RIGHTS OF USAGE, PRIVACY
The Documentation, the Service and all components thereof, including, without limitation, the
PERSONYZE tracking code, the structure and organisation of the Reports, PERSONYZE’s Confidential
Information, PERSONYZE APIs, any other PERSONYZE information and materials, and all worldwide
intellectual property rights in the foregoing, are the exclusive property of PERSONYZE, its licensors
and/or its suppliers. PERSONYZE, its licensors and/or its suppliers reserve all rights not expressly
granted to you in this Agreement. As between PERSONYZE and you, all data collected and analysed by
the Service for your Account (“Client Data”) and all worldwide intellectual property rights in Client Data,
are your exclusive property. PERSONYZE may use Client Data to modify and improve the Service,
PERSONYZE business, PERSONYZE technology or provide additional services. However, PERSONYZE
will not use any particular data that is identifiable to you (i.e., it has not been “anonymised” to remove
references to you). Client Data shall exclude any personal financial or health information of any nature
or any other personally identifiable information that could be legally considered private or sensitive,
including, without limitation, social security numbers, individual medical information, drivers license
numbers, birth dates, bank account numbers, passwords, and credit card numbers. The PERSONYZE
tracking code and the Service may contain or be distributed with third-party software covered by an
open source software license or other third party software license, and the terms and conditions of this
license do not apply to such third-party software. PERSONYZE does not incorporate into the Service any
third party product, software or other materials for which the intellectual property rights are not
owned solely by PERSONYZE or for which PERSONYZE has not properly obtained a license to the
intellectual property rights from such third party.
By accessing or using the Service, you have authorised PERSONYZE to collect, store, and process Client
Data subject to the terms of this Agreement. You shall ensure that during your and all Users’ use of the
visitors to the Client Website that such Website, application and/or device is tracked and analysed by an
analytics and optimisation service, and informs visitors of the methods by which their usage
information is being collected and the way in which such information is being used. You shall ensure
that the collection, storage and processing of such Client Data, as provided in this Agreement will at all
times comply with (a) your own policies regarding privacy and protection of user information, and (b)
all applicable laws, rules and regulations, including (i) those related to processing, storage, use, reuse,
disclosure, security, protection and handling of visitor or user information and data, and (ii) applicable
export and import control laws and regulations. You agree not to use the Service to collect, upload,
transmit, store, deliver or provide PERSONYZE with access to, any personal financial or health
information of any nature or any other personally identifiable information that could be legally
considered private or sensitive, including, without limitation, social security numbers, individual medical
information, drivers license numbers, birth dates, bank account numbers, passwords, and credit card
numbers. You agree to indemnify PERSONYZE, its directors, officers, employees and authorised agents
from all losses (including reasonable attorneys’ fees), actions or claims brought by a third party to the
extent that such losses, actions or claims arise out of your or any User’s breach of this Section 8 or
Section 3 above, or any Client Data.
2. CLIENT DATA
PERSONYZE shall maintain industry-standard security controls over resources it maintains to provide
the Service, in order to protect the confidentiality, privacy, integrity and availability of Client Data.
During the Term of this Agreement, PERSONYZE shall keep and store the Reports included in Client
Data as set forth in the Data Retention Policy posted at www.personyze.com. Notwithstanding any
provision to the contrary stated herein, (i) PERSONYZE does not have any obligations to retain, store,
deliver or provide access to any Client Data other than as expressly stated herein, (ii) PERSONYZE will
not deliver or provide you with access to the raw collected data included in Client Data that is used to
generate Reports, and (iii) PERSONYZE’s obligations to keep and store Client Data shall terminate with
the expiration or earlier termination of the applicable Service.
You may transmit, copy, extract or otherwise remove Client Data from PERSONYZE Service servers as
provided as part of the Service or using a third party or your application to interface with the Service.
PERSONYZE is not responsible in any way for any Client Data once such Client Data is transmitted,
copied, extracted and/or removed from PERSONYZE Service servers by you or a third party authorised
by you. You, or a third party authorised by you, may also upload, copy or transmit data collected from
other sources other than Client Websites to PERSONYZE Service servers. Such data, once uploaded in to
PERSONYZE’s Service servers, will be deemed Client Data, and as such, it shell be governed by this
Agreement. Also, it will be calculated in your total usage of the Service. Your use of any PERSONYZE
application program interface (“API”) for purposes of transmitting, copying, extracting, removing or
uploading data to or from PERSONYZE Service servers, or to develop one or more applications based on
such PERSONYZE API, is subject to the usage terms provided with the API documentation. If you install
or enable one or more third party application(s) for use with your Account on the Service, you
acknowledge that PERSONYZE may allow providers of those third party applications to access Client
Data as required for the interoperations of such third party application with the Service. PERSONYZE is
not responsible for any disclosure, modification or deletion of Client Data resulting from any such
access by third party application providers.
Each party may have access to information that is confidential and proprietary to the other party
(“Confidential Information”). Confidential Information shall include any information that is clearly
identified in writing at the time of disclosure as confidential as well as any information that, based on
the circumstances under which it was disclosed, a reasonable person would believe to be confidential.
PERSONYZE’s Confidential Information shall include, but not be limited to, the Service, formulas,
methods, know-how, processes, designs, new products, developmental work, marketing requirements,
marketing plans, licensee names, prospective licensee names, the terms and pricing under this
Agreement, and the results of any comparative or other benchmarking tests with respect to the
Service, in each case regardless of whether such information is identified as confidential. Confidential
Information includes all information received from third parties that the disclosing party is obligated to
treat as confidential and oral information that is identified by the disclosing party as confidential. This
obligation of confidentiality does not apply to (i) any information that is or becomes a part of the public
domain through no act or no omission by the receiving party, (ii) was in the receiving party’s lawful
possession prior to the disclosure without any restriction on disclosure, or (iii) is independently
developed by the receiving party without use of or reference to such Confidential Information. If the
receiving party is required to disclose such Confidential Information to any court or government
authority, then the receiving party hereby agrees to provide the disclosing party with sufficient written
notice prior to the receiving party’s disclosure. SUCH OBLIGATIONS OF CONFIDENTIALITY SHALL
SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Each party agrees not to (a) make Confidential Information available in any form to any third party
except to such party’s employees, contractors, agents or service providers who are required to have
access to that information in order to allow such party to exercise its rights or perform obligations
under this Agreement, or (b) to use the Confidential Information for any purpose other than in the
performance of this Agreement. Each party agrees not to disclose the results of any performance tests
of the PERSONYZE Service to any third party. Each party agrees to take all reasonable steps to ensure
that Confidential Information is not disclosed or distributed by such party’s employees or agents in
breach of this Agreement. Upon request of the disclosing party, the receiving party will destroy the
disclosing party’s Confidential Information, other than archival back-up copy.
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