SECURITY

The security of your data and your customers' data is incredibly important to us. Check this page for ongoing updates.

EFFECTIVE: MAY 13, 2018

Applicaster, Inc. (“Applicaster”, “We” or “Our”) has certified with the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield with respect to the Personal Data that (i) We receive from Our Customers' end users; and/or (ii) We collect and/or Process on behalf of, or, in the benefit of the Customers through and/or in the context of the Service (defined below) or the contracts executed with Customers.

Applicaster complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred to the United States. Applicaster has certified to the Department of Commerce that it adheres to the Privacy Shield Principles and Our Privacy Shield certification will be available here.

If there is any conflict between the terms in this Privacy Shield Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view Our certification, please visit https://www.privacyshield.gov/.

1. DEFINITIONS

• “Customer(s)” means prospective, current, or former customers, or clients of Applicaster.
• “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

2. SCOPE
Applicaster's participation in the Privacy Shield applies to the Personal Data subject to EU and Swiss data protection law that (i) Applicaster receives from Customers' end users and/or (ii) Applicaster collects and/or Processes on behalf of Customers through and/or in the context of the Service or the contracts executed with Customers.

3. PURPOSES OF DATA PROCESSING
Applicaster is a supplier of software-as-a-service (SaaS) suite of products, enabling its Customers to create, launch and manage superior end-user experiences on their customized software applications (the “Service”). 
Applicaster will Process the Personal Data it receives from its Customers' end users, for the purposes of providing the Service to Customers. To fulfill these purposes, We may, without limitation, use the Personal Data to provide the Service, to provide support and maintenance, to correct and address technical or service problems, to comply with applicable laws, regulations and orders from public authorities or courts, and/or for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedures.

4. ONWARD TRANSFERS OF PERSONAL DATA
Subject to Section 6 below, We will not transfer Personal Data originating in the EU and/or Switzerland to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of protection to the Personal Data as required by the Principles of the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We may transfer Personal Data to cloud service providers who need the information in order to provide services to or perform activities on Our behalf. In cases of onward transfer to third parties of Personal Data received pursuant to the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield, Applicaster is potentially liable.

5. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
Data subjects have the right to access Personal Data about them, and in some cases to limit use and disclosure of their Personal Data. If you would like to request access to the Personal Data We have processed on behalf of one of the Customers, please contact privacy@applicaster.com and provide your name, contact information and observe the required formalities under applicable law.

6. REQUIREMENT TO DISCLOSE
Applicaster may be required in certain circumstances to disclose Personal Data in response to lawful requests by courts or public authorities, including to meet national security or law enforcement requirement.

7. PRIVACY SHIELD INDEPENDENT RECOURSE MECHANISM
In compliance with the Privacy Shield Principles, Applicaster commits to resolve complaints about Our collection or use of your Personal Data. EU and Swiss individuals with inquiries or complaints regarding Our Privacy Shield policy should first contact Applicaster at: privacy@applicaster.com or by postal mail sent to:

Applicaster Inc.
Attn: Privacy Shield Inquiry
1410 Broadway Suite 340
New York, NY 10018
USA

Applicaster has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles to JAMS, a non-profit alternative dispute resolution provider located in the United States to assist with the complaint resolution process. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint. The services of JAMS are provided at no cost to you.

8. U.S. FEDERAL TRADE COMMISSION ENFORCEMENT
Applicaster is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) to ensure compliance with the EU-US Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles outlined in this notice.

9. ARBITRATION
Under certain conditions, more fully described on the Privacy Shield website, you may also be able to invoke binding arbitration when other dispute resolution procedures have been exhausted.

This is the privacy policy (“Privacy Policy”) that governs how we, Applicaster Ltd. (“Applicaster”, “we”, “our” or “us”), use Personal Information (defined below) that we collect, receive and store about individuals in connection with the use of the website www.applicaster.com and any other website that we operate (each, together with its sub-domains, content and services, a “Site”).

• Introduction. We have implemented this Privacy Policy because your privacy, and the privacy of other users, is important to us. This Privacy Policy explains our online information practices and the choices you can make about the way your Personal Information is collected and used in connection with the Site. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, an email address, physical address, or other contact information.

• Terms of Use.This Privacy Policy forms part of our Terms of Use which is available at https://www.applicaster.com/security (“Terms”). Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Terms.

• Consent and Modification. You are not legally obligated to provide us Personal Information, and you hereby confirm that providing us Personal Information is at your own free will. By using the Site, you consent to the terms of this Privacy Policy and to our collection, processing and sharing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not access or otherwise use the Site. We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective ten (10) days following posting of the revised Privacy Policy on the Site, and your continued use of the Site thereafter means that you accept those changes.

• What Personal Information We Collect and How We Collect It. We do not currently require you to provide Personal Information in order to have access to general information available on the Site. But, we do receive and/or collect Personal Information from you in the following ways:

If you send us a “Contact Us” request, whether by submitting an online form that we make available or by sending an email to an email address that we display, you may be required to provide us with certain information such as your name, email address, company and any other information you wish to provide.

We may make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyze trends, administer the Site, track users’ movement around the Site, and gather demographic information.

Cookies and Other Tracking Technologies. Our Site may utilize “cookies”, anonymous identifiers and other tracking technologies in order for us to provide our Site and present you with information that is customized for you and in order to track users. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Site. Certain cookies and other technologies may serve to recall Personal Information, such as an IP address, previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.

The Site may use a tool called “Google Analytics” to collect information about use of the Site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this Site. We use the information we get from Google Analytics to maintain and improve the Site and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

• The Way We Use Personal Information. If you submit or we collect Personal Information through the Site, then we may use such Personal Information in the following ways:

We will use your Personal Information to provide and improve our Site, to send you marketing/advertisement communications that we believe may be of interest to you and to contact you in connection with the Site and certain programs or offerings that you may have registered for

We may use your designated email address to: (i) send you updates or news regarding the Site and our products; and/or (ii) respond to a “Contact Us”.

We may transfer your Personal Information to our local or foreign subsidiaries or affiliated companies for the purpose of storing or processing such information on our behalf and for our business purposes. Such information may be transferred to other countries. We require that these parties agree to process such information in compliance with our Privacy Policy.

We may share your Personal Information with our third party service providers and partners, but only to assist us with our business operations and to provide our Site to you and other users and in order to provide our services. Such information may be transferred to other countries. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Information.

We may disclose your Personal Information or any information you submitted via the Site if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Applicaster, our users, yourself or the public.

• Use of Anonymous Information. We may use Anonymous Information (as defined below) or disclose it to third party service providers in order to improve our Site and enhance your experience with the Site. We may also disclose Anonymous Information (with or without compensation) to third parties. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our Site.

• Opting Out. You may choose not to receive future promotional, advertising, or other Site-related emails from us by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request and a request to receive demo of our products, that are necessary to facilitate your use of the Site.

• Choice. At all times, you may choose whether or not to provide or disclose Personal Information. If you choose not to provide mandatory Personal Information, you may still visit parts of the Site, but you may be unable to access certain options, programs, offers, and services that involve our interaction with you.

• Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any of your other Personal Information that we may be storing, you may submit an access request by sending an email to privacy@applicaster.com. Your email should include adequate details of your request.

• Links to and Interaction with Third Party Products. The Site may enable you to interact with or contain links to your Third Party Account and other third party websites, mobile software applications and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.

• Children’s Privacy. The Site is not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at privacy@applicaster.com.

• Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable acceptable means to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the Service, you can contact us at privacy@applicaster.com.

• Merger, Sale or Bankruptcy. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.

• California Privacy Rights. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@applicaster.com. Please note that we are only required to respond to one request per customer each year.

• Our California Do Not Track Notice.

  We may collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Site.

  We do not currently respond or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer's online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer's online activities over time and across different web sites when a consumer uses the Site.

• Commitment. We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we are constantly evolving our Service to meet these demands. If you have any comments or questions regarding our Privacy Policy, or your Personal Information that we may be storing and using, please contact us at privacy@applicaster.com.

Last updated:  May 2018

Welcome to http://www.applicaster.com (together with its subdomains, Content, Marks and services, the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Applicaster Ltd. ("Applicaster", "we", "our" or "us"). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (collectively, the "Terms"). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.  If you do not agree to be bound by these Terms please do not access or use the Site.  

1. Background. Thank you for visiting the Site. The Site is intended to provide general information regarding Applicaster, its products and services.

2. Modification.We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.

3. Additional Terms. Certain elements of the Site or other services or programs offered by Applicaster may have different terms and conditions (the “Additional Terms”) in order to use or access them. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will prevail.

4. Ability to Accept Terms. The Site is only intended for individuals aged thirteen (13) years or older. If you are under 13 years, please do not visit or use the Site. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them. Parents and guardians are responsible for the acts of children under 18 years of age when using the Site. Applicaster recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.

5. Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.

6. Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.

7. Privacy. You agree that we can use any personally identifiable information we collect or obtain from you in connection with the Site for the purposes specified in our Privacy Policy. Please see Applicaster's Privacy policy available at https://www.applicaster.com/security (”Privacy Policy”), for further details on how information may be gathered and used by Applicaster.

8. Intellectual Property Rights.

   • Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), (ii) and User Submissions, as defined below (together with the Materials, the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Applicaster and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. As between the parties, “Applicaster”, the Applicaster logo, and other marks are Marks of Applicaster or its affiliates. We reserve all rights not expressly granted in and to the Site and the Content.

   • Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

9. User Submissions.

   • Responsibility. The Site may permit the submission, hosting, sharing and publishing of Content by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.  You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.

   • Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Applicaster to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.

   • License to User Submissions. By submitting the User Submissions to Applicaster, you hereby grant Applicaster a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Applicaster's business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.

   • Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.

   • Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that Applicaster is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Applicaster with respect to (i) and (ii) herein.

   • Spam. You agree not to, and will not, use the communications systems provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.

10. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

11. Links. The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Applicaster. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Applicaster from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

12. Applicaster permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Applicaster or present any false information about Applicaster and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party Website") which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

13. Warranty Disclaimers.

    • This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. 

    • THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. APPLICASTER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. APPLICASTER DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT APPLICASTER WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.    

    • APPLICASTER DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.

    • YOU SPECIFICALLY ACKNOWLEDGE THAT APPLICASTER SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    • YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT APPLICASTER IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE.  APPLICASTER RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

    • EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, APPLICASTER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

14. Limitation of Liability.

    • TO THE FULLEST EXTENT PERMISSIBLE BY LAW, APPLICASTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF APPLICASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

    • IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APPLICASTER FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO APPLICASTER FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. 

    • YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15. Indemnity.You agree to defend, indemnify and hold harmless Applicaster and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.

16. Term and Termination. These Terms are effective until terminated by Applicaster or you. Applicaster, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Applicaster shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 16 and Sections 7 (Privacy), 8 (Intellectual Property Rights), 9.3 (License to User Submissions), 13 (Warranty Disclaimers), 14 (Limitation of Liability), 15 (Indemnity), and 17 (Independent Contractors) to 22 (General) shall survive termination of these Terms.

17. Independent Contractors. You and Applicaster are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Applicaster. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Applicaster.

18. Assignment.These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Applicaster without restriction or notification to you. Any prohibited assignment shall be null and void.

19. Governing Law; Dispute Resolution. Any dispute or claim in connection with these Terms shall be governed by the laws of the State of Israel, without reference to its conflict of laws rules. The exclusive jurisdiction and venue for all disputes between you and Applicaster relating to these Terms shall be the courts located in Tel Aviv-Yaffo, and each party hereby irrevocably consents to the jurisdiction of such courts and waives any jurisdictional, venue, or inconvenient forum objections to such courts; provided that Applicaster may seek injunctive relief in any court of competent jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from these Terms.

20. General.These Terms shall constitute the entire agreement between you and Applicaster concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  

21. Contact Information. If you have any questions or concerns about the Terms for this Site or their implementation, you may contact Applicaster at hello@applicaster.com.

Last updated: May 2018

At Applicaster, our customer’s security is a top priority. We constantly invest in securing our customers’ data, eliminating vulnerabilities and ensuring high availability.

Overview

Applicaster employs industry standard technologies and practices to secure your data from unauthorized access, disclosure or data loss. Our security & operation teams work together to ensure our product is always available for use and always safe from misuse.

As part of the Applicaster’s focus on security we perform the following on regular basis:

• Monitoring and analyzing the infrastructure for suspicious activity and potential threats.
• Performing internal reviews.
• Updating our security model and to address new threats.
• Systematically examining our security risks, threats and vulnerabilities.
• Designing and implementing a coherent and comprehensive suite of information security controls and/or other forms of risk treatment (such as risk avoidance or risk transfer) to address the risks that are deemed unacceptable.
• Adopting an overarching management process to ensure that the information security controls continue to meet the organization's evolving information security needs.

Physical Access Control

The Applicaster platform is hosted on AWS. AWS data centers feature the highest standard of security and compliance as detailed in https://aws.amazon.com/security/ and https://aws.amazon.com/compliance/. The physical security controls are constructed in such a way as to eliminate the effect of single points of failure and retain the resilience of the computing center.

Logical Access Control

Our infrastructure leverages the “Infrastructure-as-code” pattern using Terraform. All infrastructure changes are peer reviewed, logged and audited. A nightly check will alert in case of any deviation from the infrastructure blueprint that is checked in git. Direct access to the infrastructure is only possible by a handful of our most senior engineers, and is only exercised in cases of emergency. This access is only possible using additional authentication factors such as specific IPs, VPNs and 2FA devices.

Intrusion Detection and Prevention

Applicaster uses AWS’s GuardDuty and extensive logging tools to detect patterns of suspicious behaviour. We regularly examine those findings and change our infrastructure, applications and security measures to decrease our exposure and risk.

Encryption

All communication with Applicaster’s backend systems is done over TLS. Applicaster uses the latest recommended cipher suite to maximize security while supporting the required client application platforms. We benchmark our TLS implementations using Qualys SSL Labs. Applicaster’s certificates are rotated on a regular basis with renewals logged in Certificate Transparency.

Platform Availability

Every component of the Applicaster platform is deployed with redundant capacity to accomodate events of high traffic or local system failures. We invest considerable engineering effort to ensure our systems are built without any single points of failure. All servers are disposable and are constantly being replaced by AWS’s auto-scaling groups.

Applicaster keeps hourly encrypted backups of all data. In the extreme event of production data loss we will restore all customer data from these backups.

Vulnerability Disclosure

If you would like to report a vulnerability or have any security concerns with Applicaster’s platform please contact the security team at security@applicaster.com.

Please include enough detailed information that will allow us to verify the vulnerability, such as tools used and their outputs, exposed DNS addresses and ports, CVE identifiers, etc.

Personnel Security

Applicaster realizes that the malicious activities of an insider are a risk to data confidentiality and system availability and has therefore put policies and procedures in place concerning the hiring of personnel with access to important and crucial systems. Employee permissions are periodically revised to ensure least-privileged access.

Security training

Applicaster ensures its employees are made aware of the security risks that our company is exposed to by the nature of it’s operation by means of constant discussion of security threats and the tools and behaviours to mitigate them. Applicaster’s culture of transparency & shared communication tooling encourages all employees to report on suspicious activities noticed.

Application Development Lifecycle

Applicaster is committed to the industry’s best practices for software development, as such we practice continuous integration (CI) and continuous delivery (CD) whenever possible. We also practice mandatory code review on all code bases, automated error tracking and production instrumentation. These practices provide for a better, less vulnerable, codebase with shorter time-to-fix of bugs, capacity and security issues.

Incident Management

To handle security or availability incidents Applicaster maintains a procedure for urgent operational issues. The procedure ensures fast access to the required company personnel, constant reporting back to the company’s operations team.

The procedure includes clear instructions on communicating the incidents to any involved party and handle escalations. The procedure is reviewed after every incident and due to changes in people, systems and the nature of the operating environment.

To support delivery of our Services, Applicaster, Ltd. (or one of its Affiliates listed below) may engage and use data processors with access to certain Customer Data (each, a "Subprocessor"). This page provides important information about the identity, location and role of each Subprocessor. Terms used on this page but not defined have the meaning set forth in the written agreement between Customer and Applicaster (the "Agreement").

Third Parties

Applicaster currently uses third party Subprocessors to provide infrastructure services, and to help us provide customer support and email notifications. Prior to engaging any third party Subprocessor, Applicaster performs diligence to evaluate their privacy, security and confidentiality practices, and executes an agreement implementing its applicable obligations.

Infrastructure Subprocessors

Applicaster may use the following Subprocessors to process Customer Data or provide other infrastructure that helps with delivery of our Services:

Other Subprocessors

Applicaster may use the following Subprocessors to perform other Service functions:

Applicaster Affiliates

Depending on the geographic location of a Customer, and the nature of the Services provided, Applicaster may also engage one or more of the following Affiliates as Subprocessors to deliver some or all of the Services provided to a Customer:

Updates

As our business grows and evolves, the Subprocessors we engage may also change. We will endeavor to provide the owner of Customer’s account with notice of any new Subprocessors to the extent required under the Agreement, along with posting such updates here. Please check back frequently for updates.

Last Updated: May 8, 2018

APPLICASTER PRIVACY POLICY

Last Updated: June 6, 2018

This privacy policy (“Privacy Policy”) governs how we, Applicaster Ltd./Inc./UK LTD

 (“Applicaster ” “we”, “our” or “us”) use, collect and store information pertaining to you (“User”, “you”) in a business context or as a result of your business interactions with you. For example, this Privacy Policy deals with the following use cases:

• When you sign up in an attendee list in one of our trade shows;
• When you visit one of our booths in our trade shows;
• When you exchange business cards with us;
• When we acquire Personal Data from "linkedin";
• When we acquire your Personal Data from third-party sources (such as lead-generation companies);
• When we acquire Personal Data from indirect introductions;
• When we acquire Personal Data from publicly available websites;
• When we assemble emails from the pattern a company is using (e.g. firstlastname@xxx.com) 

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any living human being.

Table of contents:

• What Information we Collect, Why we Collect it, and How it is Used;

• How we Protect and Store your Personal Data;
• How we share your Personal Data
• Additional Information Regarding Transfers of Personal Data
• Your Rights
• Use by Children
• How to Contact Us

This Privacy Policy may be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below.  If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.

1. WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

2. HOW WE PROTECT AND STORE YOUR INFORMATION

• Security. We have implemented appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed as a result of unauthorized penetration to our servers. Nevertheless, we make commercially reasonable efforts to make the collection and security of such information consistent with this Privacy Policy and all applicable laws and regulations. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.
• Retention of your Personal Data. In addition to the retention periods mentioned in Section 1 above, in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.

3. HOW WE SHARE YOUR PERSONAL INFORMATION 

In addition to the recipients described in Section 1, we may share your information as follows:

• To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order; If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third party purchaser of our business or assets. Merger, Sale or Bankruptcy. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events.
• Where you have provided your consent to us sharing the Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).

4. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL INFORMATION 

We ensure transfers within the Applicaster group will be covered by an agreement entered into by members of the Applicaster group (an intra-group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to;

Where we transfer your Personal Data outside of Applicaster, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data.

Some of these assurances are well recognized certification schemes like the EU - US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States; or

Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed; and 

5. YOUR RIGHTS

The following rights (which may be subject to certain exemptions or derogations), shall apply to individuals who are protected by the GDPR:

• You have a right to access information held about you. Your right of access is normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
• You have the right to request that we amend any Personal Data we hold that it is inaccurate or misleading.
• You have the right to request the erasure of the Personal Data that relates to you. Please note that there may be circumstances in which we are required to retain your data, for example for the establishment, exercise or defense of legal claims;
• The right to object to or to request restriction of the processing. However, there may be circumstances in which we are legally entitled to refuse your request;
• The right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
• You have the right to object to profiling;
• You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority
• The right to withdraw your consent. Please note that t there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations.
• You also have a right to request details of the basis on which your Personal Data is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.

You can exercise your rights by contacting us at privacy@applicaster.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request.  When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.  

6. USE BY CHILDREN

We do not offer our products or services for use by children. If you are under 18, you may not use the Website, or provide any information to the Website without involvement of a parent or a guardian. We do not knowingly collect information from, and/or about children.

7. CONTACT US

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at privacy@applicaster.com.