Terms of Service
1. SaaS Services And Support
1.1 Subject to the terms of this Agreement, Digital Fortress will use commercially reasonable efforts to provide Customer the Services. As part of the registration process, Customer will identify an administrative user name and password for Customer’s Digital Fortress account. Digital Fortress reserves the right to refuse registration of, or cancel passwords it deems inappropriate.
1.2 Subject to the terms hereof, Digital Fortress will endeavour to provide Customer with reasonable support services, through electronic mail or another online mechanism, in accordance with Digital Fortress’s standard practice.
2. Restrictions and Responsibilities
2.1 This is a contract for Services and any software that is provided (regardless of the premises location) will be installed, accessed and maintained only by or for Digital Fortress and no license is granted thereto. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Digital Fortress or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Digital Fortress’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Digital Fortress against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services. Although Digital Fortress has no obligation to monitor Customer’s use of the Services, Digital Fortress may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
2.3 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.
3. Confidentiality; Proprietary Rights
3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Digital Fortress includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Digital Fortress to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
3.2 Customer shall own all right, title and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to Customer as part of the Services. Digital Fortress shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Professional Services or support, and (c) all intellectual property rights related to any of the foregoing.
3.3 Notwithstanding anything to the contrary, Digital Fortress shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Digital Fortress will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Digital Fortress offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
4. Payment Of Fees
4.1 Customer will pay Digital Fortress the then applicable fees described in the Order Form for the Services and Professional Services in accordance with the terms therein (the “Fees”). Digital Fortress reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Digital Fortress has billed Customer incorrectly, Customer must contact Digital Fortress no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Digital Fortress’s customer support department.
4.2 Digital Fortress may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Digital Fortress thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Digital Fortress’s net income.
5.1 Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.
5.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of non-payment), if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Digital Fortress will make all Customer Data available to Customer for retrieval for a period of thirty (30) days, but thereafter Digital Fortress may, but is not obligated to, delete stored Customer Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
6. Warranty And Disclaimer
Digital Fortress shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Professional Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Digital Fortress or by third-party providers, or because of other causes beyond Digital Fortress’s reasonable control, but Digital Fortress shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, DIGITAL FORTRESS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND DIGITAL FORTRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
7. Limitation Of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, DIGITAL FORTRESS AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND DIGITAL FORTRESS’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO DIGITAL FORTRESS FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT DIGITAL FORTRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Government Matters
Customer may not remove or export from the “Country of Service” or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the “Country of Service” Department of Commerce, the “Country of Service” Department of Treasury Office of Foreign Assets Control, or any other “Country of Service” or foreign agency or authority. As defined in the Software and documentation are “commercial items” and according to relevant terms are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with the applicable terms and regulations, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the “Country of Service” Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Digital Fortress’s prior written consent. Digital Fortress may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Digital Fortress in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the “Local State” without regard to its conflict of laws provisions.
10. Data Retention
All customer data is confidential. Customers must submit written request for removal for customer data. All customer data disposal requests must be tracked in a ticket. All customer data disposal requests must be completed and confirmed within 30 days. Digital Fortress will erase customer log data immediately after termination of services, but not Customer Metadata IE (Email accounts, Phone number, etc) The metadata will be kept until customer request to delete all metadata. Customer has until this 90 days to request data disposal. After this period, Digital Fortress may retain or remove data according to business needs and capacity planning
This privacy statement describes how Digital Fortress, Inc. (“Digital Fortress,” “we,” “us,” “our”) collects and uses the personal information you provide on our website located at Digital Fortress.com and/or mobile apps and related services (collectively, the “Services”). It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.
Collection And Use Of Personal Information
- We may collect the following personal information from you that you provide to us, directly or indirectly:
- Contact information such as name, email address, mailing address, phone number
- Billing information such as credit card number, and billing address
- Unique identifiers such as user name, account number, password; note we may collect such information about you regarding your accounts with third-party services when you link those services to your account.
- Preferences information you provide such as product or content interests, or communication or marketing preferences
- Usage activity about how you interact with us such as purchase history, what content you viewed, and which areas of our site you visited.
- Demographic information such as household income, age, education, gender, interests, and zip code.
- Information collected automatically about your device and your usage of the Services, such as IP address, browser type, referring/exit pages, and operating system.
We may also collect information about you from third parties, such as when others give us your information (e.g., to invite you to use the Services), from data enrichment services (e.g., to better tailor our communications to you), or when you link your account to third party services (e.g., when you link your email account to upload your contacts). We will only use information collected from third parties for the specific reason for which it was provided to us and for no other purpose.
We use the information we collect to:
- Create and administer your account with us
- Provide you with the Services
- Process and fulfil your orders and requests
- Provide you with customer support or technical support, and to respond to your requests and inquiries
- Communicate with you with respect to your access and use of the Services, including to send you order confirmations, requested information about products or services, updates on products and warranty information, and similar communications
- Send you newsletters or other promotional or marketing communications, and to monitor the performance of our advertisements and marketing efforts
- Linking your account with accounts you have with third-party service providers
- Securing the Services and our systems
- Sharing with third parties for the purposes discussed in “Disclosure to Third Parties”, below
Disclosure To Third Parties
We disclose information we collect in the following cases:
- You asked us to, or otherwise gave your specific consent.
- With vendors we engage to provide you with aspects of the Services, such as facilitating communications with you and other users, maintaining our databases, and processing payments.
- As required by law, such as to comply with a subpoena, or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request
We or a third party contracted by us may use technologies such as cookies, Web beacons, or scripts to gather information about how you and others interact with our Web site. For example, we will know how many users access a specific areas or features within our site and which links or ads they clicked on, or we may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the site. We use this aggregated information to understand and optimize how our site is used, improve our marketing efforts, and provide content and features that are of interest to you.
If you would prefer not to accept cookies or to disable our use of tracking technologies, most browsers and mobile devices allow you to change your settings with respect to such technologies. If you’re in the EU, you can find additional information about your choices with respect to advertising networks and online behavioural advertising by contacting us.
Please note that, if you continue to use the Services without blocking or disabling cookies or other tracking technologies, you hereby consent to our use of these tracking technologies and to our use of any personal information that we collect through their use.
Third Parties With Whom We May Share Customer Data
We use a limited number of third party providers to assist us in providing the Services to our customers. As of the date hereof, these third party providers perform technical operations such as database monitoring, data storage and hosting services and customer support software tools. These third parties may access, process or store personal data in the course of providing these services, but based on our instructions only.
If we receive personal data subject to our certification under the Privacy Shield and then transfer it to a third-party service provider acting as an agent on our behalf, we have certain liability under the Privacy Shield if both (i) the agent processes the personal data in a manner inconsistent with the Privacy Shield and (ii) we are responsible for the event giving rise to the damage.
Federal Trade Commission Enforcement
Our Privacy compliance is subject to the investigatory and enforcement powers of the Federal Trade Commission or equivalent bodies in the applicable “Country of Service”
Right of Access
Requirement to Disclose
We may disclose personal data when we have a good faith belief that such action is necessary to: conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements; or to enforce our contractual obligations.
The security of your personal information is important to us. When you provide sensitive information (such as a credit card number) to us, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at firstname.lastname@example.org
Access and Control of Your Personal Information You can access, correct, amend, or delete certain personal information by accessing the Settings of your account. If you cannot find the relevant personal information there, you may contact us at email@example.com and we will assist you. You may opt-out of certain collection, use, and disclosure practices. Specifically:
You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at firstname.lastname@example.org.
You may opt-out of certain cookies and tracking technologies. Please see the instructions in the “Tracking Technologies” section, above.
You may opt out of all collection by terminating your account with us and ceasing all use of the Services. To delete your account, please email us at email@example.com. We will then delete your personal information within a commercially reasonable period of time; provided, however, that we may need to retain some personal information that is otherwise deleted in archived or backup copies as required pursuant to records retentions obligations, to resolve disputes or enforce our contractual agreements, or otherwise as required by law.
Digital Fortress is located in Singapore, and we process and store information on servers located in the APAC Region and the United States. By using the Services, you consent to the transfer of your personal information to locations that may be outside of your country of residence, including but not limited to those mentioned. You acknowledge and agree that, as a condition of providing us with any information, you have legal authority to transfer it to the United States. EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield As described further in our Privacy Shield Policy, Digital Fortress has self-certified to the EU-U.S. and Swiss-U.S. Privacy Shield frameworks set forth by the U.S Department of Commerce. Notification of Privacy Statement Changes We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Other Terms And Conditions
Our Commitment to You and the Protection of Your Data
Digital Fortress is committed to partnering with customers and users to help them prepare for the General Data Protection Regulation (GDPR). The GDPR is a comprehensive EU data privacy law, and will came into effect on May 25, 2018. In addition to strengthening and standardizing user data privacy across the EU nations, it will require new obligations for all organizations that handle EU citizens’ personal data, regardless of where the organizations themselves are located. This page shows how Digital Fortress achieves GDPR-compliance, as well as how customers can interface with Digital Fortress to ensure their own adherence to the GDPR.
Preparing for GDPR
Recent updates to GDPR have expanded the requirements significantly, and our team is always working diligently to ensure Digital Fortress’s product offerings and contractual commitments remain compliant with new standards. Active measures to achieve this include:
- Continuously investing in the security of our infrastructure
- Ensuring appropriate contractual terms are in place.
- Supporting international data transfers by maintaining our Privacy Shield self-certifications
- Executing Standard Contractual Clauses in our updated Data Processing Addendum
Digital Fortress also monitors for changes to GDPR compliance from privacy-related regulatory bodies, and reviews guidance from our world-class legal team. As we streamline our GDPR compliance, we will provide you with regular updates to ensure your own organization remains compliant.
Our Security Infrastructure and Certifications
Protecting the data privacy of our customers is always a top priority at Digital Fortress. As a predominantly cloud-based company, we are entrusted with our customers’ most valuable data, so we ensure high security standards are reviewed and enforced. Digital Fortress will commit it’s best efforts to meet its obligations and offer contractual assurances and to comply with E.U. data protection laws around international data transfer mechanisms.
Fulfilling our privacy and data security commitments is important to us, so we’re happy to help you prepare for all the changes the GDPR brings. This page will be revised to reflect GDPR-related information as it becomes available. If you have any questions about how Digital Fortress can help you with compliance, please do not hesitate to reach out to us.
Questions or Complaints:
If you are a resident of a country participating in the Privacy Shield and you believe we maintain your personal data, you may direct any questions or complaints concerning compliance to firstname.lastname@example.org or at our mailing address: Digital Fortress Pty Ltd C/- Alkemade & Associates Pty Ltd 12 Glen Shian Crescent Mount Eliza, VIC, 3930
We will work with you to resolve your issue.