Terms of Service
Last Updated: January 21st, 2011
1. License. The contents of our App, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including HTML or XML-based computer programs) and other material, are protected under both United States and foreign copyright, trademark, and other laws. These contents belong or are licensed to ControlPanelTech. We hereby grant you the right to view and use our App subject to these Terms. You may download or print a copy of information provided in the App for internal use or distribution only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
2. Your Responsibility. You assume all responsibility for your use of, or access to, this App, including your access to any ControlPanelTech literature obtained from the App, and waive all claims or causes of action against ControlPanelTech, its officers, directors, employees, agents and affiliates in connection therewith.
3. Disclaimer. THIS APP AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEE THAT THE INFORMATION ON THIS APP IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS APP WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. Changes are periodically made to the information herein; these changes will be incorporated in new editions of the App.
4. Additional Products and Services Disclaimer. ControlPanelTech makes available certain descriptions of its products and services on the App. ControlPanelTech does not represent or warrant that any particular product or service will conform to those descriptions. Each product or service is governed specifically and exclusively by the instrument entered into by the parties for that product or service and not by any information posted on the App. This paragraph 4 is in addition to and not instead of the disclaimers set forth in paragraph 3 above.
5. Indemnity. You agree to indemnify, defend and hold harmless ControlPanelTech, its officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to any violation of these Terms or any activity related to use of the App (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the App on your behalf.
6. Restricted Access Portions Of The App. You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the App using your user name or password. You agree that, if you are provided rights to access or use restricted areas of the App, those rights are non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share the user name and password to any one other than an employee or agent authorized to act on your behalf, and subject to all of the provisions set forth in these Terms. You assume all responsibility for loss or misuse of your password and are responsible for any activities undertaken by a person in possession of your user name or password for any reason other than solely due to the negligence of ControlPanelTech.
7. Privacy. We may use any information you provide internally for any business purpose, including to send you subsequent communications. We may sell or transfer your business information to a third party for any reason, without your permission. Privacy of personal information provided through our App, and general information on cookies and what they are, are addressed in our iPhone Application Privacy Statement.
9. Governing Law and Forum. These Terms, and the interpretation, performance and enforcement of your and ControlPanelTech’s rights and duties, shall be construed in accordance with the laws of the State of New York, except for the conflict or choice-of-law principles thereof. By using the App, you agree to submit any and all disputes arising out of or relating to these Terms to the exclusive jurisdiction of the state or federal courts located in Dutchess County, New York, or, at ControlPanelTech’s sole election, to binding arbitration before a single arbitrator pursuant to the American Arbitration Association’s Commercial Dispute Resolution Procedures, with such arbitration to take place in Dutchess County, New York.
10. Contacting Us. If you have any questions or concerns about these Terms, please contact us at contact(at)controlpaneltech.com.
ControlPanelTech Privacy Principles:
1.You have control over what information you share, and whom you share it with.
2.We do not share your personal information with people or services you don’t want.
3.We will work hard to be a responsible steward of the information we hold.
4.We store your information to improve your user experience.
Last revised: February 23, 2011
Capitalized terms not defined herein shall have the meanings as set forth in terms of service (the “Agreement”). By using the Application or the ControlPanelTech Services, you consent to the privacy practices described in this Policy.
We reserve the right, at our sole discretion, to change, modify or otherwise alter this Policy at any time. You can find the most recent version of this Policy here, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of this Policy whenever you use the Application or access the Site to check if they have been updated. You must review these this Policy on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised Policy, your sole recourse is to immediately stop all use of the Application and the Site. Your continued use of the Application or the Site following the posting of modifications will constitute your acceptance of the revised Policy. Should you have any questions regarding the use of the Policy, please contact us at the contact information listed at the end of this Policy. None of our employees or agents have the authority to vary any of our Policies.
Our Policy Towards Children
Our Services are not directed to people under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at privacy(at)controlpaneltech(dot)com. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account. By using the Application and the ControlPanelTech Services, you are representing to us that you are not under the age of 13. If you are under 13 years of age, please do not use the Application and immediately delete it from your User Devices. We recommend that minors 13-18 years old ask their parents for permission before sending any information about themselves to anyone using the Application or the Site.
1. WHAT KIND OF INFORMATION WE COLLECT
We may collect the following types of information below whenever you use the Application.
Personal Information. ”Personal Information” is personally identifying information that you transmit or receive when you use the Application, which identifies you or your friends, such as names, emails, addresses, websites, telephone and fax numbers, files, content, photographs, or whatever information you transmit or receive using the Application.
Session and Usage Data. ”Session and Usage Data” is collected anonymously and includes, without limitation, all connection and service-related data submitted to us through your use of the Application relating to the connection request, server communication and data sharing, including network measurements, quality of service, date, time and location of the ControlPanelTech. Session and Usage Data does not include Personal Information or Content you may share through the Application (Photos, Contacts, Calendar Appointments, etc.). We use Session and Usage data to improve the functionality and features of the Application. We also may aggregate Session and Usage data as described in Aggregate Information below.
We also collect personal information if you provide it to us via e-mail or the Site. We may collect information that identifies you personally when you send us comments, questions or suggestions. Also, we automatically receive certain types of information whenever you interact with us or use our Application or our Site. For example, our systems may automatically collect your IP address and the type of browser or operating system you use (“Log Data”). We use Log Data to monitor the use of the ControlPanelTech Services, and for the technical administration of the ControlPanelTech Services.
Aggregate Information. ”Aggregate Information” is data we collect about a group or category of services or Users from which individual User identities have been removed. In other words, information on how you use the Application may be collected and combined with information about how others use the Application, but no personal information will be included in the resulting data. Aggregate data helps us understand trends in our Users’ needs so that we can better consider new features or otherwise tailor the Application. We may share aggregate information about our Users with third parties for various purposes, including to help us better understand and improve our services, and for advertising and marketing purposes.
Security. ControlPanelTech is very concerned about safeguarding the confidentiality of your Personal Information. We limit access to Personal Information to employees or contractors who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. Please be aware that no security measures that we take to protect your information is perfect or impenetrable.
In addition, we cannot control the actions of other Users with whom you share your information. We cannot ensure that information you share with other Users using the Application will not become publicly available. We are not responsible for third party circumvention of our security measures. You can reduce these risks by using common sense security practices such as refraining from sharing your information with people you don’t know and limiting the information that you choose to share using the Application.
2. HOW WE USE YOUR INFORMATION
For our internal business operations. In general, we use Session and Usage Data internally to serve our Users and enable them to take maximum advantage of the Application. We also store Personal Information to improve the functionality of the Application. All information collected is stored in our database and may be archived elsewhere. Access to your Personal Information other than Session and Usage Data will be limited to our employees and contractors.
We may also combine information about you that we have with information we obtain from business partners or other companies. For example, Personal Information may be used to conduct marketing analysis, to create an individual profile and provide personalized services, to provide services or complete transactions you have requested, to anticipate and resolve problems with the Application and the Site, to respond to customer support inquiries, and to create and inform you of new products and services from us that better meet your needs. By requesting a service or clicking on an ad, you give consent for us or our marketing partners to communicate with you at any of the contact points you provide to us for any of the aforementioned purposes.
If you use our “Share ControlPanelTech By Email” feature to tell your friends about the Application, your friends will be sent an email to invite them to visit the Site and/or download the Application.
We may use information about you for our own internal purposes, such as to estimate our audience size, measure aggregate traffic patterns as well as to understand demographic, customer interest, and other trends among our Users.
We may engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your Personal Information with these third parties, but only to the extent necessary or useful to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
Information about our Users, including Personal Information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the Site or the Application, or fulfill products, sale or pledge of company assets as well as in the event of an insolvency, bankruptcy or receivership in which Personal Information would be transferred as one of the business assets of the company.
For marketing purposes. We do not disclose your Personal Information (other than Aggregate Information) to third parties for the third parties’ direct marketing purposes, unless you first affirmatively agree to that disclosure.
We do not rent, sell, or share Personal Information about you with other people or non-affiliated companies except to provide products or services you’ve requested, when we have your permission, or under the following circumstances: (i) as may be necessary to perform internal analyses and business functions; (ii) as part of a business transfer; or (iii) when required by law or permitted to protect our rights, property, or safety.
If you use the Application or the Site, you consent to our collection of your Session and Usage Data. We may use this information for internal analyses and external marketing purposes as described in this Policy.
We may display targeted advertisements based on Personal Information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteriaÃ³for example, women ages 18-24 from a particular geographic area. We do not provide any Personal Information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will assume that you meet the targeting criteria used to display the ad.
For legal enforcement. We may release your Personal Information in the good faith belief that release is appropriate and necessary to comply with legal process or authority (e.g., a lawful subpoena, warrant or court order); to enforce or apply our policies; to initiate, render, bill, and collect for amounts owed to us; to protect our rights, property, or personal safety, our Users, our employees, or the public; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. This may include sharing information with other companies, lawyers, courts or other government entities.
We may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. This may include respecting requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law under the local laws in that jurisdiction, apply to Users from that jurisdiction, and are consistent with generally accepted international standards.
3. THIRD-PARTY SITES
In general, the Application accesses third party information (such as your Facebook account information) through application interfaces. However, please be aware that we may provide links to third-party Web sites, such as Facebook, as a service to our Users. When you click on links of third parties on the Application or the Site, you may leave the Application or the Site. Some of these third party sites may be co-branded with our name/logo or our affiliated entity’s name/logo, even though they are not operated or maintained by us. The Site may also carry advertisements from other companies. We are not responsible for the privacy practices of Web sites operated by third parties that are linked to the Site or for the privacy practices of third party or national Internet advertising companies, which differ from ours. You are solely responsible for reading and accepting their privacy and related policies.
4. ACCESS AND CONTROL OF PERSONAL INFORMATION
You may view, correct, and delete your Personal Information at any time using the Application. Generally, you should be careful when making any Personal Information available to the public. We reserve the right to send you certain communications relating to the Application and the Site, such as customer service responses and other administrative messages.
5. INTERNATIONAL USERS
By using the Site and the Application and providing us with data, you acknowledge and agree that we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. Please note that your Personal Information will be stored and processed on our computers in the United States. The laws on holding personal data in the United States may be less stringent than the laws of your country. If you object to your Personal Information being transferred or used as described in this Policy, please do not use the Application and immediately delete it from your devices.
6. YOUR PRIVACY RIGHTS – FOR CALIFORNIA RESIDENTS
We do not disclose your Personal Information to third parties for the third parties’ direct marketing purposes, unless you first affirmatively agree to that disclosure.
California Civil Code Section 1798.83 permits customers who are California residents to request certain information regarding disclosure of Personal Information to third parties for their direct marketing purposes. If you would like more information with respect to your privacy rights under California law, you may contact us at the contact point below. Please reference your request as “California Disclosure Information.”
7. CONTACTING US / REPORTING VIOLATIONS
If you have any questions or comments about this Policy or our privacy practices, or to report any violations of the Agreement or abuse of the Application, please contact us at contact(at)controlpaneltech(dot)com