If you are a visitor of a e-MARKETER Enabled Site, this section applies to you.
e-MARKETER assists its users/customers in providing their end users with a better user experience. Most importantly, through e-MARKETER’s services, the functionality of the e-MARKETER Enabled Site can be improved, making them more user-friendly, more valuable, and simpler to use for the end users.
You may opt-out from having e-MARKETER collect your information when visiting a e-MARKETER Enabled Site at any time by visiting the Opt-out page on the e-MARKETER Enabled Site, and clicking ‘Disable Tracking’, or enabling Do Not Track (DNT) in your browser.
If you are a e-MARKETER client, this section applies to you.
RIGHTS OF USAGE AND PRIVACY
The Documentation, the Service and all components thereof, including, without limitation, the e-MARKETER tracking code, the structure and organisation of the Reports, e-MARKETER’s Confidential Information, e-MARKETER APIs, any other e-MARKETER information and materials, and all worldwide intellectual property rights in the foregoing, are the exclusive property of e-MARKETER, its licensors and/or its suppliers. e-MARKETER, its licensors and/or its suppliers reserve all rights not expressly granted to you in this Agreement. As between e-MARKETER and you, all data collected and analysed by the Service for your Account (“Client Data”) and all worldwide intellectual property rights in Client Data, are your exclusive property.
e-MARKETER does not incorporate into the Service any third party product, software or other materials for which the intellectual property rights are not owned solely by e-MARKETER or for which e-MARKETER has not properly obtained a license to theintellectual property rights from such third party.
2. CLIENT DATA
e-MARKETER shall maintain industry-standard security controls over resources it maintains to provide the Service, in order to protect the confidentiality, privacy, integrity and availability of Client Data. During the Term of this Agreement, e-MARKETER shall keep and store the Reports included in Client Data, as set forth in the Data Retention Policy, posted at www.personyze.com. Notwithstanding any provision to the contrary stated herein, (i) e-MARKETER does not have any obligations to retain, store, deliver or provide access to any Client Data other than as expressly stated herein, (ii) e-MARKETER will not deliver or provide you with access to the raw collected data included in Client Data that is used to generate Reports, and (iii) e-MARKETER’s obligations to keep and store Client Data shall terminate with the expiration or earlier termination of the applicable Service. You may transmit, copy, extract or otherwise remove Client Data from e-MARKETER Service servers as provided as part of the Service or using a third party or your application to interface with the Service. e-MARKETER is not responsible in any way for any Client Data once such Client Data is transmitted, copied, extracted and/or removed from e-MARKETER Service servers by you or a third party authorised by you. You, or a third party authorised by you, may also upload, copy or transmit data collected from other sources other than Client Websites to e-MARKETER Service servers. Such data, once uploaded in to e-MARKETER’s Service servers, will be deemed Client Data, and as such, it shell be governed by this Agreement. Also, it will be calculated in your total usage of the Service. Your use of any e-MARKETER application program interface (“API”) for purposes of transmitting, copying, extracting, removing or uploading data to or from e-MARKETER Service servers, or to develop one or more applications based on such e-MARKETER API, is subject to the usage terms provided with the API documentation. If you install or enable one or more third party application(s) for use with your Account on the Service, you acknowledge that e-MARKETER may allow providers of those third party applications to access Client Data as required for the interoperations of such third party application with the Service. e-MARKETER is not responsible for any disclosure, modification or deletion of Client Data resulting from any such access by third party application providers.
Each party may have access to information that is confidential and proprietary to the other party (“Confidential Information”). Confidential Information shall include any information that is clearly identified in writing at the time of disclosure as confidential as well as any information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential. e-MARKETER’s Confidential Information shall include, but not be limited to, the Service, formulas, methods, know-how, processes, designs, new products, developmental work, marketing requirements, marketing plans, licensee names, prospective licensee names, the terms and pricing under this Agreement, and the results of any comparative or other benchmarking tests with respect to the Service, in each case regardless of whether such information is identified as confidential. Confidential Information includes all information received from third parties that the disclosing party is obligated to treat as confidential and oral information that is identified by the disclosing party as confidential. This obligation of confidentiality does not apply to (i) any information that is or becomes a part of the public domain through no act or no omission by the receiving party, (ii) was in the receiving party’s lawful possession prior to the disclosure without any restriction on disclosure, or (iii) is independently developed by the receiving party without use of or reference to such Confidential Information. If the receiving party is required to disclose such Confidential Information to any court or government authority, then the receiving party hereby agrees to provide the disclosing party with sufficient written notice prior to the receiving party’s disclosure. SUCH OBLIGATIONS OF CONFIDENTIALITY SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. Each party agrees not to (a) make Confidential Information available in any form to any third party except to such party’s employees, contractors, agents or service providers who are required to have access to that information in order to allow such party to exercise its rights or perform obligations under this Agreement, or (b) to use the Confidential Information for any purpose other than in the performance of this Agreement. Each party agrees not to disclose the results of any performance tests of the e-MARKETER Service to any third party. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by such party’s employees or agents in breach of this Agreement. Upon request of the disclosing party, the receiving party will destroy the disclosing party’s Confidential Information, other than the archival back-up copy.
On May 25, 2018, the General Data Protection Regulation (GDPR) will come into force, impacting how businesses collect and process data from individual EU data subjects.If you have or plan to have website/app visitors who are data subjects in the EU, or you process any form of data on EU data subjects, Please visit this link
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