TERMS OF USE
LAST UPDATE: May 22, 2018
THIS WEBSITE IS OWNED AND OPERATED BY or on behalf of the Telos Alliance family of companies and products, including TLS Corp., SIA AXIA BROADCAST TECHNOLOGIES, AND TELOS ALLIANCE GMBH AS WELL AS THE BRANDS KNOWN AS TELOS, OMNIA, AXIA, AND 25-SEVEN (COLLECTIVELY SUCH BRANDS AND COMPANIES REFERRED TO AS “TELOS ALLIANCE”). ACCESS AND USE OF THIS WEBSITE AND ITS RELATED SERVICES, and WEB PAGES (COLLECTIVELY, THE "SITE") ARE PROVIDED BY TELOS ALLIANCE TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS SITE.
These Terms of Use, the Privacy Policy, and all other documents referenced herein govern the relationship between you, the Site visitor, and Telos Alliance with respect to your use of this Site. By accessing or using the Site, you are concluding a legally binding contract with Telos Alliance. You are not permitted to use the Site if you are unwilling or unable to be bound by these Terms of Use.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS OF USE AS IT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT.
NOTHING IN THESE TERMS OF USE IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, you may not enter into this agreement or use this Site.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.
We make no representation that materials in this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Site, Site Content, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.
We reserve the right at any time to change: (i) this Site, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; (ii) any fees or charges, if any, related to the use of this Site; and (iii) the equipment, hardware or software required to use and access this Site.
1. DEFINITIONS
A. Parties
“You” and “your” refer to you, as a user of a Site. A “user” is someone who accesses, browses, uploads to, downloads from, or otherwise uses the Site in any way.“We”, “us”, and “our” refer to the members of the Telos Alliance.
B. Content
“Content” means text, images, photos, audio, video, location data, coupons, discount and other promotional and pricing information and all other forms of data or communication.“Your Content” means Content that you submit or transmit to, through, or in connection with a Site, such as logos, trademarks, ratings, reviews, offers, coupons, discounts, messages, and information that you publicly display or are displayed in your account profile. For clarity, Your Content is Content that you make available publicly on the Site. You should not include any personal information that you wish to remain confidential with Your Content. “Telos Alliance Content” means Content that we create and make available in connection with the Site.“Third Party Content” means Content that originates from parties other than a member of the Telos Alliance, which is made available in connection with a Site.“Site Content” means all of the Content that is made available in connection with the Site, including Your Content, Third Party Content, and Telos Alliance Content.
2. PRIVACY
Telos Alliance’s Privacy Policy (located at http://www.telosalliance.com/privacy) (as amended from time to time, the “Privacy Policy”) explains how the Telos Alliance treats your information and protects your privacy when you use the Site. By using this site, you agree to the use of your data in accordance with the Telos Alliance’s Privacy Policy.
You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Use and Privacy Policy; (iii) comply with legal process or other governmental inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site from outside of the United States, you consent to having your personal data transferred to and processed in the United States.
Telos Alliance respects individual privacy and values the confidence of its customers, employees and business partners. Telos Alliance complies with the principles of lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality, lawfulness of processing, notice, choice, onward transfer, security, access, rectification, erasure, portability and enforcement required under applicable laws, rules and regulations including the GDPR. Telos Alliance’s Privacy Statement (the “Statement”) sets forth the privacy principles that Telos Alliance follows for all personal information it collects. The Statement is set forth at the end of these Terms of Use.
3. Consent to Use of Data
The Site may collect various types of personal information from you. The information collected and the use of such information, as well as the use of cookies, analytics, and other similar matters are described in the Privacy Policy.
You also agree that the Telos Alliance may collect and use technical data and related information, including but not limited to technical information about your Telos Alliance and other equipment and software, that is gathered periodically to facilitate the provision of software updates, product support and other services to you. Telos Alliance may also use this information, as long as it is in a form that does not personally identify you, in order to improve its products and services.
4. Third Party Materials
You understand that by using the Site, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Site (including any websites operated by third parties (“Third Party Sites”) encountered through such use of the Site) at your sole risk and that Telos Alliance shall not have any liability to you for Content that may be found to be offensive, indecent, or objectionable.
Certain Sites may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to Third Party Sites. By using the Site, You acknowledge and agree that the Telos Alliance is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or Third Party Sites. Telos Alliance does not warrant or endorse, or assume or have any liability or responsibility to you or any other person for any Third Party Materials or Third Party Sites, or for any other materials, products, or services of third parties. Third Party Materials and links to Third Party Sites are provided solely as a convenience to you.
You agree that the Site contains proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws and that you will not use such proprietary content, information or materials in any way whatsoever except as permitted by these Terms of Use. No portion of any Site may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any Content accessed through any Site (other than Your Content), in any manner, and you shall not exploit any Site in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use any Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate any right or rights of any other party, and that Telos Alliance is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Site.
Telos Alliance reserves the right to change, suspend, remove, or disable access to any Site at any time without notice. In no event will the Telos Alliance be liable for the removal of or disabling of access to any Site. The Telos Alliance may also impose limits on the use of or access to certain Sites, in any case, and without notice or liability.
5. USING THE SITES
A. Eligibility. To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. You may not access or use any Site if you are a competitor of any member of the Telos Alliance (or an affiliate of any such competitor) or if we have previously banned you from any Site or closed your account.
B. Permission to Use the Site. We grant you permission to use the Site subject to the restrictions in these Terms of Use. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes.
C. Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
D. Accounts. You may be asked to create an Account (as defined herein) and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account, including activities that you have not authorized. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
An “Account” is an account to be used solely for the purpose of using a Site or Sites in a manner consistent with these Terms of Use. In creating or updating an Account, you must be an authorized representative of the Account holder in question, and you must provide complete and accurate information about yourself and the Account holder. You also assume personal responsibility that you are authorized to create, upload or otherwise make available all Content provided to the site through the Account, including logos, trademarks, descriptions, promotional offers, etc. You may not provide an email address that is not your own. If you are no longer an authorized representative of the Account holder in question, you must close your Account immediately.
E. Communications from the Telos Alliance. By creating an Account, you agree to receive certain communications in connection with the Site. For example, you may receive periodic newsletters or other communications from the Telos Alliance about the Site or your Account, about new products or features, software updates, or other matters the Telos Alliance believes would be of interest to you based on the information you have made available to us. You can opt-out of non-essential communications at any time by contacting us at privacy@telosalliance.com.
6. CONTENT
A. Responsibility for Your Content. The Site may allow you to communicate, submit, upload or otherwise make available Your Content, which may be accessible and viewable by other users of such Site. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy and your right to publish it. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the Telos Alliance.
You may not submit or upload Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, lewd, offensive, indecent, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity (such as Content “Offensive Content”), whether or not such material is protected by law. You agree that you will not use your Account or any Site to publish or disseminate, or allow any other person to use your Account to publish, republish or disseminate, any Offensive Content, nor use profanity in any posting to any Site.
You may also expose yourself to liability to Telos Alliance or third parties if, for example, you hold an Account and Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. If you comment about an experience with Telos Alliance or any third party, or write defamatory or inflammatory comments through the Site (or repeat, copy or redistribute the defamatory or inflammatory comments of others), you could also expose yourself to liability.
B. Our Right to Use Your Content. We may use Your Content in a number of different ways, including publicly displaying and reformatting it. As such, you hereby irrevocably grant us worldwide, non-exclusive, royalty-free, transferable rights to use Your Content for any purpose associated with the operation of the Site and for our internal tracking, reporting and data analysis purposes, without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. You also irrevocably grant the users of the Site the right to access Your Content in connection with their use of the Site. Finally, you irrevocably waive and cause to be waived, against Telos Alliance and its users, any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
C. Ownership. As between you and the Telos Alliance, you own Your Content. We own the Telos Alliance Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, software, aggregate user data, including usage and preference information, and all other elements and components of the Site excluding Your Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Telos Alliance Content and the Site generally, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Telos Alliance Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Telos Alliance Content are retained by us. All rights reserved.
D. Other. We reserve the right to remove, screen, edit or reinstate Your Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
E. U.S. COPYRIGHT INFRINGEMENT CLAIMS. If you know or suspect that any of the Content on the Site has been used or copied in a way that constitutes copyright infringement, please sent notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:
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A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
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Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
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A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and
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A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent for notice of copyright infringement claims may be reached as follows:
The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/or content, will not receive a response through this process.
7. RESTRICTIONS
We are under no obligation to enforce the Terms of Use on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Use, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and not to assist or enable others to, use the Site to:
A. Violate our Content guidelines, for example, by writing fake or defamatory feedback about another user, writing reviews or giving feedback about your own business, writing reviews or giving other feedback for which you were paid either directly or indirectly;
B. Violate any third party’s rights, including any breach of confidence, copyright, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
C. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
D. Solicit personal information from minors, or submit or transmit pornography;
E. Violate any applicable law or the Terms of Use;
F. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Telos Alliance;
G. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any Site or on any materials printed or copied from any Site, including any belonging to any third party;
H. Record, process, or mine information about other users;
I. Take any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on Telos Alliance’s technology infrastructure or otherwise make excessive traffic demands of any Site;
J. Attempt to gain unauthorized access to any Site, user accounts, computer systems or networks connected to any Site through hacking, password mining or any other means;
K. Use any Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively “Viruses”);
L. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
M. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
N. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 45 days’ prior written notice to us at privacy@telosalliance.com, together with any information that we may reasonably require to give us an opportunity to provide alternate remedies or otherwise accommodate you at our sole discretion.
8. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
9. DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TELOS ALLIANCE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SUCH SITES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE TELOS ALLIANCE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site, or any part thereof, with or without prior notice for any reason.
Telos Alliance updates the information on this Site periodically. However, Telos Alliance cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. Telos Alliance may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.
Telos Alliance shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any of User Materials or other content from this Site. Telos Alliance recommends that you install appropriate anti-virus or other protective software.
10. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TELOS ALLIANCE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PERSONAL DAMAGES AND/OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE ANY SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE TELOS ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TELOS ALLIANCE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. INDEMNIFICATION AND RELEASE
You agree to defend, indemnify and hold harmless each member of the Telos Alliance and any of their respective affiliates or third party beneficiaries (and the respective officers, directors, agents, subsidiaries and employees of each member of the Telos Alliance and their respective third party beneficiaries) from any liability, loss, damage, cost or expense (including reasonable attorney’s fees) arising out of any act or omission by You in connection with your use of the Site or a breach of these Terms of Use.
If you have a dispute with one or more users, you release Telos Alliance, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
12. GOVERNING LAW AND CONSENT TO JURISDICTION
The laws of the State of Ohio, excluding its conflicts of law rules, govern this license and Your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws.
13. COPYRIGHTS AND TRADEMARKS
Except where otherwise specified, the contents of the Site are copyright (c) TLS Corp. All rights are reserved. The contents of the Site are subject to protection under U.S. and foreign copyright laws. You are not permitted to use the copyrighted content outside of the normal functions of the Site without the prior written consent of TLS Corp.
Please direct any questions or comments to Telos Alliance in the form of an email to copyright@telosalliance.com.
14. CHANGES TO THE TERMS OF USE
We may modify the Terms of Use from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and we will indicate at the top of these Terms of Use the date that revisions were last made. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Use. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms of Use indicates your acceptance of the modification.
15. MISCELLANEOUS
Should any term of these Terms of Use be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. These Terms of Use represent the entire agreement between you and the Telos Alliance concerning the use of the Site, and it supersedes any prior proposal, representation, or understanding (including prior versions of these Terms of Use) between you and the Telos Alliance. The failure of Telos Alliance to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by such party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
PRIVACY STATEMENT
This Statement applies to personal data received by Telos Alliance in any format including electronic, paper or verbal.
1. Privacy Principles
The privacy principles of Telos Alliance are:
Lawfulness, Fairness, and Transparency
When Telos Alliance collects personal data, it will be processed lawfully, fairly, and in a transparent manner in relation to the data subject.
Purpose Limitation
When Telos Alliance collects personal data, it will be collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
Data Minimization
When Telos Alliance collects personal data, it will be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed.
Accuracy
When Telos Alliance collects personal data, it will be accurate and, where necessary, kept up to date; every reasonable step will be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay.
Storage Limitation
When Telos Alliance collects personal data, it will be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.
Integrity and Confidentiality
When Telos Alliance collects personal data, it will take measures designed to protect against unauthorized or unlawful processing and against accidental loss, destruction or damage.
Lawfulness of Processing
Any and all processing will be done lawfully. Telos Alliance will process personal data only if and to the extent that at least one of the following applies: (1) the data subject has given consent to the processing of his or her personal data for one or more specific purposes; (2) processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary for compliance with a legal obligation to which the data controller is subject; (4) processing is necessary in order to protect the vital interests of the data subject or of another natural person; (5) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and (6) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
2. Information Collected
As you interact with Telos Alliance, there may be opportunities for you to provide us with your information. Additionally, we may collect certain information about your or your Telos Alliance products as further described below.
You may provide us with information about you or your Telos Alliance products through a number of sources: Telos Alliance websites, applications, product and related events, surveys, social media platforms, sweepstakes entries, and through our customer contact centers. We also receive information about you through Telos Alliance product sales records provided by your dealer and we may obtain, with your consent, data obtained from your Telos Alliance product.
The types of information that Telos Alliance collects about you may include, but are not limited to:
• Contact information (such as name, address, city, state and ZIP code, occupation, email address and telephone number)
• Payment information (such as your bank account information, credit card number, debit card number, bank or investor account, CVV code, expiration date, and payment history)
• Information related to your creditworthiness, assets, income, or liabilities
• Information about your Telos Alliance product
• Information about your connected devices and how you interact with our Site (such as IP address, browser type, unique device identifier, cookie data, and associated identifying and usage information)
• Marketing profile information (such as when you plan to purchase a Telos Alliance product)
• Photographs and videos such as those that you may submit for contests, sweepstakes and social sharing
• Relationships you have with Telos Alliance in addition to the purchase and servicing of your Telos Alliance product
• Social Security Number (in limited circumstances Telos Alliance may collect SSN, for example, if you receive compensation that must be reported for government tax purposes)
• Investor information (name, address, phone number, and email address)
• The kind of Telos Alliance product you purchased
• The kind of service provided to you
3. How We Use and Disclose Information
The information Telos Alliance collects about you and your Telos Alliance products may be used:
• to respond to your inquiries and fulfill your requests, such as to send you documents you request or e-mail;
• to send you important information regarding our relationship with you or regarding this Site, changes to our terms, conditions, and policies and/or other administrative information;
• for our business purposes, such as marketing new products and services, data analysis, audits, developing new products or services, operating or enhancing our Site, improving our products and services, identifying Site usage trends, providing products and services, maintaining customer relationships, improving the quality, safety, and security of our products and services, administering your account(s), troubleshooting, supporting electronic signature, customizing and improving communication content, evaluating product performance, providing customer support and product support, warranty administration, and determining the effectiveness of our Site;
• to our third party service providers who provide services such as website hosting and moderating, mobile application hosting, data analysis, infrastructure provision, credit card processing, IT services, e-mail services, marketing services, auditing services, and other services, in order to enable them to provide services;
• to verify your information and authenticate payments and process orders, such as disclosing certain financial and other information you provide to Telos Alliance
to third parties that provide credit reporting, payment or order fulfillment services;
• to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings); and
• when we otherwise have your consent.
In addition, we use and disclose personal information as we believe to be necessary or appropriate: (a) as permitted by applicable law, including laws outside your country of residence; (b) to comply with any legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our Terms of Use; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
We also use and disclose information that is not in personally identifiable form (such as anonymized, masked or de-identified information) for any purpose. If we combine information that is not in personally identifiable form with information that is (such as combining your name with your geographical location), we will treat the combined information as personal information as long as it is combined.
Contact Information
“Contact Information” means information that allows someone to identify or contact you (e.g., your name, phone number, home address, and email address). Unless otherwise stated in this Statement, we do not share your Contact Information with anyone without your permission. However, we may use your Contact Information to market Telos Alliance products and third-party products and services to you via various methods. You can stop the delivery of future promotional emails from us by following the specific instructions in the advertising emails you may receive. These choices do not apply to the receipt of mandatory service communications that are considered important to the Telos Alliance Products or services you receive.
Service Information
“Service Information” means information necessary or useful to us in providing the Telos Alliance products to you (e.g., Telos Alliance products you use and how/when you use them). This information is used by us for operation of the Telos Alliance products, to provide services or information to you, to maintain the quality of our products and services, and to provide general statistics regarding use of the Telos Alliance products. We may also use Service Information for customer support, Telos Alliance product restoration, research and development activities for new products and services, and other similar purposes. Finally, we may provide certain Service Information to selected third parties, such as our business partners, to improve the Telos Alliance products or the services we provide, for marketing purposes, or otherwise where we have obtained your consent.
Anonymized Information
Sometimes we may “anonymize” your information by removing any identifier that can be associated with you. Anonymized information helps us develop reports and analyses about how our customers use the Telos Alliance products and for other research such as behavioral inferences. We may publically share or sell anonymized information and reports and analyses based on anonymized information. We may disclose aggregated, anonymized information, and analyses and reports derived from such information to third parties including utilities, our service providers, suppliers, advertisers, merchants, consumer and market research companies and other organizations. We may share non-personally identifiable information (for example, aggregated or anonymized customer data) publicly and with our partners. We take steps designed to keep this non-personally identifiable information from being associated with you, and we require our partners to do the same.
4. Choice
Telos Alliance will give individuals the opportunity to affirmatively and explicitly consent (opt in) to the disclosure of such person data and sensitive personal data to a third party or the use of the personal data or sensitive personal data for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Telos Alliance will provide individuals with readily available, affordable and reasonable mechanisms to exercise their choices.
Your California Privacy Rights
Under California’s “Shine the Light Law”, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year.
To obtain this information on behalf of Telos Alliance, please send an email message to privacy@telosalliance.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in the response. Please be aware that not all information is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
5. Security
Telos Alliance will take reasonable steps to protect the personal data in its possession from loss, misuse, unauthorized access, disclosure, alteration, and destruction, and will take precautions with regard to the nature of the data and the risks of the processing, to preserve the security of the data and, in particular, prevent its alteration and damage or access by non-authorized third parties. Telos Alliance has put in place technical, physical, and organizational procedures and security measures designed to safeguard and secure the personal data from destruction, loss, alteration, unauthorized access or disclosure, or other forms of unauthorized or unlawful processing commensurate with the risks posed by the particular type of processing, the nature of the personal data and in accordance with applicable law and guidelines, if any, promulgated by authorities having jurisdiction therefor, and taking into consideration the cost of implementing such measures. Telos Alliance cannot guarantee the security of personal data on or transmitted via the Internet.
Telos Alliance will comply with the GDPR, and other applicable local laws, rules and regulations with respect to data breach disclosure and notification.
6. Access
Upon request by the individual, Telos Alliance will grant individuals reasonable access to their personal data. Such access will include: (1) confirmation as to whether or not personal data concerning him or her are being processed; (2) the purposes of the processing; (3) the categories of personal data concerned; (4) the recipients or categories of recipient to whom the processing data have been or will be disclosed, in particular recipients in third countries or international organizations; (5) if possible, the period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (6) the existence of the right to request from Telos Alliance rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; (7) the right to lodge a complaint with a supervisory authority; (8) information about the source of the data, if not directly from the data subject; (9) whether the personal data will be subject to automated processing, including profiling and, if so, the logic and potential consequences involved; and (10) if the data is transferred to a third country or international organization, information about the safeguards that apply.
7. Rectification
If the data subject requests, their personal data collected by Telos Alliance will be corrected and incomplete personal data completed based on information provided by the data subject. Where necessary, Telos Alliance will take steps to validate the information by the data subject to ensure that it is accurate before amending it.
8. Erasure
If the data subject requests, their personal data collected by Telos Alliance will be erased without undue delay provided that one of the following applies: (1) the personal data are no longer necessary for the purposes for which they were collected; (2) the data subject withdraws consent and there is no other legal ground for processing; (3) the data subject objects to the processing of the personal data; (4) the personal data have been unlawfully processed; (5) the personal data have to be erased for compliance with a legal obligation of Telos Alliance; or (6) where the personal data was relevant to the data subject as a child.
9. Portability
If the data subject requests, their personal data collected by Telos Alliance will be provided to them in a structured, commonly-used and machine-readable or the personal data transferred to another party.
10. Enforcement
Telos Alliance will use a self-assessment approach to verify compliance with this Statement and periodically verify that the Statement is accurate, comprehensive for the information intended to be covered, prominently displayed, implemented and accessible, and in conformity with this Statement.
Telos Alliance encourages interested persons to raise any concerns using the contact information provided in this Statement. Telos Alliance will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal data in accordance with this Statement. Any employee of Telos Alliance that Telos Alliance determines is in violation of this Statement will be subject to disciplinary action up to and including termination of employment.
Telos Alliance will (1) provide recourse to data subjects with respect to enforcement of this Statement; (2) provide follow up procedures for verifying that the attestations and assertions Telos Alliance has made about its privacy practices are true; and (3) remedy problems arising from the failure of Telos Alliance to comply with this Statement.
11. Dispute Resolution
In compliance with this Statement, Telos Alliance commits to resolve complaints about the privacy, collection, and use of personal data. Persons with inquiries or complaints about this Statement are encouraged to first contact Telos Alliance.
12. Changes to this Statement
This Statement may be amended from time to time, consistent with the requirements of applicable law. A notice will be posted by Telos Alliance on Telos Alliance Internet website located at http://www.telosalliance.com when this Statement is changed.
13. Other Policies
Telos Alliance has other policies that may be applicable to personal data.
14. Contact Information
Questions, comments or communications regarding this Statement can be submitted to Telos Alliance by mail to:
1241 Superior Avenue
Cleveland, OH 44114
Attention: Privacy
Or by e-mail to privacy@telosalliance.com
Or by telephone at +1 216.241.7225