Unify

"Except as otherwise expressly permitted by any such terms and conditions, Customer acknowledges and agrees that any restriction on the use of the Services in Section 2.4 of this Agreement shall also apply to Customer’s and each Authorized User’s use of Third Party Products and Third Party Product Data, and that neither Customer nor any Authorized User shall export any Third Party Product Data to Customer’s or such Authorized User’s systems. Unify is not responsible for the operation of any Third Party Products, nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third Party Products. Unify makes no representations or warranties of any kind with respect to Third Party Products or Third Party Providers. Any exchange of data or other interaction between Customer and a Third Party Provider is solely between Customer and such Third Party Provider, and is governed by such Third Party Provider’s applicable terms and conditions. Upon the termination of Customer’s access to Third Party Products or Unify’s notice to Customer, Customer will and will require all Authorized Users to cease all access to and delete all Third Party Product Data, including any backup copies thereof, and Customer will certify such destruction in writing upon Unify’s request. If Customer does not agree to abide by the applicable terms for any such Third Party Products, then Customer should not install or use such Third Party Products. "

" Intellectual Property Ownership; Feedback. Unify IP. Customer acknowledges that (i) as between Customer and Unify, Unify owns all right, title, and interest, including all intellectual property rights, in and to the Unify IP; and (ii) the applicable third-party providers own all right, title and interest, including all intellectual property rights, in and to the Third Party Products.  Ownership of Customer Data. Unify acknowledges that, as between Unify and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Data.  Aggregated Data. Customer acknowledges and agrees that (i) Unify may use Customer Data to generate data and information related to or derived from Customer Data or Customer’s use of the Services that has been aggregated and/or anonymized by Unify; and (ii) Unify shall own all right, title and interest, including all intellectual property rights, in and to such aggregated and/or anonymized data. Feedback. If Customer, any Authorized User or any of Customer’s employees or contractors sends or transmits any comments, questions, suggestions or other communications or materials to Unify by mail, email, telephone or otherwise suggesting or recommending changes to the Unify IP, including, without limitation, any new features or functionalities (“ Feedback ”), Unify is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback."

"By authorizing Unify to transmit Customer Data from Third Party Products into the Platform, Customer represents and warrants to Unify that it has all right, power and authority to provide such authorization.  Customer Control and Responsibility. Customer has and will retain sole responsibility for: (i) all Customer Data, including its content and use; (ii) all information, instructions and materials provided by or on behalf of Customer or any Authorized User in connection with the Services; (iii) all Customer Systems; (iv) the security and use of Customer's and its Authorized Users' access credentials; and (v) all access to and use of the Services directly or indirectly by or through the Customer Systems or its or its Authorized Users' access credentials, with or without Customer's knowledge or consent, including, without limitation, all results obtained from and all conclusions, decisions and actions based on such access or use.  Email Account Access. Customer shall provide Unify and Integration Providers with all Authorization Credentials. Neither Unify nor any Integration Providers shall be responsible or liable for any failure to perform, or delay in the performance of, the Services, or any suspension or unavailability of a Customer email account, that is caused by Customer’s delay in or failure to provide the Authorization Credentials in accordance with the terms of this Agreement.  Customer Authorization. "

" Legitimate Interest:  We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties: "

" If you provide your social network account credentials to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us. ‍ Our Commercial or Business Purposes for Collecting or Disclosing Personal Data ‍"

" Marketing and selling the Services which may include Targeted Advertising."

" ‍ 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, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time. ‍ We use the following types of Cookies: ‍ Strictly Necessary Cookies. 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 not then work.  Functional Cookies. 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. "

" ‍ At Unify, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy. ‍ Remember that your use of our Services is at all times subject to our Terms of Use , which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Use. You may print a copy of this Privacy Policy by clicking here . ‍ As we continually work to improve our Services, we may need to change this Privacy Policy from time to time. Upon any material or significant changes to this Privacy Policy, we will alert you to any such changes by placing a notice on the Unify 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. ‍"

" When you provide such information directly to us. When you create an account or use our interactive tools and Services. When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires. When you send us an email or otherwise contact us.   When you use the Services and such information is collected automatically. Through Cookies (defined in the “Cookies and Targeted Advertising” section below) placed on the Unify website or third-party websites you interact with. If you use a location-enabled browser, we may receive information about your location. If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices. ‍"

" Reservation of Rights. Unify reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants to Customer or any third party, by implication, waiver, estoppel or otherwise, any intellectual property rights or other right, title or interest in or to the Unify IP. Suspension. Notwithstanding anything to the contrary in this Agreement, Unify may temporarily suspend Customer’s and any Authorized User’s access to any portion or all of the Services if: (i) Unify reasonably determines that (a) there is a threat posed to or attack on any of the Unify IP; (b) Customer’s or any Authorized User’s use of the Unify IP disrupts or poses a security risk to the Unify IP or to any other customer or vendor of Unify; (c) Customer, or any Authorized User, is using the Unify IP for fraudulent or illegal activities; (d) subject to Applicable Laws, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding; (e) Unify’s provision of the Services to Customer or any Authorized User is prohibited by Applicable Laws; or (f) any Customer Data submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services may infringe or otherwise violate any third party’s intellectual property or other rights or Applicable Laws; (ii) any vendor of Unify has suspended or terminated Unify’s access to or use of any Third Party Products required to enable Customer to access the Services; or (iii) in accordance with Section 6.1 (any such suspension"

" We may also de-identify or anonymize Personal Data to further our legitimate interests."

" We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.   ‍"

" ‍ We retain Personal Data about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally. For example: ‍ We retain your Account Data for as long as you have an account with us. We retain your Payment Data for as long as we need to process your purchase or subscription. We retain your Device/IP Data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently. ‍"

" We may receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements or communications."

" Limitations of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR WHETHER SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID TO UNIFY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. IN NO EVENT WILL UNIFY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY LIABILITY ARISING OUT OF THE THIRD PARTY PRODUCTS, THIRD PARTY PRODUCT DATA OR THIRD PARTY PRODUCT IDENTIFIERS, OR CUSTOMER’S OR ANY AUTHORIZED USER’S USE OF ANY OF THE FOREGOING. "

" Examples of these legitimate interests include (as described in more detail above): Providing, customizing and improving the Services. Marketing the Services. Corresponding with you. Meeting legal requirements and enforcing legal terms. Completing corporate transactions. Consent:  In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. Other Processing Grounds:  From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest. ‍"

" Creating and managing your account or other user profiles. Processing orders or other transactions; billing. Providing our Customers with the products, services, information or data they request. Meeting or fulfilling the reason you provided the information to us. Providing support and assistance for the Services. Improving the Services, including testing, research, internal analytics and product development. Personalizing the Services, website content and communications based on your preferences. Doing fraud protection, security and debugging. Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (the “CCPA”)."

"If you do not allow these cookies then some or all of these services may not function properly. Performance Cookies. Performance Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Certain Performance Cookies can also help us measure the performance of our advertising campaigns. For example, Google LLC (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/. Targeting Cookies. These Cookies may be set through our site by our Advertising Partners and can collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Information about Targeted Advertising.” ‍ You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. "