1. Children Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
2. Accounts Some Service features require an account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
3. Security You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify MTG of any unauthorized uses of your blog, your account, or any other breaches of security. MTG will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
4. Responsibility of Contributors If you post information or material to the Services or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using the Services, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to MTG for inclusion on a publically available Service, you grant MTG a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your content. This license allows MTG to make publicly-posted content available to third parties so that these third parties can distribute your content through their services. You also give other Service users permission to share your Content on other Services and to add their own Content to it (e.g. to re-post your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your Content. If you delete Content, MTG will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, MTG has the right (though not the obligation) to, in MTG’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in MTG’s reasonable opinion, violates any MTG policy or is in any way no longer in use or harmful or objectionable, or (iii) terminate or deny access to and use of Services to any individual or entity for any reason. MTG will have no obligation to provide a refund of any amounts previously paid.
5. Responsibility of Visitors MTG has not reviewed, and cannot review, all material posted to our Services, and cannot therefore be responsible for that material’s content, use, or effects. MTG does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MTG disclaims any responsibility for any harm resulting from the use by customers or visitors of our Services, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites We have not reviewed, and cannot review, all material made available through the websites and webpages to which our Services link, and that link to our Services. MTG does not have any control over other applications and websites, and is not responsible for their content or its use. By linking to another website, MTG does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MTG disclaims any responsibility for any harm resulting from your use of other websites and webpages.
7. Copyright Infringement and DMCA Policy As MTG asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by a Service violates your copyright, you are encouraged to notify MTG. MTG will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MTG will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MTG or others. In the case of such termination, MTG will have no obligation to provide a refund of any amounts previously paid to MTG.
8. Intellectual Property This Agreement does not transfer from MTG to you any MTG or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with MTG. MTG, mtgsf.com, the MTG logo, and all other trademarks, service marks, graphics and logos used in connection with mtgsf.com or our Services, are trademarks or registered trademarks of MTG. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any MTG or third-party trademarks.
9. Changes We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting them conspicuously in the applicable Service before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
10. Termination MTG may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Services account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties Our Services are provided “as is.” MTG and its suppliers and partners hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MTG nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
12. Limitation of Liability In no event will MTG, or its suppliers or partners, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MTG under this agreement during the twelve (12) month period prior to the cause of action. MTG shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. US Economic Sanctions You expressly represent and warrant that your use of our Services is not contrary to applicable U.S. Sanctions. Such use is prohibited, and MTG reserve the right to terminate accounts or access of those in the event of a breach of this condition.
15. Indemnification You agree to indemnify and hold harmless MTG, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
16. Translation These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will prevail.
17. Miscellaneous This Agreement constitutes the entire agreement between MTG and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of MTG, or by MTG posting a revised version. Except to the extent applicable law, if any provides otherwise to this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Mateo County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Mateo, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MTG may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Meeting Technology Group, Inc. 1900 S Norfolk St, Suite 350 San Mateo, CA 94403
Please direct concerns or questions regarding this policy to: [email protected]
Effective Date: Jan 20, 2017 Last Updated: August 30, 2018
YOUR CONSENT Please review this Policy before using this website or mobile app. By using this website, you are consenting to the collection, use and disclosure of your Information as set forth in this Policy. If you do not agree to be bound by this Policy, you may not access or use this service.
PERSONAL INFORMATION COLLECTED
HOW INFORMATION IS COLLECTED
We collect Information that you give to us. For example, you might create or update your online profile.
We get Information about you from third parties:
USE OF INFORMATION
We use Information as disclosed and described here, subject to any consent required by law:
INQUIRIES AND ENFORCEMENT OF COMPLIANCE In compliance with the E.U.-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Principles, MTG commits to resolve complaints about our collection or use of your Personal Information. EEA and Swiss individuals with inquiries or complaints regarding our E.U.-U.S. Privacy Shield or Swiss-U.S. Privacy Shield policy should first contact MTG at the address provided below. MTG has further committed to refer unresolved E.U.-U.S. Privacy Shield and Swiss-U.S. Privacy Shield complaints to Judicial Arbitration and Mediation Services, Inc. (JAMS), an alternative dispute resolution provider located in the United States. If we do not resolve your complaint, and you have attempted to resolve the complaint using all off the options itemized in Annex I of the Privacy Shield, please contact or visit JAMS at shttps://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction. Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. Please note that if you are not a EEA or Swiss resident, then Privacy Shield requirements regarding the handling of complaints may not apply to you and Privacy Shield enforcement mechanisms may not be available to you.
INFORMATION STORAGE Information we collect from you may be transferred to, or stored at, a destination in the United States or another destination outside of United States. It may be processed by staff operating in these locations who work for us or one of our suppliers. Such staff may be engaged in, among other things, the provision of support services. If you live outside of the United States, you understand and agree that we may transfer your Information to the United States. U.S. laws may not afford the same level or protection as those in your country.
Effective Date: May 24, 2018 Last Updated: August 30, 2018
This Customer Data Processing Addendum (“Addendum”) reflects the requirements of the European Data Protection Regulation (“GDPR”) as it comes into effect on May 25, 2018. Meeting Technology Group, Inc. ("MTG") is committed to providing products and services that meet or exceed GDPR requirements and this Addendum provides you with the necessary documentation of this readiness.
The parties agree as follows:
"Affiliate" means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.
“Authorized Affiliate” means any of Customer Affiliate(s) permitted to or otherwise receiving the benefit of the Services pursuant to the Agreement.
"Control" means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term "Controlled" shall be construed accordingly.
"Controller" means an entity that determines the purposes and means of the processing of Personal Data.
“Customer Data” means any data that MTG and/or its Affiliates processes on behalf of the Customer to provide Services under the Agreement.
"Data Protection Laws" means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.
"EEA"European Economic Area
"EU Data Protection Law" means (i) prior to May 25, 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ("Directive") and on and after May 25, 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (in each case, as may be amended, superseded or replaced).
"Personal Data" means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under applicable Data Protection Law.
"EU-US Privacy Shield" means the EU-US Privacy Shield Framework, as administered by the U.S. Department of Commerce.
"Swiss Privacy Shield" means the Swiss-US Privacy Shield Framework, as administered by the U.S. Department of Commerce.
"Privacy Shield Principles" means the Privacy Shield Framework Principles (as supplemented by the Supplemental Principles) contained in Annex II to the European Commission Decision of 12 July 2016 pursuant to the Directive, details of which can be found at www.privacyshield.gov/eu-us-framework.
"Processor" means an entity that processes Personal Data on behalf of the Controller.
"Processing" has the meaning given to it in the GDPR and "process", "processes" and "processed" shall be interpreted accordingly.
"Security Incident" means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Personal Data.
"Services" means any product or service provided by MTG to Customer pursuant to and as more particularly described in the Agreement.
"Sub-processor" means any Processor engaged by MTG or its Affiliates to assist in fulfilling its obligations with respect to providing the Services pursuant to the Agreement or this Addendum. Sub- processors may include third parties or any MTG Affiliate.
SCOPE AND APPLICABILITY OF THIS ADDENDUM
This Addendum applies where and only to the extent that MTG processes Personal Data on behalf of the Customer while providing the Services and such Personal Data is subject to Data Protection Laws of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom. The parties agree to comply with the terms and conditions in this Addendum in connection with such Personal Data.
Role of the Parties: As between MTG and Customer, Customer is the Controller of Personal Data and MTG shall process Personal Data only as a Processor on behalf of Customer. Nothing in the Agreement or this Addendum shall prevent MTG from using or sharing any data that MTG would otherwise collect and process independently of Customer's use of the Services.
Customer Obligations: Customer agrees that (i) it shall comply with its obligations as a Controller under Data Protection Laws in respect of its processing of Personal Data and any processing instructions it issues to MTG; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for MTG to process Personal Data and provide the Services pursuant to the Agreement and this Addendum.
MTG Processing of Personal Data: As a Processor, MTG shall process Personal Data only for the following purposes: (i) processing to perform the Services in accordance with the Agreement; (ii) processing to perform any steps necessary for the performance of the Agreement; and (iii) to comply with other reasonable instructions provided by Customer to the extent they are consistent with the terms of this Agreement and only in accordance with Customer’s documented lawful instructions. The parties agree that this Addendum and the Agreement set out the Customer’s complete and final instructions to MTG in relation to the processing of Personal Data processing outside the scope of these instructions (if any) shall require prior written agreement between Customer and MTG.
Nature of the Data: MTG handles Customer Data provided by Customer. Such Customer Data may contain special categories of data depending on how the Services are used by Customer. The Customer Data may be subject to the following process activities: (i) storage and other processing necessary to provide, maintain and improve the Services provided to Customer; (ii) to provide customer and technical support to Customer; and (iii) disclosures as required by law or otherwise set forth in the Agreement.
MTG Data: Notwithstanding anything to the contrary in the Agreement (including this Addendum), Customer acknowledges that MTG shall have a right to use and disclose data relating to and/or obtained in connection with the operation, support and/or use of the Services for its legitimate business purposes, such as billing, account management, technical support, product development and sales and marketing. To the extent any such data is considered personal data under Data Protection Laws, MTG is the Controller of such data and accordingly shall process such data in compliance with Data Protection Laws.
Authorized Sub-processors: Customer agrees that MTG may engage Sub-processors to process Personal Data on Customer's behalf. The Sub-processors currently engaged by MTG and authorized by Customer are listed in Annex A.
Sub-processor Obligations: MTG shall: (i) enter into a written agreement with the Sub- processor imposing data protection terms that require the Sub-processor to protect the Personal Data to the standard required by Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this Addendum and for any acts or omissions of the Sub-processor that cause MTG to breach any of its obligations under this Addendum.
Changes to Sub-processors: MTG shall provide Customer reasonable notice (for which email shall suffice) if it adds or removes Sub-processors.
Objection to Sub-processors: Customer may object in writing to MTG’s appointment of a new Sub-processor on reasonable grounds relating to data protection by notifying MTG promptly in writing within five (5) calendar days of receipt of MTG 's notice in accordance with Section 3.3. Such notice shall explain the reasonable grounds for the objection. In such event, the parties shall discuss such concerns in good faith with a view to achieving commercially reasonable resolution. If this is not possible, either party may terminate the applicable Services that cannot be provided by MTG without the use of the objected-to-new Sub-processor.
Security Measures: MTG shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with MTG's security standards (available “Network Topography and Security Measures “).
Confidentiality of Processing: MTG shall ensure that any person who is authorized by MTG to process Personal Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).
Security Incident Response: Upon becoming aware of a Security Incident, MTG shall notify Customer without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer.
Updates to Security Measures: Customer acknowledges that the Security Measures are subject to technical progress and development and that MTG may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by the Customer.
Security Reports and Audits: MTG shall maintain records of its security standards. Upon Customer's written request, MTG shall provide (on a confidential basis) copies of relevant documentation reasonably required by Customer to verify MTG's compliance with this Addendum. MTG shall further provide written responses (on a confidential basis) to all reasonable requests for information made by Customer, including responses to information security and audit questionnaires, that Customer (acting reasonably) considers necessary to confirm MTG's compliance with this Addendum, provided that Customer shall not exercise this right more than once per year.
Processing Locations: MTG stores and processes EU / Swiss Data (defined below) in data centers located in the United States. MTG shall implement appropriate safeguards to protect the Personal Data, wherever it is processed, in accordance with the requirements of Data Protection Laws.
Transfer Mechanism: Notwithstanding Section 6.1, to the extent MTG processes or transfers (directly or via onward transfer) Personal Data under this Addendum from the European Union, the European Economic Area and/or their member states and Switzerland ("EU Data") in or to countries which do not ensure an adequate level of data protection within the meaning of applicable Data Protection Laws of the foregoing territories, the parties agree that MTG shall be deemed to provide appropriate safeguards for such data by virtue of having certified its compliance with the E.U.-U.S. Privacy Shield and Swiss-U.S. Privacy Shield and MTG shall process such data in compliance with the E.U.-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Principles. Customer hereby authorizes any transfer of EU / Swiss Data to, or access to EU / Swiss Data from, such destinations outside the EEA or Switzerland subject to any of these measures having been taken.
RETURN OR DELETION OF DATA
Upon deactivation of the Services all Personal Data shall be deleted. However, this may not apply if MTG is required by applicable law to retain some or all of the Personal Data, or if Personal Data is archived on back-up systems. Back-up systems shall be securely isolated and protected from any further processing, except to the extent required by applicable law.
To the extent that Customer is unable to independently respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement, MTG shall provide reasonable cooperation to assist the Customer. Such assistance may incur a charge to Customer. If any individual request is made directly to MTG, MTG shall not respond to such communication directly without Customer's prior authorization, unless legally compelled to do so. If MTG is required to respond to such a request, MTG shall promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.
To the extent MTG is required under Data Protection Law, MTG shall provide reasonably requested information regarding MTG's processing of Personal Data under the Agreement to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law. Such assistance may incur a charge to Customer.
This Addendum is a part of and incorporated into the Agreement so references to "Agreement" in the Agreement shall include this Addendum.
Except for the changes made by this Addendum, the Agreement remains unchanged and in full force and effect. If there is any conflict between this Addendum and the Agreement, this Addendum shall prevail to the extent of that conflict.
In no event shall any party limit its liability with respect to any individual's data protection rights under this Addendum or otherwise.
This Addendum shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by Data Protection Laws.
Meeting Technology Group, Inc.
ANNEX A - LIST OF MTG SUB-PROCESSORS (Provided on request)