your social media account, it is possible that the respective social media network can link your visit to our websites with your social media profile.
Note that interactions you have with Social Media Features are governed by the privacy policies of the companies providing them, so it is important that you review their privacy and security policies.
Most web browsers allow you to control cookies from within the settings menu. We have provided information about how to control cookie settings for the most popular browsers below.
Find out how to manage cookies on popular browsers:
To find information relating to other browsers, visit the browser developer's website.
While some internet browsers offer a “do not track” or “DNT” option that lets you tell websites that you do not want to have your online activities tracked, these features are not yet created against any common standard adopted by industry groups, technology companies, or regulators. Therefore, we do not currently commit to responding to browsers’ DNT signals with respect to our websites. Solutions in a Box will monitor developments around DNT browser technology and the implementation of a standard.
To find out more about cookies, including how to see what cookies have been set, visit About Cookies or All About Cookies.
Interest-based advertising is a way of serving advertisements on the websites you visit and making them more relevant to you and your interests. Shared interests are grouped together based upon previous web browsing activity and web users are then served advertising which matches their shared interests. In this way, advertising can be made as relevant and useful as possible. Relevant ads can also be delivered based upon website contents, including products you have recently been viewing (known as “retargeting”). If this analysis infers a particular interest, a cookie or similar technology is placed in your computer.
Such cookies are categorized as non-essential cookies because they are used for advertising purposes and are not strictly necessary to operate our website. Therefore, you have the ability to control their use and your advertising experience online.
Each business will provide you with more detail about information that they collect and use and this will be available by clicking on the AdChoices icon (see below) that is in the ads that you may see on websites.
Alternatively, you can make choices centrally about interest-based advertising from participating third parties. See your choices below:
If you wish to opt out of interest-based advertising from us, please contact us at support@solutionsinaboxinc.com. Please note you may continue to receive generic ads.
Google customers (i.e. Solutions in a Box) use tags on web pages and on mobile apps to enable the use of Google measurement products that help us understand your needs and, optionally, personalize your experience and offer relevant advertising.
Google Analytics collects first-party cookies, data related to the device/browser, IP address, and on-site/app activities to measure and report statistics about user interactions on the websites and/or apps that use Google Analytics. When we use Google Analytics Advertising Features, Google advertising cookies are collected and used to enable features like remarketing on the Google Display Network.
Google prohibits customers from sending personal data, and Solutions in a Box adheres to this. However, use of cookies does fall into scope of privacy laws, so you have the option to prevent the use of cookies for our analysis or advertising purposes.
To opt out of being tracked by Google Analytics across all websites, download the Google Analytics Opt-out Browser Add-on
General Data Protection Regulation (GDPR) is a European Union regulation that establishes a new framework for handling and protecting the personal data of EU-based residents. It is the most comprehensive EU data privacy law in decades and has been in effect since May 25, 2018.
Besides strengthening and standardizing user data privacy across the EU nations, it will require new or additional obligations on all organizations that handle EU citizens’ personal data, regardless of where the organizations themselves are located.
GDPR is intended to offer protections for you or any identifiable natural person (the “Data Subject”) regarding your information (your “Personal Data”). You, as a Data Subject, have broad rights, whether you are identified directly or indirectly through interaction context in which your information was captured.
Under GDPR, you opt in to have an organization (the “Data Controller”) process your Personal Data. Data Controllers must obtain your consent before they can process your data.
Unless specifically authorized, GDPR prohibits processing of certain special categories of data such as race, ethnicity, political and religious beliefs, sexual orientation, genetic and biometric data. Solutions in a Box does not acquire or process any data belonging to these categories.
If you consented to a Data Controller processing your Personal Data, you may then request the following:
You, as a Data Subject have the right to have any errors on inaccuracies of Personal Data corrected. Your Data Controller shall implement such requests without undue delay.
You have the right to have your Personal Data erased or forgotten. Your Data Controller shall remove your personal data and confirm deletion via a notification to you. Data Controllers are also required to maintain these transactions.
You have the right to have your Personal Data exported and provided to you in complete form.
In the event of a data breach and your Personal Data is compromised, your Data Controllers are required to notify you at least within 72 hours.
Solutions in a Box is committed to partnering with its customers and users to ensure that Solutions in a Box is fully compliant with the requirements of GDPR. Solutions in a Box recognizes your rights under GDPR and will ensure that these rights are honored, and your Personal Data is protected.
We’ll continue to monitor the guidance around GDPR compliance from privacy-related regulatory bodies, and will adjust our plans accordingly if it changes. We’ll provide you with regular updates along the way so that you’re always current.
Protecting our customer's information and their user's privacy is extremely important to us. As a cloud-based company entrusted with some of our customer's most valuable data, we’ve set high standards for security.
3.2 International Data Transfers: Contractual Terms
To comply with E.U. data protection laws around international data transfer mechanisms, Solutions in a Box utilizes the European Union Model Clauses, also known as Standard Contractual Clauses, to meet adequacy and security requirements for our customers who operate in the EU.
Your personal data may enter Solutions in a Box’s processing scope in multiple ways. Based on how your personal data is consented to, who has control over the data and has responsibility for protecting and administering your rights, Solutions in a Box is either a Data Controller or a Data Processor. This section describes Solutions in a Box’s role as a Data Controller and explains how you can interact with Solutions in a Box in that role.
When you interact with Solutions in a Box via its marketing and sales development outreach programs as a website visitor, webinar participant or asset downloads, Solutions in a Box is the primary Data Controller from GDPR perspective. In these cases, Solutions in a Box is responsible for obtaining your consent and providing means for exercising your data rights.
Solutions in a Box also ensures that any additional data it procures from third party services is obtained by that third party after obtaining your consent.
If you had previously provided consent to Solutions in a Box to collect your personal data, you may choose to withdraw that consent at a later point. Please send an email request to support@solutionsinaboxinc.com or any of our affiliate brand support emails and we will implement the request, and provide a confirmation of your consent withdrawal via a reply email to your email address. The acknowledgement email will also provide you with consequences of withdrawing your consent.
During the course of your registration process, we may offer certain preferences that control privacy of your data. Additionally, some registration processes may offer submission of certain data as optional items. You may choose not to provide optional data, but if you do provide them, Solutions in a Box will track your submissions. Additionally, Solutions in a Box will honor your choices and will ensure that these preferences and optional data are part of the data that you have access to via GDPR framework based requests.
Solutions in a Box does not sell your Personally Identifiable Information to any other third party organization. Solutions in a Box also does not transfer the rights to your personal data to any other party nor does it use the data other than the original intent. Any transfer to a third party is solely intended for the processing of data and Solutions in a Box has secured agreements with downstream Data Processors to protect Personal Data and enforce GDPR data rights for you.
As part of GDPR you have the right to request all Personal Data about you to be made available to you. We will provide:
You may submit a request to delete all data about you. Solutions in a Box will comply with this request, but will use your email to send a confirmation notice that we performed the requested action.
To submit a request pursuant to any of the above, please email support@solutionsinaboxinc.com to complete the request form and a member of the Privacy Team will respond to you.
We will notify you if your Personal Data was compromised via a breach using all methods of contact information we have about you, within 72 hours. This includes any breach that was caused by a Data Processor that Solutions in a Box has authorized to process your data.
Solutions in a Box has put in place best-in-the-industry processes for providing you the rights to your personal data, per GDPR guidelines. In the event that you are not satisfied with our resolution of your requests, you have the right to file a complaint. Please email support@solutionsinaboxinc.com to file a complaint. You also have a right to file a similar complaint with a supervisory authority for the jurisdiction you are in and seek appropriate remediation.
Your personal data may enter Solutions in a Box’s processing scope in multiple ways. Based on how your personal data is consented to, who has control over the data and has responsibility for protecting and administering your rights, Solutions in a Box is either a Data Controller or a Data Processor. This section describes Solutions in a Box’s role as a Data Processor and explains how you can interact with Solutions in a Box in that role.
If we are processing your Personal Data on behalf of your employer or the organization, you may send an email support@solutionsinaboxinc.com and Solutions in a Box will forward the request to your employer. Any final action on the request will need to be approved by the employer (the Data Controller). Solutions in a Box will assist the Data Controller in expeditiously completing the request.
When Solutions in a Box processes and displays your personal data, that data was acquired from your employer or organization that you interact with. If it is personal data that you submitted to your employer, you provided consent to your employer to that data for their business purpose. If it is personal data that Solutions in a Box’s customer obtained in the process of conducting business with you or your employer, they rely on your consent to use the data for business purpose. As an example, if you are a purchaser of a product from Solutions in a Box’s customer, your relationship to our customer would be that of a vendor, and in furthering that relationship, our customer would have acquired your personal data.
To withdraw an earlier consent that you provided, contact your employer or the organization to which you provided the original Personal Data. Solutions in a Box will not be able to alter your consent, as we are the Data Controller.
To request your Personal Data, please email support@solutionsinaboxinc.com. For data processed by Solutions in a Box, we will forward your request to your employer (the Data Controller), who will then initiate a request to provide that information. Since Solutions in a Box’s role is only that of a Data Processor, Solutions in a Box will not be able to provide your Personal Data directly.
In the event of a data breach, Solutions in a Box, as a Data Processor, is required to notify your employer/organization that there was a data breach. Your organization will then notify you regarding the breach, its impact and potential remedies. Solutions in a Box will not notify you directly.
To request an export or erasure or update of Personal Data held by Solutions in a Box, please send your request to support@solutionsinaboxinc.com. We will forward your request to your employer/organization, who will then initiate a request to Solutions in a Box to complete the request. Since Solutions in a Box’s role is only that of a Data Processor, Solutions in a Box will not be able to perform these actions directly.
For filing a complaint related to personal data processed by Solutions in a Box, use the complaint portal/form of your employer or organization (the Data Controller). Solutions in a Box will assist the Data Controller in resolving the complaint, but will not take any action until and unless such action is authorized by the Data Controller.
Solutions in a Box as a Data Processor has engaged the services of the following sub-processors. Some or all of your personal data may be transferred to them. All such transfers are governed by Master Service Agreements and GDPR agreements (via Data Processing Addendum) that establish the scope of processing as well as legal basis for such processing. Solutions in a Box requires its sub-processors to perform the specified processing only for the purposes of delivering the services that are part of the agreement.