Cookie notice content.
Universal Terms of Service Agreement
BPMICLOUD HOSTING, HOLODEC OFFICE SYSTEMS LLC
UNIVERSAL TERMS OF SERVICE AGREEMENT
Last Revised: December 18, 2019
PLEASE READ CAREFULLY.
THIS CONTAINS TERMS AND CONDITIONS REGARDING CUSTOMER LEGAL RIGHTS AND REMEDIES FOR USING THIS WEBSITE AND/OR SIGNING UP FOR ANY SERVICES.
These Universal Terms of Service Agreement (“Agreement”) is an agreement between BPMICLOUD HOSTING, HOLODEC OFFICE SYSTEMS LLC. (“Company”) and the party (“Customer”) set forth in the related order form, which is incorporated herein by this reference (together with any subsequent order forms submitted by Customer, the “Order Form”), and applies to the purchase of all web based products and services ordered by Company to Customer on the Order Form (collectively, the “Services”).
BY USING THIS WEBSITE AND/OR SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND COMPANY, CONSISTING OF THE ORDER FORM, THE APPLICABLE SERVICE DESCRIPTION AND THIS AGREEMENT AND CUSTOMER ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE INTO THIS AGREEMENT, INCLUDING COMPANY’S OTHER POLICIES POSTED ON COMPANY’S WEBSITE. WHEN CUSTOMER SIGN UP FOR AND/OR CUSTOMER’S USE OF THE SERVICES SUCH CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
If Customer has any questions about this Agreement, please contact Company by email or regular mail at the following address:
BPMICLOUD HOSTING, Holodec Office Systems LLC.
Attn: Legal Department
P.O. Box 247, Shawsville, VA 24162
What this policy covers
How does HOS collect information from you?
HOS collects information from you when you send it to HOS directly by filling out forms on HOS’ Websites (including any application you may make for Services or the Software), corresponding with HOS by e-mail, writing to HOS by post, or speaking to HOS by telephone. HOS also collects information from you when you browse the Website and use the Software, as set out in detail below. Some of the methods HOS use to collect data are automated and will take effect automatically as you navigate the Websites and/or use the Software.
What information does HOS collect?
Personal information means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, 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 (“Personal Information”).
HOS may collect the following Personal Information from you: name, address, telephone number, postal address, e-mail address, IP address, information about the type of browser you use, your operating system, the screen resolution of your browser, your ISP, which pages you view on the Websites and the time and duration of your visits to the Websites, credit card number (in the case of direct customers) and, if applicable, company name, postal address, telephone number, e-mail address, credit card number or tax ID number as well as similar information concerning technical contacts, marketing contacts, and executive contacts within your company or organisation.
If you communicate with HOS, HOS may collect information relating to that communication whether it takes the form of e-mail, letter, forum posting, testimonials or any other form of communication between you and HOS or submitted by you to the Website (collectively, “User Communications”).
If you use one of HOS’ software products such as HOS’ proprietary Web Hosting, Billing and Automation Solution, HOS may collect certain information concerning such software and concerning the server upon which the software operates. This information includes without limitation: (a) the licensed or unlicensed status of the software; (b) the source from which the license for the software was obtained (i.e., HOS or a HOS affiliate); or (c) information about the server upon which the software is installed including (i) the public IP address, (ii) the operating system and (iii) the use of any virtualization technologies on such server ((a) through (c) collectively, “Server Information”)). Additionally, “Server Information” may also include information collected by HOS from time to time concerning which features of the software are most often used in order to improve and make adjustments to the software; and information collected from you by HOS in the event that you request technical support services including without limitation, IP addresses, usernames and passwords necessary to login to SSH, the root directory of the server upon which you installed the HOS software and any affected accounts including email accounts, MySQL accounts and other accounts.
HOS also collect data in a form that does not, on its own, permit direct association with any specific individual. HOS may collect, use, transfer, and disclose non-personal information for any purpose.
What information does HOS collect if you’re under the age of 13?
HOS does not knowingly collect Personal Information about children under the age of 13. If HOS becomes aware that it has inadvertently collected Personal Information about children under the age of 13, it will take steps to delete the information as soon as possible, except where HOS is required by applicable law to keep it.
Where HOS knows a child is above the age of 13, but considered a minor under applicable law, HOS will obtain parental/guardian consent prior to using that child’s Personal Information.
How does HOS use and store the information it collects?
As a general matter, HOS may use the Personal Information you disclose to HOS to improve and provide the Website, the Services and HOS’ other products and services, and for the specific purpose that you gave HOS your Personal Information. More specific details on how HOS uses your information follows below.
HOS may use Personal Information to create and authenticate your account, to process transactions you request such as software license purchases in order to perform any contract you have entered into with HOS, to provide you with customer and technical support and to communicate with you about your account and HOS’ products and services.
The Personal Information you provide to HOS allows HOS to provide you with the newsletters and mailing lists that you have signed up for with HOS. If you do not want to be on HOS’ mailing list, you can opt out at any time by changing your settings in your ‘My Details’ page within the client area.
HOS may also use Personal Information to offer, market or advertise to you HOS products and services. While such HOS products and services may reference, incorporate or include third-party products and services, HOS will not use your Personal Information to independently offer, market or advertise third-party products and services unless HOS first obtain your consent to do so.
From time to time, HOS may use your Personal Information to send important notices, such as important product updates and communications about purchases as well as changes to HOS’ terms, conditions, and policies. Because this information is important for your interaction with HOS you may not opt out of receiving these communications.
Where you consent to HOS doing so, HOS may use your Personal Information to send you direct marketing communications. Should you ever choose to ‘opt out’ of receiving such communications HOS may retain your Personal Information on file to ensure that HOS do not continue to target you with communications of the type that you have asked HOS to cease sending to you.
In accordance with established policies and procedures, HOS will periodically destroy or erase any Personal Information that is no longer needed.
HOS may use User Communications in the same way as HOS uses Personal Information. If you communicate with HOS for a particular purpose, HOS may use your User Communications for that purpose. For example, if you contact HOS for technical support, HOS may use your communications to provide technical support to you.
HOS may use Server Information to provide you with technical support services and to maintain, evaluate, improve and provide HOS products and services. HOS may also use such information to investigate unlicensed (and therefore unauthorised) uses of HOS’ software.
Where is your Personal Information stored?
How does HOS disclose the Personal Information it collects?
HOS cannot be responsible for protecting your Personal Information if you share such information in publicly available sections of the Website such as the user forums or testimonials section. You should use your own judgment in disclosing this information on the Website.
HOS may share your Personal Information with third parties as permitted or required by applicable law, by a court order or by another judicial or governmental request. HOS may also disclose your Personal Information if HOS determine that such disclosure is necessary to protect HOS’s rights and remedies or is necessary for national security, law enforcement, or other issues of public importance. Such disclosures could take place in the context of an investigation or to prevent or take action against illegal activity, suspected fraud, situations involving potential threats to the physical safety of any person, violations of HOS’s Terms of Service, applicable EULAs or other HOS agreements, or as otherwise required by applicable law. Where this is the case HOS will endeavour to give you notice of such disclosures, to the extent that HOS are lawfully permitted to do so.
HOS may disclose your Personal Information to affiliated third parties that assist HOS in providing maintaining, evaluating, improving and providing the Website, the Services and any other HOS products and services. HOS may disclose your Personal Information to affiliated third parties for the purposes of offering, marketing or advertising HOS products and services to you (such HOS products and services may reference, incorporate or include third-party products and services). In such an event, HOS will take reasonable measures to prevent such affiliated third parties from using your Personal Information for other purposes.
Cookies do this by storing information about your preferences on your device, including the device model, manufacturer, screen resolution, device capabilities, service provider, country and city location data. HOS uses the following types of cookies:
Strictly necessary: These cookies enable HOS’ Website to function correctly and deliver the services and products you have requested.
Your cookie choices
For more information about what cookies are and your rights to control cookies, please visit the third party educational resource www.allaboutcookies.org.
HOS does not use web beacons.
How does HOS protect Personal Information and other information about you?
You are responsible for maintaining your account’s security (as more specifically explained in the Terms of Service).
Information and access to your Personal Information
Based on what you have told HOS, HOS try to ensure that your contact information and preferences are accurate, complete, and up to date. You have the right to request access to and rectification or erasure of Personal Information or restriction of processing concerning your Personal Information or to object to processing as well as the right to data portability. HOS will comply with erasure requests as long as HOS is not required to retain the Personal Information by law and does not need to retain it for its legitimate business purposes. HOS may decline to process requests that are frivolous/vexatious, jeopardise the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by emailing email@example.com.
As a Data Subject you have a number of rights in relation to your Personal Information. These include your rights:
To ask HOS to confirm what (if any) Personal Information HOS hold relating to you and how that data is processed and used by HOS (often referred to as a ‘Subject Access Request’);
To have HOS rectify Personal Information which HOS hold about you that is inaccurate;
To have HOS erase Personal Information which relates to you if it is no longer necessary for HOS to continue to process it, or if HOS have no lawful basis to store, process or retain it (though HOS do have rights to refuse these requests in certain situations);
To object to HOS processing your Personal Information;
To be informed about the existence of any automated decision making and profiling of your Personal Information, and where appropriate, be provided with meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing that affects you;
To have HOS provide you with a copy of your Personal Information for transfer to an alternative provider of similar services.
Should you ever wish to exercise one or more of these rights you should contact HOS at firstname.lastname@example.org.
Third party websites
HOS’ Website may, from time to time, contain links to and from the websites of HOS’ partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that HOS do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Information to these websites.