Simetric © PRIVACY STATEMENT
The following Privacy Statement explains who we are and the different ways in which we collect, use, and share personal information about you, and how you can exercise your privacy rights. Please take the time to read this Privacy Statement and the related statements in their entirety to ensure you are fully informed. To access a specific policy, you may click on the relevant link below. Note that we may provide additional information about our privacy practices that are specific to one of our events, demonstrations, webinars, products, or services.
Simetric, Inc., including any subsidiaries and affiliates (collectively, “Simetric,” “we,” or “us“) respects the privacy of its customers, business partners, event attendees, job applicants and Website (as defined below) visitors.
If you have any questions or concerns about our use of your personal information, please contact us using the contact details provided at the bottom of this Privacy Statement.
PRIVACY STATEMENT. Our Privacy Statement covers our privacy practices with respect to the collection, use, and disclosure of information obtained: (i) through the Simetric websites that link to this Privacy Statement (our “Website“); and (ii) events hosted by Simetric or our business partners and sponsors where we collect information from attendees (“Events”).
Simetric PRIVACY STATEMENT. Our Privacy Statement covers our privacy practices in connection with the use of our hosted software applications and related support services, as well as expert services, including professional services, trainings and certifications that we provide to customers. This Services Privacy Statement also describes our privacy practices with respect to customer and partner contact information we process in connection with the purchase and use of our products and services or services or technology provided by our partners to our customers.
Simetric is an Equal Employment Opportunity Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, national origin, age, disability, gender identity, or veteran status.
Simetric, Inc., including its subsidiaries and affiliates (collectively, “Simetric,” “we,” or “us“) respects the privacy of its Website (as defined below).
This Privacy Statement (the “Privacy Statement“) describes who we are, the information that we collect about you, how we obtain your personal information, and how we may use or disclose that information in connection with the Website. This Privacy Statement also describes the measures we take to protect the security of your personal information and how you can contact us about our privacy practices, including to exercise your privacy rights.
Simetric makes work, work better for people. As IoT deployments span thousands to millions of devices traversing global operators, traditional device connectivity platforms do not provide end-to-end visibility required for today’s dynamic management.
Our cloud-based platform Simetric abstracts operator-specific reporting differences at scale creating a symmetric layer where all disparate data attributes are normalized so the user can move beyond “sort and filter” and fragmented data into a synthesized and unified presentation layer.
For more information about Simetric, please see the About Us section of our Website.
This Privacy Statement only covers our privacy practices with respect to the collection, use, and disclosure of information obtained: (i) through the Simetric websites that link to this Privacy Statement (“Website“); and (ii) event registration or attendance information for events / demonstrations / webinars hosted by us or our business partners where we collect information from registrants and attendees (“Events”).
How We Obtain Information
As further described below, we collect several types of information from and about you that broadly falls into the following categories:
1. Information you voluntarily provide to us:
- When filling out forms on our Website (including without limitation, name, mailing address, email address, and telephone number).
- When you post material to our Website, participate in bulletin boards, chat rooms, blogs, comment threads, forums, or other interactive features of our Website, register, or request further information or services from us.
- When you register to use a demo or developer instance of our cloud service.
- When you enter a contest or promotion we sponsor.
- When you report a problem with our Website.
- When you contact us.
- When you complete our surveys.
- When you register for or attend an Event.
- Other information you may submit to us related to your use of our Website or attendance to an Event, including without limitation, billing information.
2. Information from third parties.
From time to time, we may collect and use information we receive about you from third parties in connection with your use of the Website or attendance to an Event. For instance, we may receive information about you from our business partners related to your registration information for Events. We may also use third parties for reporting and analytics to measure the effectiveness of our Website and marketing efforts, and to identify areas for improvement.
We may combine information we collect from third parties with information you provide us to update, expand or provide you with tailored information regarding our products, services and Events.
3. Information we collect as you navigate through the Website.
As you navigate through the Website, we may also automatically collect details about your visits Website, including your IP address, usage patterns, traffic data, location data, logs and other communication data and the resources that you access, as well as information about your computer and internet connection, including your operating system and browser type.
We also collect some of this information using cookies and similar tracking technologies. For detailed information, please see our Cookies Policy.
How We Use Information Collected
We may use information that we collect about you for the following purposes:
- To operate, maintain and improve our Website.
- To register you for Events you sign up for with us and populate profiles for you in our records.
- To provide you with information, products or services that you request from us.
- To notify you about changes to our Website or obtain any required consent.
- To allow you to participate in interactive features of our Website, when you choose to do so.
- For industry analysis, benchmarking, analytics, marketing, and other business purposes.
- To track your browsing behavior, such as the pages you visited over time, for analytics and advertising purposes.
- To communicate with you about Events.
- To contact you for marketing purposes, in accordance with your marketing preferences (for example, we may use your information to contact you to further discuss your interests in our services and products or other Events).
By registering for sites or activities within the Simetric ecosystem, Simetric will create a Profile on your behalf that will allow you to access any of the other listed sites using the same username and password for all sites. The personal information that may be collected during registration and/or use of any one of these sites that you choose to make public, may be visible to other users of the sites. In addition, your personal information may be used by the other sites for the purposes of enhancing your experience and improving the quality of our services.
If you ask us to contact you about goods and services, we may use your personal information or permit selected third parties to use your personal information to contact you about such goods and services. You can withdraw consent at a later time by clicking on the “unsubscribe” link located in the emails we send you. For more information, see the section on “Your Privacy Rights” below.
Additional information about our privacy practices with respect to our collection and use of information from events / demonstrations / webinars may be found in additional privacy statements on the registration sites for such Events hosted by us.
How We Share Information Collected
We may disclose personal information that you provide to us to the following categories of recipients:
- To our contractors, business partners and service providers we use to support our business or who provide services on our behalf.
- To a potential buyer (and its agents and advisors) in connection with any proposed merger, acquisition, or any form of sale or transfer of some or all of our assets (including in the event of a reorganization, dissolution or liquidation), in which case personal information held by us about you will be among the assets transferred to the buyer or acquirer.
- To any other person with your consent to the disclosure.
We do not sell, rent or trade information collected through the Website with third parties for their promotional purposes.
Legal Basis for Processing
If you are from the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided in the “Contact Information” section below.
International Transfer of Data
Simetric stores and processes any information collected in connection with the Website or an Event in: (i) any country where we have facilities, (ii) any country in which we engage service providers; or (iii) any country where Events are held.
If you require further information about our international transfers of personal information, please contact us using the contract details in the “Contact Information” section further below.
Security and Confidentiality
Simetric maintains appropriate technical and organizational measures to protect the personal information obtained through the Website and in connection with Events from accidental or unlawful destruction, loss, alteration, unauthorized disclosure and access. Simetric personnel and service providers with access to personal information collected through our Websites or from Event attendees are required to keep such information confidential and secure.
We will retain your personal information if we have a business need to do so or for as long as is needed to fulfill the purposes outlined in this Privacy Statement, unless a longer retention period is required by law (for example, to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Your Privacy Rights
We provide you with certain choices regarding the information you provide to us. In particular:
- If you wish to access, correct, update, or request deletion of your personal information, you can send us an e-mail at email@example.com.
- Certain jurisdictions, for example the European Economic Area, provide their residents specific privacy rights under applicable law. We will process your requests to exercise such rights, including if you object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information, in accordance with applicable data protection laws. You may send us an e-mail at firstname.lastname@example.org or using the contact details under the “Contact Us” heading below.
- If you do not wish to receive our email marketing communication for promotional purposes, you may opt-out by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as telemarketing), please contact us using the contact details provided under the “Contact Information” section below.
- In addition, if we process your personal information in reliance upon your consent, you can contact us at any time to withdraw your consent.
- You have the right to complain to a data protection authority if you are unhappy about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Economic Area, Switzerland, and certain non-European countries (including the US and Canada) are available here.
We will respond to such requests in accordance with the requirements of applicable data protection laws. Please note that in order to fulfil your request, we may need you to provide certain information to verify your identity.
Do Not Track
While Simetric attempts to honor do not track (“DNT”) instructions we receive from a Visitor’s browser, we cannot guarantee that Simetric will always respond to such signals, in part, because of the lack of common industry standard for DNT technology. We continue to monitor developments in DNT technology and stay apprised of DNT industry standards as they evolve.
Third Party Websites and Applications
This Website may link to websites that are not owned or controlled by Simetric. As such, this Privacy Statement does not apply to information collected on any third-party site or by any third-party application that may link to or be accessible from the Website. This Privacy Statement does not apply to information collected by customers, our business partners, and other third parties or third-party applications or services, even if this information is collected using our Website or at Events.
Public Forums and Blogs
We do not knowingly collect personal information from anyone under the age of 16. If you are under 16, please do not attempt to fill out our forms or send any personal information about yourself to us. If we learn that we have collected Personal Information from a child under age 16, we will delete that information promptly.
Changes to Our Privacy Statement
Simetric reserves the right to update or change this Privacy Statement from time to time. If we make material changes to this Privacy Statement, we will notify you through an appropriate online notice or other means (which may include, if we have your contact details, notification by e-mail) and obtain your consent if and where required by applicable law. We ask that you review the Privacy Statement periodically to stay informed about any updates or changes that we may have made.
You can see when this Privacy Statement was last updated by checking the “effective as of” date displayed at the top of this Privacy Statement.
To ask questions or comment about this Privacy Statement and our privacy practices or if you need to update, change or remove your information or exercise any other rights, contact us at: email@example.com.
6230 Shiloh Road Suite 210
Alpharetta, GA 30005
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.
This website is operated by Simetric, Inc. (the data controller), which is a Delaware corporation located at 6230 Shiloh Road Suite 210 Alpharetta, GA 30005.
Simetric® Cookies Policy
Simetric, Inc. (“Simetric” or the “Company”) respects the privacy of visitors to its Website (as defined in our Privacy Statement). The Simetric Cookies Policy (the “Policy”) applies to the Simetric Website and describes the information we collect by automated means through the use of information gathering tools, such as cookies and web beacons.
Cookies are small pieces of information or text that are issued to your computer when you visit a website and are used to store or track information about your use of the site.
Simetric may use both session-based and persistent-based cookies. Session-based cookies exist only during your web session and expire when you close your internet browser. Persistent-based cookies are files that stay in one of your browser’s subfolders until you delete them manually or your browser deletes them based on the duration period contained within the persistent cookie’s file.
In addition to required and functional cookies, some third parties may issue cookies through our Website to serve ads that are relevant to your interests based on your browsing activities. These third parties may also collect your browser history or other information to determine how you reached our Website and the website you visit when you leave our Website. Information gathered through these automated means may be associated with the personal information you previously submitted on our Website.
Do Not Track
While Simetric attempts to honor do not track (“DNT”) instructions we receive from your browser, we cannot guarantee that Simetric will always respond to such signals, in part because of the lack of common industry standard for DNT technology. We continue to monitor developments in DNT technology and stay acquainted of DNT industry standards as they evolve.
Web beacons (also known as internet tags, pixel tags, and clear GIFs) are clear electronic images that can recognize certain types of information on your computer, such as the type of browser used to view a website page, when you viewed a particular site linked to the Web beacon, and a description of a site tied to the Web beacon. Certain pages on our Website may contain such Web beacons, which the Company uses to operate and improve the Website.
An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our Website, we may view the IP address of the device you use to connect to the Internet. We use this information to determine the general physical location of the device and the geographic regions of our visitors.
You can stop cookies being downloaded to your computer by selecting the appropriate settings on your browser. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting www.allaboutcookies.org. You may also opt out of certain functional and advertising cookies by clicking on our Cookie Preferences. Please note that this does not opt you out of being served generic ads. In addition, without cookies you may not be able to take full advantage of our Website features.
To ask questions or comment about our information practices, please contact us at: email@example.com.
You may also write to us at:
6230 Shiloh Road Suite 210
Alpharetta, GA 30005
As of April 1, 2020
The term “Website” means Simetric public websites. The term “Website” does not include the Simetric Products (as defined below) regardless of the domain name used to access such Simetric Products.
We reserve the right to terminate or modify the Website including any of its content, in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Website to registered users or another subset of users. You are solely responsible for making all arrangements necessary for you to access the Website.
The “Website” does not include Simetric Products. “Simetric Product” means the Simetric platform and any Simetric applications or subscription services, including those customarily provided by us only to our paying customers, along with professional services, support, and maintenance, and any other products or services offered for sale by Simetric. Simetric Products do not include Non-Production Instances or Apps (as defined below). You must purchase access to Simetric Products pursuant to a separate Master Services Agreement or other agreement with Simetric (“Subscription Agreement”).
2. Use of the Website
To the extent you have purchased support rights under your Agreement, do not use Community Services for the escalation of support issues. Contact Simetric Support as provided in your Agreement.
Code of Conduct
You agree to comply with the following code of conduct in your use of the Website:
- Be polite and courteous. Respect and treat others as you would expect to be treated yourself.
- Respect your audience. Posts should not upset, annoy, threaten, harass, abuse or embarrass other members.
- User Contributions may not include material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Lively and collegial discussions are always encouraged in a healthy community. It is okay to argue facts but not okay to argue personalities or personal beliefs.
- Do not use text formats such as all caps or bold that may be read as annoying, rude or send a strong message.
- Avoid using abbreviations or terminology that others may not understand. An abbreviation may mean something to you but in another context or country, it may have another meaning.
- Be accountable for your actions by correcting your mistakes and indicating where you have changed a previous post of yours.
You agree not to access or use the Website in any manner:
- That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
- To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- To monitor or attempt to gain unauthorized access to: (a) an account or computer not belonging to you; (b) any data, information or communications on any network or system not owned by you, without authorization; (c) any system or network user accounts or passwords of other users, without authorization; or (d) e-mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).
- That is false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity, including any other user, Simetric or a Simetric employee; (b) to misrepresent your identity or affiliation with any person or organization; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
- To use, transmit or introduce: (a) information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or subject to the Health Information Technology for Economic and Clinical Health (HITECH) Act; or (b) non-public sensitive or personally identifiable information including but not limited to driver’s license numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers.
- For the purposes of recruiting, advertising, solicitation or commercial activities of any kind without the express written consent of Simetric, including, but not limited to: (a) promotions, contests, sweepstakes, barter, advertising or pyramid schemes; and (b) the transmission of, or procurement of sending, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To monitor or copy materials on the Website for any unauthorized purpose or access the Website via any automatic device, process or means of access such as a robot or spider.
- That may have a detrimental effect on the Website’s function, user interaction or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Website or any server, computer or database connected to or accessed by the Website; (d) modifying, blocking or otherwise interfering with the display of the Website; (e) interfering with another user’s ability to access, use and enjoy the Website; (f) accessing another user’s registration information or user account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (h) performing, without Simetric’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Website, including without limitation the Community Services; and (i) engaging in any activities that results in any server being the target of a denial of service attack.
Notification of Violation.
We may, but are under no obligation to, monitor or censor comments made by users or content provided by contributors and we are not responsible for the accuracy, completeness, appropriateness or legality of anything posted, depicted or otherwise provided by third-party users and we disclaim any and all liability relating thereto.
3. Non-Production Instances
You may not use the Non-Production Instance with production data or to provide services to others, including services of implementation, customization or configuration of the Subscription Service. You may not transfer, sublicense, distribute or otherwise provide third parties access to any applications, integrations or other material that you develop using the Non-Production Instance. If you need to access the Subscription Service on a production basis or to provide services or develop Apps for others, please contact Simetric to discuss commercial offerings.
THE NON-PRODUCTION INSTANCE AND OTHER SIMETRIC CORE TECHNOLOGY (AS DEFINED BELOW) ARE PROVIDED TO YOU UNDER THIS AGREEMENT AT YOUR OWN RISK AND “AS-IS” WITHOUT WARRANTY OF ANY KIND. You shall input only non-sensitive, non-production data into the Non-Production Instance. Simetric shall have no obligation or liability for or with respect to a Non-Production Instance, including without limitation: warranty, support, reliability, backup, performance or service level, refund, service credits, loss of use or loss of data.
You shall treat your login credentials to, and the contents of (with the exception of data inserted by you), the Non-Production Instance as confidential information and shall not disclose it to any third party. You agree to provide any required disclosures to and obtain any required consents for the transfer of your data to Simetric in connection with your use of the Non-Production Instance. Simetric shall not be responsible for compliance with any laws applicable to you and your industry that are not generally applicable to information technology service providers. You agree that Simetric may collect, use and disclose quantitative data derived from the use of the Non-Production Instance for industry analysis, benchmarking, analytics, marketing, and other business purposes. All data collected, used, and disclosed regarding your use of a Non-Production Instance will be in aggregate form only and will not identify you.
4. Intellectual Property
As between you and Simetric, you shall retain all rights, title, and interest in and to its intellectual property rights in the electronic data uploaded by you (excluding Simetric Technology), and User Technology. You hereby grant to Simetric a perpetual, irrevocable, royalty-free, fully-paid, sublicensable, transferable, non-exclusive, worldwide license to copy, distribute, modify, make derivative works of, publicly display, publicly perform, make, use, sell, translate and disclose to third parties any User Technology or data uploaded by you in the Non-Production Instance solely for the purpose of providing the Non-Production Instance to you. As used herein, “User Technology” means software, methodologies, templates, business processes, documentation or other material authored, invented or otherwise created or licensed (other than by or from Simetric) by you using or for use with the Non-Production Instance, excluding the Simetric Technology.
Simetric ®, the Simetric logo, and other Simetric marks are trademarks and/or registered trademarks of Simetric, Inc., or its affiliates or licensors, in the United States and/or other countries. Other company and product names may be trademarks of the respective companies with which they are associated.
If you use Development Tools to create software that communicates or otherwise interoperates with the Simetric Products, you agree that such software will exclusively use the Simetric APIs provided with the Development Tools to communicate with the Simetric Products. You agree that such software shall not circumvent these APIs or otherwise use APIs that diminish Simetric’s ability to isolate errors when providing customer support. Development Tools are proprietary information of Simetric. You shall not distribute Development Tools to any third party and will not use the Development Tools to develop any software product that is operable apart from the Simetric platform.
No rights are granted to you with respect to User Contributions (not including Apps, which are treated as described above) other than the limited, personal, non-exclusive license to reproduce User Contributions as necessary to display the User Contributions on a machine that you use to interact with the Website.
Third Party Content
Third-party materials and free and open source software (not including Apps) (“FOSS”) provided by us to you may be accompanied by licensing terms, in which case such licensing terms shall govern your use of that third-party software or FOSS. Mention of third parties and third-party products in any materials, advertising, promotions or coupons provided to you is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and Simetric shall have no responsibility with regard to the selection, performance or use of such vendors or products. To the extent you access or use such software, all understandings, agreements or warranties, if any, shall be directly between the vendor and you.
No right, title or interest in or to the Website including Website Content and Contributions or Simetric Technology, is transferred to you.
Simetric Technology is licensed and not sold even if for convenience Simetric makes reference to words such as sale or purchase.
You shall not (and shall not permit others to) do any do any of the following with respect to the Website or Simetric Technology: (a) license, sublicense, sell, resell, rent, lease, transfer, distribute or time share it or otherwise make any of it available for access by third parties, including any derivative works of Simetric Technology irrespective of which party authors such derivative works; (b) use it on a production basis or with production data or use it to provide services to others including services of implementation, customization or configuration of the Subscription Service; (c) disassemble, decompile or reverse engineer it, particularly for the purpose of developing any product or services competitive with the Subscription Service generally; (d) subject to the preceding clause, use or access it for the purpose of developing products or service competitive with the platform component of the Subscription Service (competitive applications, however, are permitted); (e) copy, create derivative works of, or otherwise modify it, except as expressly permitted hereunder; (f) disrupt its security, integrity or operation; (g) remove or modify a copyright or other proprietary rights notice in it; (h) use it to reproduce, distribute, display, store, transmit or use material or content protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner; (i) use it to damage the property of another; (j) use it in any manner which violates any applicable law or regulation; (k) use it in a manner that temporarily or permanently alters, erases, removes, copies, modifies, halts or disables any Simetric or third-party data, software or network (not including modifications to the Configurable Elements or any data uploaded into the Subscription Service by Participant) without authorization; (l) use it to create, use, send, store or run viruses or other harmful computer code; (m) use it in any manner that disables, hacks or interferes with any security, digital signing, digital rights management, verification or authentication mechanisms; or (n) use it in any manner that, in Simetric’s reasonable judgment, circumvents the ordinary use or operation of the Subscription Service or APIs, disrupts Simetric’s pricing structure or ability to provide services or support to Customers, or allows any party to access Simetric Technology in excess of such party’s authorized or normally intended use.
Before Participant exercises any of the foregoing actions that Participant believes it is entitled to, based on mandatory law, Participant shall provide Simetric with thirty (30) days prior written notice at firstname.lastname@example.org, or, if applicable law or the relevant court order does not allow for thirty (30) days’ notice, the maximum amount of notice allowable, and provide all reasonably requested information to allow Simetric to assess Participant’s claim and, at Simetric’s sole discretion, to provide alternatives that reduce any adverse impact on Simetric’s intellectual property or other rights.
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You are prohibited from linking to any other page of the Website without our express written permission. We reserve the right to withdraw linking permission without notice. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in stopping any unauthorized framing or linking.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources and accept 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 to this Website, you do so entirely at your own risk and subject to the applicable terms and conditions of use for such websites.
6. Monitoring, Enforcement and Feedback
Simetric has the right but not the obligation to:
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, Simetric has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD SIMETRIC HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SIMETRIC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SIMETRIC OR LAW ENFORCEMENT AUTHORITIES.
Simetric can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Feedback & Suggestions
Simetric shall have a perpetual, irrevocable, royalty-free, fully-paid, sublicensable, transferable, non-exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any feedback, comments, suggestions, communications, and requests for improvements or enhancements relating to the Website and the Simetric Products.
7. Legal Considerations
You agree that the configuration and information contained in a Non-Production Instance, Apps and any information provided to you in connection with a Simetric event will be considered and referred to as “Simetric Confidential Information”). Notwithstanding the foregoing, Simetric Confidential Information shall not include: (a) information that is generally and legitimately available to the public through no fault or breach of yours; (b) information that is generally made available to the public by us; (c) information that is independently developed by you without the use of any Simetric Confidential Information; (d) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation; or (e) any third-party software and/or documentation provided to you by us and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation.
Unless otherwise expressly agreed or permitted in writing by Simetric, you agree not to disclose, publish, or disseminate any Simetric Confidential Information to anyone. You agree not to use Simetric Confidential Information in any way, including, without limitation, for your own or any third party’s benefit without the prior written approval of an authorized representative of Simetric in each instance. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Simetric Confidential Information. You acknowledge that unauthorized disclosure or use of Simetric Confidential Information could cause irreparable harm and significant injury to Simetric that may be difficult to ascertain. Accordingly, you agree that we will have the right to seek immediate injunctive relief to enforce your obligations under this Agreement in addition to any other rights and remedies we may have. If you are required by law, regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose Simetric Confidential Information, you may make such disclosure, but only if you have notified us before making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will not relieve you of your obligations to hold such information as Simetric Confidential Information.
Certain parts of the Website may grant you access to certain proprietary content (including, without limitation, training modules, video presentations and audio recordings) that we may make available to you from time to time for a separate fee (“Paid Content”). Paid Content shall be considered Simetric Confidential Information, unless otherwise agreed or permitted in writing by Simetric. You may not share the Paid Content with anyone, including, without limitation, employees and contractors working for the same entity as you. Subject to these terms and conditions, we grant you a non-exclusive, non-transferable, personal license to access and use the Paid Content upon your purchase, provided that you may only download one (1) copy of the Paid Content and such download must be completed within the time period specified by us for such download. Except as expressly permitted by us, you shall not modify, translate, reproduce, distribute, or create derivative works of the Paid Content or any part thereof. You shall not sell, sublicense, rent, lease, loan, assign or otherwise transfer any rights in the Paid Content. We and/or our licensor(s) retain ownership of the Paid Content itself and any copies or portions thereof. The Paid Content is licensed, not sold, to you by us for use only under this Agreement, and we reserve all rights not expressly granted to you. Your rights under this license to use and access the Paid Content will terminate automatically without notice from Simetric if you fail to comply with any of these provisions.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification (a “DCMA Notice”) to our copyright agent (designated below) in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”)
Our designated Copyright Agent to receive DMCA Notices is:
Attn: Legal Department
6230 Shiloh Road Suite 210 Alpharetta, GA 30005
Copy to email@example.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting written notification to our copyright agent (identified above) pursuant to the DMCA.
It is the policy of Simetric to terminate the user accounts of infringers.
Regional Legal Considerations
The Website can be accessed from countries around the world. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to the Website from territories where the Website or any of its services or products are illegal is prohibited. You acknowledge that you remain responsible at all times for your compliance with U.S. and all applicable export and related statutes and regulations.
Disclaimer of Warranties
Simetric cannot and does not promise or warrant that any aspect of the Website, including the Community Services, Documentation, Development Tools, Store, Apps, or any other Website Content is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. SIMETRIC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
AS BETWEEN YOU AND SIMETRIC, YOUR USE OF THE WEBSITE AND NON-PRODUCTION INSTANCES, INCLUDING COMMUNITY SERVICES, USER CONTRIBUTIONS, APPS, DEVELOPMENT TOOLS, DOCUMENTATION AND ANY OTHER WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING THE WEBSITE CONTENT, NON-PRODUCTION INSTANCES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ARE PROVIDED TO YOU BY SIMETRIC ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SIMETRIC NOR ANY PERSON ASSOCIATED WITH SIMETRIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SIMETRIC NOR ANYONE ASSOCIATED WITH SIMETRIC REPRESENTS OR WARRANTS THAT THE WEBSITE, INCLUDING THE WEBSITE CONTENT OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SIMETRIC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE WEBSITE CONTENT, NON-PRODUCTION INSTANCES OR ANY SERVICES OR ITEMS OBTAIN THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU MAY RECEIVE WARRANTIES FROM THE CONTRIBUTOR OF AN APP PURSUANT TO THE APP CONDITIONS UNDER WHICH SUCH APP IS PROVIDED TO YOU; HOWEVER, SIMETRIC SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO SUCH WARRANTIES OR ANY OTHER TERM IN THE APP CONDITIONS.
Limitation of Liability
EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL SIMETRIC, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY COMMUNITY SERVICES, NON-PRODUCTION INSTANCE, USER CONTRIBUTIONS, APPS, WEBSITE CONTENT OR SERVICES OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You may not access, download, use or export materials posted to the Website in violation of U.S. export laws or regulations or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority.
You acknowledge that the Non-Production Instances, Apps, Documentation and Development Tools are subject to the U.S. Export Administration Regulations (the “EAR”) and you shall comply with the EAR. Without limiting the foregoing, you represent and warrant that: (a) you are not located in, and shall not use the Documentation and Development Tools from, any country that is subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan and Syria); (b) you shall not use the Documentation and Development Tools in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, sounding rockets or unmanned air vehicle systems; and (iii) you are not prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. In addition, you are responsible for complying with any local laws that may impact your right to import, export or use the Documentation and Development Tools.
U.S. Government Rights
Waiver and Severability
Third Party Beneficiaries
Classification of Website and Simetric Products
In the event of a dispute, the categorization of any subject matter as either the Website or a Simetric Product shall be made by Simetric in its sole discretion, and Simetric may reclassify as a Simetric Product subject matter previously included in the Website.
Governing Law and Jurisdiction
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