Last Updated: April 1, 2020.
PREAMBLE
Damotech Inc. is committed to protecting the privacy of all the individuals using its website, software, products and services. This Privacy Policy describes how we collect, use, disclose and transfer the information that you provide to us, that we collect about your company and warehouse, or that we collect about you when you access and use our website/online software at damotech.com (the "Website") or when you access and use one of our Services (the “Services”) through the intermediary of one of our Customers.
By using, visiting or otherwise accessing Damotech’s Website or Services in any way (including by filling out forms, responding to surveys, viewing, downloading or uploading any content or material made available via the website or the services or by browsing), you expressly consent to the collection, use, disclosure and processing of information, including your data (which may include personal information) in accordance with the terms of this Privacy Policy. If you are located outside of Canada, your data may be transferred through Damotech’ Customers to Damotech’ servers located in Canada for processing purposes. By using our website or submitting any data through Damotech’ services or otherwise, you consent to this transfer and to the processing of your data in Canada. YOU MAY OPT OUT AT ANY TIME IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY OR CHOOSE NOT TO PROVIDE ANY ADDITIONAL INFORMATION. IF YOU DO NOT AGREE WITH THIS POLICY, DO NOT ACCESS OUR WEBSITE OR USE ANY OF OUR SERVICES.
1. DEFINITIONS
These definitions should help you understand this policy.
When we say “we”, “us”, “our” or “Damotech”, we are referring to Damotech Inc. a Canadian company, located at 3620 Des Grandes Tourelles Avenue, Boisbriand, Quebec J7H 0A1, Canada and any of our corporate affiliates. We are the owner of the Website.
When we say “Customer”, we are referring to a person or company that has subscribed to one of our Services.
When we say “Visitor”, we are referring to a visitor to our website or user of our software.
When we say “you” or “your” we are referring either to a Customer, a Visitor depending on the context.
When we say “Services” we are referring to any services rendered by our employees or Damotech platforms.
When we say “Privacy Policy” we are referring to this privacy policy which may be changed in accordance with its terms, as updated from time to time.
When we say “Personal information” we are referring to any information that identified or can be used to identify an identifiable individual or company. Personal information includes such things as name, email, address, occupation, as well as other company related information.
This Privacy Policy applies to data that may be collected through the use of Damotech’ own Website or through Damotech’ platform. We invite you to read the privacy policy of our Customers to understand how they process your data and Personal information.
2. HOW WE COLLECT AND USE YOUR INFORMATION
We collect information about you when you provide it directly to us, when you use one of our Services or when another person provides us with your information. We also gather certain information automatically as explained in Section 2.3 below.
We collect data directly from Visitors and from our Customer.
2.1 Data collected from Visitors or Customers
Data collected from Visitors
You may be asked to provide Personal information in exchange for access to white papers or other downloadable content on our Website. The data collected may include name, email addresses, mailing address, phone number, title and company, IP address, location and other related information.
We may use this information for sales and marketing purposes, to respond to your inquiry, and to follow up with you about the products and services in which you have expressed an interest or correspond with you if necessary.
If you have subscribed to our emails or to our blog, we will also send information to you regarding content, tips, products
Data collected from our Customers
If you are one of our Customers, you can create an account on the Website to access the Services you subscribed to. During the registration process, you will be asked to submit Personal information about yourself (such as your name and email address). This information, as well with any other Personal information collected during our contractual relationship, will be used to provide you with our Services and technology solutions in accordance with the agreement executed between your company and us. This includes giving you access to our Services, providing customers’ support, communicating with you about your use of the services. We can also use this information to
2.2 Automatically collected data
We gather certain information automatically and stores it in log files. This information may include internet protocol (IP) addresses of Respondents, Customers and Visitors, browser type, internet service provider (ISP), mobile carrier, mobile device, operating system, referring/exit pages, the URLs of sites from which a Visitors arrives or leaves a website, date/time stamp, and clickstream data. We use this information to analyze trends, to monitor the effectiveness of marketing efforts, including which websites refer the most people to Damotech, to understand Visitors’ movements around Damotech’s website, and to improve the quality of the Services and Website performance, to aid solving technical problems, and to gather demographic information about Damotech’s Visitors base as a whole (the IP addresses are analyzed in the aggregate). We do not link this automatically-collected data to other information we collect about you, except where you have chosen to provide it. We retain data collected in a database used only for internal purposes and does not sell data collected to third parties.
We may also generate, use and disclose aggregated and/or anonymized information and statistics about the Website for marketing and strategic purposes. However, no individual will be individually identifiable from these aggregated and/or anonymized information and statistics.
2.3 Information from Third Parties
We may collect your personal information from third parties when you authorize those third parties to share your information with us. We can also receive information about you and your activities on and off the Services from a third-party partner, such as advertising and market research partner who provide us with information about your interest in and engagement with our Services and online advertisements. We can also receive your contact information from a Customer who will allow you to access our Services as one of the Customer’s
2.4 Cookies and others tracking technologies
We use Cookies and other technologies to help personalize and improve our Visitor’s online experience and the overall quality of the Services. “Cookies” are software methods and protocols used for storing data in a web browser. For the purpose of this document, Cookies refers to both HTTP Cookies as defined by the IETF and the local and session storage methods of the Web Storage specification as defined by the World Wide Web Consortium. Cookies cannot be used to run programs or deliver viruses to your computer or device. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. Damotech may use a third-party tracking service that uses images, scripts, page tags (also known as web beacons) and other tracking technologies to track non-personal information about visitors to our Website in the aggregate. This data includes Visitors statistics. We will not request, access or otherwise track any location-based information from your mobile device. In the course of serving advertisements or optimizing the Services to Visitors, we may allow authorized third parties to place or recognize a unique cookie on your browser for the enhancement of your Visitor experience by providing more relevant advertising. If you want more information about cookies and how to control or disable cookies, you can visit our cookies policy. If you reject cookies, you may still use our services, but your ability to use some features or areas of our services may be limited.
2.5 Blogs, forums, testimonials, social media widgets
Our Website may offer publicly accessible blogs or community forums, you should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your information from our blog or community forum, contact us.
We may contact you to request your permission to post testimonials on our website that you may submit to us from time to time.
Our website and some surveys include social media features, such as the Facebook “Like” button and Widgets, such as the “Share this” button or interactive mini-programs that run on our website. These features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the third-party company providing it.
3. HOW WE SHARE INFORMATION WE COLLECT
We do not sell or rent your data to a third-party. We only share your data as specifically provided into this privacy policy.
3.1 Sharing with our Partners
We may provide your data, including your Personal Information, to companies that provide Services to help us with our business activities (our “Partners”). These services may include, for example, website analytics, hosting services, email services, distributors or installers. We have written agreements with all of our Partners authorizing them to use your data only as necessary to provide these services to us. Our Partners are bound by strict confidentiality and non-disclosure obligations to ensure your data is adequately safeguarded. These Partners may transfer your data outside of the country from which you are accessing this Website including but not limited to the USA, and they may be required to disclose Personal information under the laws of their jurisdiction.
3.2 Other websites
The Website may contain links to other websites, such as Facebook or LinkedIn which are outside our control and are not covered by this Privacy Policy. If you access other sites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy policy, which may differ from ours. We encourage you to be aware when you leave the Website and to read the privacy policies of every website that collects Personal information.
3.3 Other disclosures
In addition to any disclosure you may have consented to or permitted under the terms of this Privacy Policy, we may transfer your data, including Personal information to third parties in the following limited circumstances: 1) information you expressly consent to be shared; 2) when relating to anonymized information (individuals cannot be identified by it); 3) when you decide to make the information indexable by search engines, to share or to distribute the information to people or otherwise to make it available to the public; 4) to satisfy any applicable law, regulation, legal process or enforceable governmental request within or outside your country of residence when we have a good faith belief that the law requires it; 5) to enforce this Privacy Policy, the Terms of Use, or a service agreement, including investigation of potential violations thereof; 6) to detect, prevent, or otherwise address fraud, security or technical issues, or protect the operations or Visitors; 7) to protect the rights, property or safety of Damotech, our Visitors, the public, or others; 8) in connection with an acquisition, merger, change in control, debt financing, reorganization, sale of assets, bankruptcy or other change of our’ corporate structure or status; or 9) sweepstakes administrators, as necessary in connection with the performance of requested services or solutions, or as otherwise appropriate in connection with a legitimate need.
3.4 International transfer
Damotech is a Canadian based company. Your information may be accessed by employees, Customers and Partners, transferred to, and/or stored in any country in the world, including outside Canada and the EEA for the purposes set out in this Privacy policy. Such countries may have lower data protection standards than Canada and countries within the EEA, and our Customers and Partners may be required to disclose personal information under the laws of their jurisdiction. However, we will ensure that data protection requirements applicable to where the information was collected are imposed on the recipient when it receives and uses such exported information.
4. HOW TO ACCESS AND CONTROL YOUR PERSONAL INFORMATION
4.1 Customer and Visitors of Damotech website
If you are a Customers or Visitor, contact us
4.2 If you are an EEA resident
You have specific rights regarding the handling of your information under the EU General Data Protection Regulation. The data controller of your personal information must reply to your request relating to: your right to be informed; your right of access; your right to rectification; your right to erasure; your right to restrict processing; your right to data portability; your right to object and your rights in relation to automated decision making and profiling. Some of your rights may be subject to some limitations or exceptions.
EEA Customer or EEA Visitors
If you are a Customer or a Visitors of our Website, we are the data controller of your information. Please contact us at support@Damotech.com, with your name, email address, your quality: Customer or Visitor and any additional information we would need to reply to your request and we will reply to your request in a 30 days delay.
4.3 If you are a California resident
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of Personal information shared with third parties and used for direct marketing purposes and the name and address of the third parties that received such Personal information. If you are a California resident and want a copy of this notice, please submit a written request at support@Damotech.com or to the following address: Damotech
5. HOW WE STORE AND SECURE YOUR INFORMATION
We take all reasonable precautions to protect against loss and misuse, as well as unauthorized access, alteration, disclosure or destruction of Personal information using
Any supplied sensitive/credit information provided is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our PCI Compliant Payment gateway providers’ database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential. After a transaction, information such as credit card numbers
We restrict access to Personal information to our employees, contractors
6. HOW LONG WE KEEP YOUR INFORMATION
We will retain Personal information of our Visitors and Customers for as long as it is
7. CHILDREN
Our Website and Services are not designed or intended for use by children under 16 and we do not intentionally or knowingly collect data from children under 16 or allow them to register, although the sites we survey may offer children’s services for purchase by adults. If you are under 18, you should not participate or use any of our Website or Services unless a parent or guardian is present. Children under 16 may not submit any information to us, and if we discover that we have inadvertently gathered any such information for a child under 16 or such child has created an account, we will take steps to delete any such information and close that account as soon as possible. Children over 16 should only provide us with information if they have explicit permission from a parent or legal guardian. If your child has submitted information, and you wish to review, change and/or delete such information as well as refuse to allow any further collection or use of the child’s information, or if you have reason to believe that this has occurred involving a child under 16, please contact us: support@Damotech.com.
8. CHANGES
We reserve the right to modify this Privacy Policy at any time. All changes will be posted on our Website and any other places we deem appropriate so that you can be aware of how we process the data we collect. Changes become effective immediately upon posting. If you object to any changes, you may cancel, deactivate your account, if any, or not respond to a survey.
9. HOW TO SUBMIT PRIVACY-RELATED INQUIRIES AND COMPLAINTS
If you have questions related to this Privacy Policy, please email us
Damotech Inc.
3620 Des Grandes Tourelles Avenue, Boisbriand, Quebec, J7H 0A1, Canada.
When contacting us, please be sure to provide us with your exact email address, name, address, and/or telephone number(s) so that we may handle your request appropriately.
If you are a resident of the EEA and have an unresolved privacy or Personal information collection, use, or disclosure concern that we have not addressed satisfactorily, please contact the EU Data Protection Authorities.
Last Updated: November 26, 2018.
PREAMBLE
PLEASE READ THIS AGREEMENT CAREFULLY. CAPITALIZED WORDS OR EXPRESSIONS SHALL HAVE THE MEANING ASCRIBED TO THEM IN THIS AGREEMENT. THIS IS AN AGREEMENT BETWEEN YOU AND DAMOTECH® EFFECTIVE AS OF THE EFFECTIVE DATE. THIS AGREEMENT GOVERNS THE USE OF THE WEBSITE, THE SERVICES AND OTHER PRODUCTS AND SERVICES.BY USING, VISITING OR OTHERWISE ACCESSING THE WEBSITE OR THE SERVICES IN ANY WAY (INCLUDING BY RESPONDING TO SURVEYS OR OTHER COMMUNICATIONS RECEIVED FROM OTHER USERS OF THE WEBSITE AND/OR THE SERVICES, BY VIEWING, DOWNLOADING OR UPLOADING ANY CONTENT OR MATERIAL MADE AVAILABLE VIA THE WEBSITE OR THE SERVICES OR BY BROWSING), YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT (I) YOU ARE 18 YEARS OF AGE OR OLDER, (II) YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT. IF YOU DO NOT AGREE, YOU SHALL NOT USE, VISIT, SUBSCRIBE OR OTHERWISE ACCESS THE WEBSITE, SERVICES AND/OR INFORMATION CONTAINED ON THE WEBSITE. IF YOU ARE A USER LOCATED IN A COUNTRY EMBARGOED BY CANADA AND/OR UNITED STATES, OR ARE ON THE U.S TREASURY DEPARTMENT’S LIST OF SPECIALLY DESIGNATED NATIONALS, YOU ARE NOT PERMITTED TO USE, VISIT, SUBSCRIBE OR ACCESS THE WEBSITE, SERVICES AND/OR INFORMATION CONTAINED ON THE WEBSITE
YOUR USE, VISIT, SUBSCRIPTION OR ACCESS TO THE WEBSITE AND/OR SERVICES MAY INVOLVE THIRD PARTY SERVICES GOVERNED BY SEPARATE AND/OR SUPPLEMENTARY TERMS APPLICABLE MORE SPECIFICALLY TO THEM. YOU MUST READ AND AGREE TO BE BOUND BY THESE SEPARATE OR SUPPLEMENTAL TERMS GOVERNING THE USE OF SUCH THIRD-PARTY SERVICES AS A CONDITION OF USING THE PARTICULAR WEBSITE AND/OR SERVICES.
The parties hereto agree as follows:
DEFINITIONS
Whenever used in this Agreement, the following terms have the meaning ascribed to them below and all other terms not defined in this Section 1 shall have the meaning ascribed to them in this Agreement:
1.1. “Agreement” means these Terms of Use which may be updated from time to time by Damotech.
1.2. “Content” means all audio, data, images or graphic files, video, written text, messages, survey questions and responses, sound, music, multimedia, documents, advertisements, photographs and any other information or materials that are uploaded or otherwise provided by You or on Your behalf, or by any Users through You or directly, in connection with Your or the Users’ use of the Website or the Services. Content does not include Damotech Proprietary Material, the Software, Third Party Items, content licensed or otherwise supplied to You by Damotech or by third party service providers, or data generated by Damotech or third party service providers in the course of providing services or data collected by Damotech pursuant to other agreements that You or other Users may have with Damotech.
1.3. “Customer” means Damotech’ customer to who Damotech licenses the Services.
1.4. “Documentation” means the user documentation related to the use of the Website or the Services, as applicable, generally made available by Damotech to its Customers.
1.5. “Effective Date” means the User's first date of use, visit or access (including by responding to surveys, viewing, downloading or uploading any content or material) to the Website.
1.6. “Damotech” means Damotech, Inc., located at 3620 Des Grandes Tourelles Avenue, Boisbriand, Quebec, J7H 0A1, Canada or any other successor location.
1.7. “Damotech and Others” means Damotech and its affiliates, its subsidiaries and their respective directors, officers, employees, agents, resellers, partners, service providers, suppliers, successors and assigns.
1.8. “Damotech Trademarks” means graphics, logo, service marks, name or any other trade name, icon or mark identifying Damotech’ products and/or services (including the Services) and domain names that Damotech owns or licenses.
1.9. “Privacy Policy” shall mean Damotech’ Privacy Policy which can be found by clicking on the “Privacy Policy” hypertext link located at the bottom of the respective Web page of the Website which may be changed in accordance with its terms, which is incorporated herein by reference and which You, on Your behalf and on behalf of the other Users, as the case may be, hereby acknowledge having read and accepted in its entirety.
1.10. “Products and Services” shall have the meaning ascribed to it in Section in Section 11.
1.11. “Proprietary Material” means Website (including, without limitation, all information and screens appearing on the Website, including documents, database, website design, text, graphics, images and icons, as well as the arrangement thereof, its features, functions), Services, content, material and tools, disclosed or supplied by Damotech or by its representatives, Damotech Trademarks, Third Party Items, transactional and performance data related to use of the Services and all copies thereof, including all related modifications, enhancements or derivative works, and any and all related Intellectual Property Rights therein.
1.12. “Services” means any products and services provided to Customers by Damotech or by any of its agent, reseller or partner.
1.13 “Service Level Agreement” or “SLA” means the service level commitments Damotech makes to You during the Subscription Term, which may be changed at any time by Damotech.
1.14. “Service Plans” means the plans for Services, each designated as the “Free”, “Plus”, “Premium” or “Professional” plan as described on the Website or any successor name. Each Service Plan may be changed from time to time by Damotech.
1.15. “Software” means Damotech hosted tools and object code version of software products provided to You as part of the Services under this Agreement on a standalone basis or as a component of the Services. This expression includes the Documentation and all upgrades, updates, improvements, modifications, refinements, or enhancements, extensions and revisions thereto. This expression “Software” shall not include any Third Party Software, unless expressly provided otherwise in this Agreement. Damotech will host and retain physical control over the Software and make it available only through the Services. Notwithstanding anything to the contrary in this Agreement, no provision under this Agreement shall obligate Damotech to deliver or otherwise make available any copies of computer programs or code from the Software, whether in object code or source code form.
1.16. “Subscription Fees” shall mean the subscription fees You are required to pay under any of the Service Plans.
1.17. “Subscription Service Agreement” or “SSA” means the Subscription Service Agreement between Damotech and a Customer to access any of the Service Plans.
1.18. “Terms of Use” » means these online Terms of Use issued by Damotech which may be changed at any time by Damotech in accordance with its terms.
1.19 “Third Party Items” means collectively Third Party Services, Third Party Software and Third Party Trademarks.
1.20. “Third Party Services” means online or offline applications, software products for third party services and/or websites which interoperate with the Services and are provided or operated by third-party entities or individuals, including any updates or upgrades thereto, if so provided by the terms of such third party services.
1.21. “Third Party Software” means standalone, online or offline software product made available by a third party vendor in connection with the Services, including any updates or upgrades thereto.
1.22. “Third Party Trademarks” means the graphics, logos, service marks, and trade names, product names and brand names and domain names owned by a third party.
1.23. “Users” means You, the Respondents, and other users of the Website and/or Services, if any, as the case may be.
1.24. “You” or “Your” means, (i) you, individually, if you are agreeing to enter this Agreement in Your own capacity, or (ii) if you enter this Agreement on behalf of a company or other legal entity, means the company or other legal entity for whose benefit you act and you, individual, warrants and represents to have the authority to bind such entity to this Agreement, (iii) You have full legal authority to bind Your employer, Users and/or legal entity, as the case may be, if You are accepting on behalf of Your employer, Users and/or legal entity, as the case may be
1.25. “Your Trademarks” means the graphics, logos, service marks, and trade names, product names and brand names and domain names You own.
1.26. “Website” means Damotech.com and any other website made available to You and Your Users and operated by Damotech or by its authorized third party hosting entity acting on behalf of Damotech, and any and all sub-domains thereof.
2. REGISTRATION
Notwithstanding anything to the contrary in this Agreement, in order to use the Services under any of the Service Plans, You must register, open an Account, pay the required Subscription Fees and accept the terms of the SSA.
3. OWNERSHIP
1) You acknowledge and agree that Damotech and/or its suppliers solely and exclusively own and retain all right, title and interest in and to the Proprietary Material. Subject to the limited rights expressly licensed under Section 4, Damotech reserve all rights, title and interest in and to the Proprietary Material. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall, or shall be deemed or construed to, assign, transfer or convey to or vest in You, your affiliates, Users or any other individual or entity, any title, rights or interest in or to any intellectual property, including in or to the Proprietary Material (including, without limitation, any Software or Documentation), other than the licenses expressly granted herein.
2) Damotech is a trademark of Damotech Inc. in Canada and the United States. Other trademarks, names, and logos on the Website may be the property of their respective owners. Your use of any of the Website grant You no right or license to reproduce or otherwise use any Damotech or third-party trademarks.
3) Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
4. DAMOTECH LICENSE & RESTRICTIONS
4.1. License
Subject to Your compliance with the terms of this Agreement, Damotech grants to You a personal, limited, non-exclusive, non-transferable, without the right to sub-license, revocable license to use, visit or otherwise access the Website, upload or otherwise make available Your Content and store the same on Damotech’ servers.
4.2. Restrictions
Except as otherwise provided in this Agreement, and except to the extent applicable laws preclude such activities from being prohibited by contract, in addition to the restrictions applying to You contained in the Privacy Policy and these terms, You shall not, and You shall cause any other Users not, directly or indirectly to,
1) use the Website, Services, if any, for any reason or manner other than as permitted under this Agreement;
2) lease, license, sublicense, rent, or sell the Proprietary Material, or any part thereof, or the right to use and access the Website or Services, or any part thereof, to others;
3) bundle or incorporate the Website, Services or any part thereof, with or into any other product or service;
4) obfuscate, remove or alter any of Damotech Trademarks, Third Party Trademarks, internet links, patent, copyright, confidentiality or proprietary notices or legends or other notices or markings that are on or in the Website, Services, Documentation;
5) disclose, harvest or otherwise collect information without that party’s express consent or engage in any copyright infringement or other intellectual property infringement of any party or disclose any information in violation or breach of a contract, or that violates an individual's publicity or privacy rights;
6) copy or imitate part or all of the design, reverse engineer, layout, or look-and-feel of the Website or the Services, or any part thereof;
7) interfere with or disrupt the Website or the Services or servers, as determined by Damotech in its sole discretion;
8) use the Website or the Services to collect, process, or otherwise handle in breach of any privacy laws or any other applicable laws; and
9) upload, post, email, distribute, communicate, transmit or otherwise make available any Content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party, (iii) that User does not have the right to make available by reason of any law or contractual or fiduciary relationship (including inside information, and proprietary or confidential information obtained or disclosed in connection with an employment relationship or pursuant to a confidentiality agreement), or (iv) that comprises or includes any “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any similar form of solicitation.
5. YOUR LICENSE & RESTRICTIONS
By posting, uploading or submitting Your Content, You hereby grant to Damotech, and its affiliates, and their partners a worldwide, non-exclusive, royalty-free, sublicensable:
1) license to use, collect, disclose, process, transfer, store the Content and all intellectual property rights with respect thereto for the performance of Services in addition to other purpose for which such Content was submitted or made available to Damotech, without any compensation or obligation to You;
2) transferable, perpetual, irrevocable license to retain, use, sell, offer to sell, distribute, reproduce, modify, adapt, publish, publicly perform or display, and translate information that is not personally identifiable information gathered during the performance of Services for the purpose of assembling aggregated attitudinal and usage statistics.
6. CHANGES
Notwithstanding anything to the contrary in this Agreement, Damotech reserves the right to make changes to the terms of this Agreement as deemed necessary by Damotech.
7. OPTING OUT OF COMMUNICATIONS
Except as expressly provided otherwise in this Agreement, You and other Users have the right to opt out from receiving future communications in accordance with this Section. You can contact us, or follow the unsubscribe instructions included in each promotional email, if any, sent to You by selecting the opt-out link in the email.
8. THIRD PARTY ITEMS
8.1. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment, Internet connectivity, needed to access the Website and Services.
8.2. Damotech may make Third Party Items available to You and to other Users. Damotech does not endorse and has no responsibility, liability or obligations whatsoever relating to said Third Party Items and does not warrant or support any such Third-Party Items whether or not designated as “certified” or otherwise by Damotech.
8.3. You accept the exclusive and sole responsibility for the access or use of the Third Party Items, and such access and use are at Your and the other Users’ own risks and under the disclaimer of warranties and liability limitations set forth in Sections 11 and 12 respectively of this Agreement.
8.4. Dealings between You and any third-party in connection with Third-Party Services are between You and such third party and/or its suppliers. Without limiting the foregoing,
1) Third Party Items providers may require to pay a fee in order to use said Third Party Items; and
2) Access and Use of the Third Party Items may be subject to Your acceptance of additional terms and conditions which will governing said Third Party Items.
8.5. You hereby agree on Your behalf and on behalf of the other Users, that Damotech may allow the Third Party Items providers to access Your Content as required for the interoperation of such Third Party Items with the Services.
9. SUPPORT
Support Services are available under Your Subscribed Service Plan, if any. Such support may be more amply described in the SLA.
10. YOUR REPRESENTATIONS
You hereby represent and warrant that,
1) You have validly entered into this Agreement and have the legal power to do so. You have full legal authority to bind Your employer, Users and/or legal entity, as the case may be, if You are accepting on behalf of Your employer, Users and/or legal entity, as the case may be.
2) If You are a corporation or other legal entity, this entity is validly formed and existing under the laws of its jurisdiction and it has duly authorized You to enter into this Agreement;
3) You, or any other Users, if an individual, are/is of the age of majority in his/her place of residence;
4) You warrant that You and the other Users have the right to submit Content, and the use and publication of said Content and Feedback, if any, do not violate, infringe or misappropriate the intellectual property rights of a party or any third party. Furthermore, You own or control all of the necessary rights for the licenses granted in this Agreement;
5) You warrant that You and the other Users are not citizens of an embargoed country or a prohibited end user under applicable Canadian, U.S., or other applicable country’s export and anti-terrorism laws, regulations and lists;
6) Your and the Users’ use of the Website and the Services is in strict accordance with the Privacy Policy, with all applicable laws and regulations;
7) You and the other Users’ do not use the Website and Services for any unlawful purpose or purpose prohibited by this Agreement.
11. DISCLAIMER OF WARRANTIES
To the full extent permitted by law, the Websites (including, its features, functions, content), the products, Services or any part thereof, Third Party Items, all user survey or poll questions, responses or submission results thereto and all data or content obtained from or through the Website or Services (collectively “Products and Services”) are provided to, and accepted by You and other users (including Users) on an "as is", "with all faults", "as available" basis and without any endorsement, representation or warranty of any kind, and, without limiting the foregoing, Damotech, its affiliates, subsidiaries, service providers, directors, employees, agents, partners, resellers, suppliers expressly disclaim, with regard to the Products and Services, or any part thereof, all warranties and representations of any kind, either express or implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, workmanlike effort, lack of negligence, quiet enjoyment, interoperability with or performance of any Third Party Items, non-infringement, and title. Damotech does not warrant nor represent that the exercise of the rights granted under this Agreement or that the use of the Website, Services, Third Party Items, and other products or services, whether embedded in your product or otherwise, will not infringe, directly, indirectly or by inducement, any patent, trademark, copyright or other right of third parties. Without limiting the foregoing, to the full extent permitted by law, You understand and agree that Your use or the use by any user (including Users) of the Products and Services are at Your own risk and the risk of the other users (including Users).
12. LIMITATION OF LIABILITY
You expressly understand and agree that Damotech and Others shall not be liable for any indirect, special, consequential, punitive, multiple, exemplary, incidental or aggravated damages (including, without limitation, damages for the inability to use any service or software or access data, information or content, loss or corruption of information or data, loss of business, opportunity, profits or revenues, downtime, loss of the use of any of the Products and Services, failure to realize any expected savings, transmit or receive any data, business interruption, cost of procurement of substitute goods or service or the like), whether or not foreseeable, arising out of or related to this Agreement, the use of, or inability to use, performance or non-performance, of the Products and Services, or any part thereof, whether a claim for such damages is based on warranty, contract or tort (including negligence or strict liability) product liability or otherwise, even if an authorized representative of Damotech is advised of the likelihood or possibility of such damages. Without limiting the foregoing, and notwithstanding anything to the contrary in this Agreement, in no event shall Damotech and Others be responsible or liable for (i) the actions or omissions of any third party supplier or vendor and shall have no liability for the use of Third Party Items; (ii) any use or misuse of any account by You or any other Users, including any and all activities associated with logins and passwords, or for any unauthorized access to or alteration of any transmissions or data, any material or data sent or received or not sent or not received, or any transactions entered into through the Website or the Services or in reliance upon any information obtained through the use of the Website or the Services; (iii) the use or performance of, the delay in providing, the failure to provide, or the inability to use or access to, the Website, the Services or materials,(iv) the deletion or accuracy, failure to store, transmit or receive transmission of any content, including Content; (v) any information, software, products or services contained in or available through the Website, the Services or Professional Services, including information, software, products and services made available by other users of the said website and services; (vi) the security, privacy, storage, or transmission of other communications originating with or involving use of Website, the Services or any part thereof; or (vii) any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement or violation of a third party’s rights, including intellectual property rights.
Notwithstanding any damages that You and other Users might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Damotech and Others under this Agreement and Your and the other Users' sole and exclusive remedy for all of the foregoing and the above shall be limited to terminating this Agreement and discontinuing the use of the Website and Services and Damotech’ entire liability under this Agreement is limited to a maximum of $100.00.
The above limitations of liability shall apply to the maximum extent permitted by law.
13. INDEMNIFICATION
You, at Your sole and exclusive expense, agree to indemnify, hold harmless and defend Damotech, its affiliates, its subsidiaries, and their respective directors, officers, employees, representatives, suppliers, contractors, partners, service providers, resellers successors and assigns (each "Indemnified Party") from and against any and claims, demands, actions, proceedings or suit ("action") brought against any of the Indemnified Party and all liabilities, damages, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including, without limitation, settlement costs and attorneys' fees), relating to or arising from this Agreement, the use of the Products and Services, or any part thereof, including, without limitation, a) any violation by You or any of the Users of this this Agreement, including any breach of a payment obligation, if applicable, b) any breach of the Privacy Policy or Terms of Use, c) any Content submitted, posted or otherwise make available or obtained, stored through the use of the Website and/ or the Services, d) any actual or alleged infringement or violation of intellectual property rights, including patent infringement, relating to or incurred in connection with the Website, the Services and/or Professional Services, e) the failure to obtain all the required consents from the Users providing personally identifiable information in compliance with the applicable privacy laws, or violation of any privacy laws by Users or any other third party, f) any authorized or unauthorized use of any account or login information. Notwithstanding anything to the contrary herein, no compromise or settlement of any such third-party claim may be committed to by You or other Users without Damotech' prior written consent. No remedy herein conferred upon Damotech shall be construed to be exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.
14. TERM AND TERMINATION
This Agreement shall automatically, without notice, become effective upon the Effective Date and shall continue indefinitely until the first to occur following events: (i) You stop using the Website or the Services, (ii) a subscription or free trial, if any, expired or has terminated, (iii) if You become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, (iv) if this Agreement is terminated for convenience and in its sole discretion by Damotech; (v) following a request, an order for law enforcement, or Damotech is required to do so by law. Damotech shall have no liability for any loss and damage, compensation or claim, whether or not foreseeable, resulting from the termination of this Agreement.
15. EFFECTS OF TERMINATION
15.1 Upon termination of this Agreement, for any reason, You shall immediately cease all use of licenses granted under this Agreement, the Website, the Services, if any, the Third Party Items, if any, and,You and all other Users will lose all access to the Website, including, without limitation, to Your, data and files. Upon such termination, Damotech retains the right, in its sole discretion,
1) to provide You and other Users access to, and the ability to export, Your data for a commercially reasonable period of time at Damotech' then-current rates for the applicable service,
2) unless legally prohibited, to permanently delete any files, programs, data and email messages, without notice to You. You hereby agree to such deletion and agree that Damotech shall have no liability whatsoever for deletion of Your data pursuant to these terms;
3) Damotech shall not be obliged to retain any of Your and other Users' Content (including survey or poll results or responses) or to provide the same to Users and delete the Users’ Content from its database, but may elect to do so in its sole discretion. Without limiting the foregoing, Damotech may keep Your and other Users’ data as required by law or pursuant to any order from a court.
15.2 Upon request You will return or destroy all information Damotech and destroy any associated media. Damotech may ask You to provide written certification of the deletion and destruction.
15.3 Termination of this Agreement will not relieve You of Your obligations and will not affect any claim arising prior to such termination.
16. SURVIVAL
The following Sections shall survive the expiration or earlier termination of this Agreement: 1 (note: The definitions associated with surviving clauses); 3 (Ownership); 4.2 (Restrictions), 6 (Change), 8.3, 10 (Your representations), 11 (Disclaimers of Warranties), 12 (Limitations of Liability), 13 (Indemnification), 15 (Effects of Termination), 16 (Survival), 17 (Export Controls), 18 (Links to Other Websites), 19 (General Provisions).
17. EXPORT CONTROLS
Your use of the Services, or any related technical information or materials, including posting, or uploading Your Content, software or other content via the Services, may be subject to the export, re-export, import and/or use controls laws and regulations of Canada, the United States and other countries, and You agree to comply with all such applicable laws and regulations.
18. LINKS TO OTHER WEBSITE
Damotech may provide references, frames or hyperlinks to internet websites maintained by third parties. Damotech does not warrant that it has reviewed such third party websites and makes no claims, representations or warranties regarding such third party websites or the contents of the same. Damotech is not responsible for, nor does it endorse or recommend, any products or services provided by such third parties through such third party websites or by any other means.
19. GENERAL PROVISIONS
19.1. Notices
Any notice provided to Damotech pursuant to this Agreement should be sent to Damotech, Inc. 3620 Des Grandes Tourelles Avenue, Boisbriand, Quebec J7H 0A1, Canada, Attention: Legal Counsel.
Damotech may, at its sole option, provide You with notices, including those regarding changes to this Agreement, by email, regular mail, text message, postings on or within any of the Website or on or within the Services, if any.
19.2. Contact Us
If You have questions related to this Agreement, please email us at: info@damotech.com or write at:
Damotech Inc.
3620 Des Grandes Tourelles Avenue, Boisbriand, Quebec J7H 0A1, Canada Attention: Information Officer.
19.3. Recourses – Attorneys' Fees
1) Except as provided otherwise in this Agreement, all rights, remedies and recourses set forth in this Agreement for the benefit of Damotech (including, without limitation, in the event of termination) shall be in addition and without prejudice to all other rights, remedies and recourses available to Damotech.
2) Should Damotech resort to legal proceedings in connection with this Agreement, in the event Damotech prevails in such legal proceedings, Damotech shall be entitled, in addition to such other relief as may be granted, to recover its reasonable attorneys' fees and costs in such legal proceedings from You.
19.4. Assignment
This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, but You and other Users may not assign or otherwise transfer their respective rights or obligations under this Agreement without receiving the express prior written consent of Damotech, which may be withheld in Damotech’s sole discretion. Damotech may assign this Agreement at any time without notice. Any assignment in violation of this Section shall be null and void.
19.5. Force Majeure
Except with regards to obligations to pay sums due hereunder, neither party shall be held responsible for any delays or failure in performance caused in whole or in part by fires, strikes, floods, embargoes, labor disputes, delays or failures of subcontractors, acts of sabotage, riots, accidents, delays of carriers, voluntary or mandatory compliance with any governmental act, regulation or request, acts of God or by public enemy, or any other causes beyond the party’s reasonable control.
19.6. Applicable Laws
1) This Agreement shall be governed by, construed and interpreted in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to its conflict of law provisions, and the parties irrevocably attorn to the jurisdiction of the courts of competent jurisdiction of Montreal in respect of all matters and disputes arising hereunder. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods as well as Section 2125 of the Civil Code of Quebec. To the extent it may be applicable, You expressly exclude any applicability of the Uniform Computer Information Transactions Act.
2) Notwithstanding anything to the contrary in any statute or law to the contrary, You agree on Your behalf and on behalf of the other Users that any claim or cause of action arising out of or related to use of the Services by You or by any of the other Users must be filed within one (1) year after such claim or cause of action arose or be forever barred. You represent and warrant that You have obtained the express content for this time limitation from all other Users.
19.7. Compliance
Without limiting any of Your other obligations under this Agreement or applicable law, You and other Users shall comply with all applicable laws, including, without limitation, laws related to unsolicited commercial email defamation, intellectual property, regulations promulgated by securities and exchange commission and similar regulatory authorities throughout the world, and the rules of any securities exchange, and all privacy policies or similar policies or procedures to which You and other Users may be bound that are related to Your and Your Users’ use of the Website, Services or Third Party Items, if any.
19.8. Severability
If any provision or part of any provision of this Agreement shall be held by a Court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions or part of any provision shall remain in full force and effect and the illegal, invalid or unenforceable provisions or part of any provision shall be replaced by legal provisions or part of a provision carrying to the extent legally permissible, the intent of the parties as to such illegal, invalid or unenforceable provision or part of a provision.
19.9. No Waiver
The failure of a party to exercise any right, power or option given hereunder or to insist upon the strict compliance with the terms and conditions hereof by the other party shall not constitute a waiver of the terms and conditions of this Agreement with respect to that or any other or subsequent breach thereof nor a waiver by this party of its rights at any time thereafter to require strict compliance with all terms and conditions hereof including the terms or conditions with respect to which this party has failed to exercise such right, power or option. All waivers must be in writing and signed by a party waiving its rights.
19.10. Third Party Rights
No term of this Agreement is intended to confer a benefit on, or to be enforceable by, any person who is not a party to this Agreement.
19.11. Complete Agreement
This Agreement constitutes the complete agreement between the parties with respect to its subject matter and supersedes and replaces all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties in connection therewith.
19.12. Interpretation
1) This Agreement has been negotiated by the parties and their respective counsel and will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party.
2) The headings used in this Agreement are for convenience only and do not in any way limit or otherwise affect the meaning of any terms of this Agreement.
3) In this Agreement, words importing the singular include the plural and vice versa and words importing gender include all genders.
4) The use of the terms “includes” and “including”, and similar terms, shall be deemed not to limit what else might be included.
YOUR CONSENT
By using our websites on the damotech.com domain (our “Website”) and our online products (our “Products” ) you consent to the use of cookies in accordance with this Cookies Policy. You will have seen a mention of this in our webpage footers. You may withdraw your consent at any time by following the instructions below.
What are cookies?
Cookies are small text files, which contain small amounts of information, that are placed on your device. Your internet browser sends these cookies back to the website every time you visit the site, so the website can recognize your device. A cookie will not access any information other than the information you provide to us when you visit the website. We use Cookies and other technologies to help personalize and improve our Visitor’s online experience and the overall quality of the Services.. For more information about cookies, please visit www.allaboutcookies.org or www.aboutcookies.org.
Cookies car be divided in two main types of cookies: the first-party cookies (these are set by our Website and Products when you are visiting them), and the third-party cookies (these are set by other sites or applications). Note that this Cookies policy does not apply to, and we are not responsible for, the privacy practices of third-party websites which may be linked to or accessible through this website. Our website also carries embedded ‘share’ buttons to enable you to easily share articles with your friends through a number of popular social networks. These social networking sites may set a cookie when you are also logged in to their service. We do not control the dissemination of these cookies and you should check the relevant third-party websites for more information about these.
How to disable cookies?
If you do not agree to the use of these cookies please disable them by using the automated disabling tool where available or you can do it through your browser settings. The help function within your browser should tell you how. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them please visit http://www.allaboutcookies.org/. If you would like more information about the cookies used by these third-party websites, as well as information on how to restrict or block them, please see their individual privacy policies.
Some of the services will not function so well if cookies are disabled. Note that the strictly necessary cookies cannot be disabled as they are necessary to the operation of the Website and our Products.
After your initial visit to our Website or our Product we may change the cookies we use. This cookies policy will always allow you to know who is placing cookies, for what purpose and give you the means to disable them so you should check it from time to time.
Other analytics and metrics tools
Our marketing emails make use of a “Clear Image” (gif) to track, in aggregate, the results of an email campaign. If you wish to turn off this tracking, you can do so by turning off the images in the email itself. We also may use tools to monitor, in aggregate, the effectiveness of our communications with subscribers to our updates, including email tracking, which records when an email update from us is opened and/or how many links are clicked within the message. We can also use things like web beacons, clear GIFs, page tags and web bugs to understand how people are using them and to target advertising to them. They usually take the form of a small, transparent image that is embedded in a web page or email. They work with cookies and capture data like your IP address, when you viewed the page or email, what device you were using and where you were. You can change your browser’s settings so it’ll tell you when cookies get sent to it or others tools are used. Check the Help section in your browser for more info.
DEFINITIONS
Necessary cookies
Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.
Preferences cookies
Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.
Statistics cookies
Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.
Marketing cookies
Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
Contact Us
If You have questions related to Damotech’s use of cookies, please email us at: info@damotech.com or write at:
Damotech Inc.
3620 Des Grandes Tourelles Avenue, Boisbriand, Quebec J7H 0A1, Canada Attention: Information Officer.
Damotech Platform end-users are required to provide their name, company name, and email address when first creating their Damotech user account, with the email address then being used as the username for their user account.
Internet Protocol (IP) address information is also collected for each end-user session on the Damotech Platform.
The type of PII that could enter the system for those who sign up for an Damotech account, as well as those who access the Damotech Platform, is explicitly collected and may be of various nature, including but not limited to: email address (used as username for Damotech accounts, Name, IP address of end-users. Some jurisdictions may consider IP addresses as PII.
