Privacy

Privacy Policy for Information Collected by the Insert, Inc. (“Insert”) Website (the “Website”)
Last updated 20 Jan 2016

Privacy

Insert’s Privacy Policy applies to use of this website, and its terms are made a part of these Terms of Use by this reference.

 

Links to Other Sites

This Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience. Such Linked Sites are not under insert’s control, and insert is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

 

Disclaimers

INSERT DOES NOT PROMISE THAT THIS WEBSITE OR ANY CONTENT, PRODUCT, SERVICE, OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. INSERT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. INSERT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INSERT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS WEBSITE AND/OR ANY INSERT PRODUCTS AND SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST INSERT FOR DISSATISFACTION WITH THIS WEBSITE OR ANY CONTENT IS TO STOP USING THIS WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, theft, destruction, or unauthorized access, in connection with or related to your use of this website and/or any insert products and services, whether for breach of contract, tort, negligence or any other cause of action.

 

insert reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to this website, or any portion of this website, for any reason; (2) to modify or change this website, or any portion of this website, and any applicable policies or terms; and (3) to interrupt the operation of this website, or any portion of this website to perform routine or non-routine maintenance, error correction, or other changes.

 

Limitations of Liability

Except where prohibited by law, in no event will insert be liable to you for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages or damages for loss of business, revenue, profits, goodwill, use, data, or other economic advantage, even if insert has been advised of the possibility of such damages.  If, notwithstanding the foregoing and other provisions of these Terms of Use, insert is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of this website, insert’s aggregate liability shall in no event exceed US $100.00.  These limitations shall apply notwithstanding any failure of the essential purpose of any remedy. Some jurisdictions do not allow limitations of liability, so the foregoing limitations may not apply to you.

 

Indemnity

You agree to indemnify and hold insert, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, parent, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against insert by any third party due to or arising out of or in connection with your use of this website.

 

Violation of These Terms of Use

insert may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) insert’s rights or property, or the rights or property of visitors to or users of this website, including insert’s customers. insert reserves the right at all times to disclose any information that insert deems necessary to comply with any applicable law, regulation, legal process or governmental request. insert also may disclose your information when insert determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.  You acknowledge and agree that insert may preserve any transmittal or communication by you with insert through this website or any service offered on or through this website, and may also disclose such data if required to do so by law or insert determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of insert, its employees, users of or visitors to this website, and the public.  You agree that insert may, in its sole discretion and without prior notice, terminate your access to this website and/or block your future access to this website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of this website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to insert, for which monetary damages would be inadequate, and you consent to insert obtaining any injunctive or equitable relief that insert deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies insert may have at law or in equity. You agree that insert may, in its sole discretion and without prior notice, terminate your access to this website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of this website or any service offered on or through this website, or (4) unexpected technical issues or problems.  If insert does take any legal action against you as a result of your violation of these Terms of Use, insert will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to insert. You agree that insert will not be liable to you or to any third party for termination of your access to this website as a result of any violation of these Terms of Use.

 

Termination without Cause

insert may, in its sole discretion, terminate or suspend your use of the website and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others.

 

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of this website, including all disputes, will be governed by the laws of the State of New York without regard to its conflicts of laws provisions.  You irrevocably submit to the exclusive jurisdiction of the federal and state courts of or located in the County of New York, State of New York for any matter arising under or related to your access to or use of this website, waive objection to venue in these courts, and agree to the personal jurisdiction of these courts.

 

Void Where Prohibited

insert administers and operates this website from its location in New York and from the location of its affiliate in Israel. Although this website is accessible worldwide, insert makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact certain products and services may not be available worldwide. Any offer for any feature, product or service made on this website is void where prohibited. You are solely responsible for complying with applicable local laws.

 

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on this website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and insert with regard to your use of this website, and any and all other written or oral agreements or understandings previously existing between you and insert with respect to such use are hereby superseded and cancelled. Other than as provided in a License Agreement you enter into with insert, insert will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. insert’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by insert of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between insert and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

Feedback

Any feedback, ideas, or materials that you provide on or to this website shall be deemed to be non-confidential. insert shall be free to use such feedback, ideas, and/or materials on an unrestricted basis.

 

Contact

You may contact insert with questions or concerns about these Terms of Use at [email protected]

 

 

 

insert Privacy Policy

 

Special Note: Personal Information obtained by insert may be transferred to and processed in the United States or any other country in which insert or its affiliates or service providers maintain facilities, even if the level of data privacy required in that country is less than required by the European Union. BY USING THIS WEBSITE, YOU CONSENT TO SUCH TRANSFERS AND TO THE WORLDWIDE PROCESSING OF YOUR PERSONAL INFORMATION.

 

Collection and Use of Personal Information

Personal information is data that can be used to identify or contact a single person.  You may be asked to provide your personal information anytime you are in contact with insert. insert and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

 

What personal information we collect

When you create an insert ID, purchase a software license, or contact us, we may collect a variety of information, including your name, mailing address, phone number, and email address.

 

How we use your personal information

The personal information we collect allows us to keep you posted on insert’s latest product announcements, updates, and upcoming events. If you don’t want to be on our mailing list, you can opt out anytime by sending us a request to opt out at the address indicated on our emails (or, if no address is indicated, to [email protected]).  We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.  We may use your personal information to verify identity, assist with identification of users, and to determine appropriate services.  We may also use personal information for internal purposes such as auditing, data analysis, and research to improve insert’s products, services, and customer communications.

 

Collection and Use of Non-Personal Information

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:  We may collect information such as, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where an insert product is used so that we can better understand customer behavior and improve our products, services, and advertising.  We may collect information regarding customer activities on our website and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.  We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services.

 

Cookies and Other Technologies

This website may use our own or third party cookies and other technologies (such as pixel tags and web beacons). These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.  You may disable any cookies, but certain features of the insert website may not be available once cookies are disabled.

We gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data.  We use this information to understand and analyze trends, to administer this website, to learn about user behavior on this website, to improve our product and services, and to gather demographic information about our user base as a whole. insert may use this information in our marketing and advertising services.

 

In some of our email messages, we use a “click-through URL” linked to content on the insert website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

 

Pixel tags enable us to send email messages in a format that customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

 

Disclosure to Third Parties

At times insert may make certain personal information available to business partners that work with insert to provide products and services or that help insert market to customers. Personal information will only be shared by insert to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.

 

Service Providers

insert shares personal information with companies who provide services such as information processing and managing customer data. These companies have undertaken to protect your information and may be located wherever insert operates.

 

Others

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for insert to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.  We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. In the insert Terms of Use, under the section Violation of These Terms of Use, we also detail certain circumstances under which we may disclose your information to third parties. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

 

Protection of Personal Information

insert takes the security of your personal information seriously. We use computer systems with limited access and other appropriate safeguards to help us protect your personal information from unauthorized access, use and disclosure.  Our business partners and service providers have also undertaken to protect such information from unauthorized access, use and disclosure.  When you use some insert products, services, or applications or post on an insert forum, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

 

Retention of Personal Information

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

 

Access to Personal Information

We will provide you with access to personal information about you that we hold for any purpose, including to request that we correct the data if it is inaccurate or delete the data if insert is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

 

Governing Law; Dispute Resolution

You agree that all matters relating to this Privacy Policy will be governed by the laws of the State of New York without regard to its conflicts of laws provisions.  You irrevocably submit to the exclusive jurisdiction of the federal and state courts of or located in the County of New York, State of New York for any matter arising under or related to this Privacy Policy, waive objection to venue in these courts, and agree to the personal jurisdiction of these courts.

 

Contact

You may contact insert with questions or concerns about this Privacy Policy by sending an email with the words “Privacy Policy” in the subject line to [email protected]  You may also write to insert at 1732 1st Avenue, #29868, New York, NY 10128.

 

All the information that we collect and that you provide may be transferred or accessed by entities around the world as described in this Privacy Policy.  If you do not consent to this, do not use this website.

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