W3 Total Cache Policies

W3 Total Cache Terms of Use

THIS TERMS OF USE AGREEMENT (these “Terms of Use”) is an agreement between W3 EDGE, LLC. (“Company, “we” or “our”) and you, and states the terms and conditions that govern your purchase and use of our products and services, including the Company’s WordPress plugins (available for download through the WordPress plugin page) (the “Plugins”), other software applications (including software hosted by Company) and technical support and consulting services available as premium paid services at https://w3edge.wufoo.com/forms/premium-services/ (collectively, the “Premium Services”), and the information, products and services available on the Company’s website (located at www.w3-edge.com) (the “Website”) (each a “Service” and collectively, the “Services”).  BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING OR USING COMPANY’S PLUGINS OR PREMIUM SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE AND/OR DOWNLOADED THE PLUGINS OR PREMIUM SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE ANY OF THE SERVICES.

IF YOU PURCHASE A SUBSCRIPTION PLAN FOR A PREMIUM SERVICE FOR A TERM (THE “INITIAL SUBSCRIPTION PERIOD”), THEN THE SUBSCRIPTION PLAN WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION PLAN (EACH, A “RENEWAL SUBSCRIPTION PERIOD”) AT COMPANY’S THEN-CURRENT FEE FOR SUCH PREMIUM SERVICE OFFERING UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 12.2 BELOW.

PLEASE BE AWARE THAT SECTION 14 OF THESE TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS OF USE. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF ANY OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS OF USE.

PLEASE NOTE THAT THESE TERMS OF USE ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, Company will make a new copy of these Terms of Use available at the Website.  We will also update the “Last Updated” date at the top of these Terms of Use.  If we make any material changes, and you have registered with us to create an Account (as defined in Section 3.1 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to these Terms of Use.  Any changes to these Terms of Use will be effective immediately for new users of the Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing users (each new user and existing user, a “User”), provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 3.1 below).  Company may require you to provide consent to the updated Terms of Use Agreement in a specified manner before further use of the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services.  Otherwise, your continued use of the Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.

1. Use of the Services.  The Plugins and any software provided by Company as part of the Premium Services, including any software deployed by Company on a SaaS/hosted model  (collectively “Software”), and the information and content available on the Website and through any of the other Services (collectively, the “Company Properties”) are protected by copyright and other intellectual property laws throughout the world.  Subject to your compliance with these Terms of Use, Company grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Company Properties for the sole purpose of using the Plugins and, if applicable, the Premium Services, in the manner permitted by these Terms of Use for your personal or internal business purposes. Unless otherwise specified by Company in a separate license, your right to use any Company Properties is subject to these Terms of Use.  Some Software may contain and is subject to “open source” or “free software” licenses (“Open Source Software”).  Such Open Source Software may be owned by third parties.  The Open Source Software is not subject to the terms and conditions of these Terms of Use.  Instead, each item of Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software.  Nothing in these Terms of Use limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, we make such Open Source Software, and, if applicable, our modifications to that Open Source Software, available by written request at the notice address specified in these Terms of Use.

1.1 Company Software.  You shall not use, download or install any Software unless you agree to these Terms of Use.  At no time will Company provide you with any tangible copy of our Software.  Company shall deliver access to the Software via electronic transfer or download and will not use or deliver any tangible media in connection with the (a) delivery, installation, updating or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation.  Any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis.  If the Software is a pre-release version, then you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.

1.2 Updates.  You understand that Company Properties are evolving.  As a result, Company may require you to accept updates to Company Properties that you have installed on your computer or server.  You acknowledge and agree that Company may update Company Properties with or without notifying you.  You may need to update third-party software from time to time in order to use Company Properties.

1.3 Certain Restrictions.  The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Company Properties or any portion of Company Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Company Properties (including images, text, page layout or form) of Company; (c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website; (f) you shall not access Company Properties in order to build a similar or competitive product, service, application or website; (g) except as expressly stated herein, no part of Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Company Properties. Any future release, update or other addition to Company Properties shall be subject to these Terms of Use.  Company, its suppliers and service providers reserve all rights not granted in these Terms of Use.  Any unauthorized use of Company Properties terminates the licenses granted by Company pursuant to these Terms of Use.

1.4 Third-Party Materials.  As a part of Company Properties, you may have access to materials that are hosted by another party.  You agree that it is impossible for Company to monitor such materials and that you access these materials at your own risk.

1.5 Limitations of Services Due to Third Parties.  The Services rely on or interoperate with Users’ websites (including site code), data and databases in order to operate as designed.   From time to time Company may, but is not obligated to, provide a User with the technical ability to interface the Services to one or more third party products and services (e.g., data analytics, hosting environments and tools, content management systems, etc.) being licensed and used by User.  All User websites, site code for User websites, User data and databases, and third party products and services used by User in connection with the Services are referred to herein as “User Properties.”  You represent and warrant that you have all of the necessary rights and licenses required to use the User Properties in connection with the Services and, if applicable, provide any of the User Properties to Company in connection with your use of the Services, and such use or provision will not violate any intellectual property rights of third parties, including any contractual rights and privacy rights. The User Properties are beyond Company’s control, but their operation may impact or be impacted by the use and reliability of the Services.  You understand and agree that: (i) the use and availability of the Services is dependent on User Properties; (ii) if the User Properties to not operate in a reliable manner 100% of the time, they may impact the performance and operation of the Services; and (iii) Company is not responsible for damages or losses due to the operation of User Properties.  You agree to provide all notices to, and obtain any consents from, any person as required by any applicable data privacy law with respect to the processing of any personally identifiable data of such person in connection with the Services.  You also understand and agree that you are solely responsible for all fees charged by the third party providers of any User Properties and that you are solely responsible for your compliance with all applicable agreements and terms of use/service with, and other policies of, such third party providers.  You agree that Company may exchange information and data regarding your use of the Services with such third party providers in order to enable the interface between the Services and such User Properties that you have authorized.

2. Premium Services and Subscription-Based Plans.  We may provide paid subscription-based plans for users who have purchased certain Premium Services (each, a “Premium Subscription Plan”).  These Terms of Use set forth the terms pursuant to which individuals and enterprises may access and use such Premium Services (each, a “Premium Subscription Offering”).  Subject to the terms of these Terms of Use, Company will provide the Premium Services, including any Premium Subscription Offerings, that you order in accordance with the terms of these Terms of Use.

3. Registration.

3.1 Registering Your Account.  In order to access certain features of Company Properties or to purchase a Premium Service you will be required to become a Registered User.  For purposes of the Agreement, a “Registered User” is a User who has registered an account on the Website (“Account”).

3.2 Registration Data.  In registering an Account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.   You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors.  You may not share your Account or password with anyone, and you agree to (1) notify Company immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use Company Properties if you have been previously removed by Company, or if you have been previously banned from any of Company Properties.

3.3 Access by Authorized Users.  If you have purchased any Premium Services, you may do so for a single user or for a specified number of users (a “Multiple User Plan”).  If you have purchased a Multiple User Plan, you have the option to provide us with the email addresses of individuals for whom you have purchased a license to use the applicable Premium Service(s) (each, an “Authorized User”), and Company will send an invitation to each Authorized User with instructions for accessing the applicable Premium Service(s), which the Authorized User may access as instructed by Company.  If you are invited by a User to become an Authorized User, you agree that your access to the Company Properties and the applicable Premium Services will be governed by the terms of these Terms of Use, except that you agree that your use of the Premium Services and any associated Software will terminate upon termination or expiration of the Multiple User Plan for which you were designated as an Authorized User.

3.4 Necessary Equipment and Software.  You must provide all equipment, hardware and software necessary for you to connect to and use the Company Properties.  It is your responsibility to ensure that you have all required Service, including Software, requirements that may be specified by Company, and that the required system elements are compatible and properly configured with the Software.  You understand and agree that the Services, including Software, may not work as described when such requirements and compatibility have not been met.

4. Ownership.

4.1 Company Properties.  You agree that Company and its suppliers own all rights, title and interest in Company Properties (including but not limited to, any software code, algorithms, trade secrets, inventions, themes, objects, artwork, sounds, methods of operation, moral rights, documentation, and server software).  You will not remove, alter or obscure any copyright, patent, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Company Properties.

4.2 Trademarks.  “W3 EDGE” and other related graphics, logos, trademarks, service marks and trade names used on or in connection with Company Properties or in connection with the Services are the trademarks of Company and may not be used without permission in connection with any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in Company Properties are the property of their respective owners.

4.3 Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through its User surveys and suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Company Properties.

4.4 Aggregated Data.  You agree that Company has the right to collect and analyze aggregated data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (“Aggregated Data”), and Company shall be free (during and after the Term) to (i) use Aggregated Data to improve and enhance the Services and for other development, diagnostic, and corrective purposes in connection with the Services and any other Company offerings, and (ii) disclose Aggregated Data solely in aggregate or other de-identified form in connection with its business.

5. User Conduct.  As a condition of your use of the Company Properties, you agree not to use Company Properties for any purpose that is prohibited by these Terms of Use or by applicable law. You shall not (and shall not permit any third party to) either (a) take any action that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Company’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Company; (vi) interferes with or attempts to interfere with the proper functioning of Company Properties or uses Company Properties in any way not expressly permitted by these Terms of Use; or (vii) attempts to engage in or engages in, any potentially harmful acts that are directed against Company Properties, including but not limited to violating or attempting to violate any security features of Company Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Company Properties, introducing viruses, worms, or similar harmful code into Company Properties, or interfering or attempting to interfere with use of Company Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Company Properties.

6. Investigations.  Although Company does not generally monitor user activity occurring in connection with Company Properties, if Company becomes aware of any possible violations by you of any provision of these Terms of Use, Company reserves the right to investigate such violations, and Company may, at its sole discretion, immediately terminate your license to use Company Properties, without prior notice.

7. Interactions with Other Users.  You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Company reserves the right, but has no obligation, to intercede in such disputes.  You agree that Company will not be responsible for any liability incurred as the result of such interactions.

8. Third-Party Services.

8.1 Third-Party Websites, Applications & Ads. Company Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”).  When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left Company Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites and Third-Party Applications are not under the control of Company.  Company is not responsible for any Third-Party Websites or Third-Party Applications.  Company provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications, or their products or services.  You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Website, our Agreement and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

9. Fees and Purchase Terms.

9.1 General Purpose of Terms: Sale of Service, not Software. The Premium Services require payment of fees. All fees paid by you for Premium Services shall be considered solely to enable your access to the applicable Premium Services.

9.2 Premium Service Fees. You will be responsible for payment of the applicable fee for any Premium Services at the time you select and order such Premium Services. Except as set forth in these Terms of Use, all fees for the Premium Services are non-refundable. No contract will exist between you and Company for a Premium Service until Company accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. You must provide Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”), or purchase order information as a condition to ordering a Premium Service. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities. By providing Company with your credit card number or PayPal account and associated payment information, you agree that Company is authorized to immediately charge your Payment Provider account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. Once you have submitted an order for a Premium Service, you agree not to dispute or otherwise seek a chargeback with your Payment Provider. If you have a question about a charge, you agree to contact us at PO Box 7775 #22185, San Francisco, CA 94120-7775, 617-905-6040, and/or support@w3-edge.com. If you deliberately or inadvertently issue a chargeback to your Payment Provider with respect to a Premium Service order, you understand and agree that Company may suspend your access to and license to use any and all Services and associated Software immediately and without prior notice or liability. In addition, you agree to pay Company a $50 processing and collection fee to cover our costs for processing each chargeback. Failure to pay such fee and amount may result in the information pertaining to your outstanding debt being turned over to a collection agency. You agree to immediately notify Company of any change in your billing address or the credit card or PayPal account used for payment hereunder. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on Company Properties or by e-mail delivery to you.

9.3 Taxes. Company’s fees are net of any applicable Sales Tax. If the payments for any Premium Services under these Terms of Use are subject to Sales Tax in any jurisdiction, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Company for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

9.4 Withholding Taxes. You agree to make all payments of fees to Company free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Company will be your sole responsibility, and you will provide Company with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

9.5 Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Premium Service must be used within the specified time of the trial. At the end of the trial period, your rights to use and access that Premium Service will expire and any further use of the Premium Service is prohibited unless you pay the applicable fee for the Premium Service.

9.6 Third Party Provider. The Company uses PayPal, Freshbooks Payments, Recurly, and Authorize.net as third party service providers for payment services (e.g., card acceptance, merchant settlement, and related services). You agree to review and be bound by these service providers’ privacy policies and hereby consent and authorize the Company and PayPal, Freshbooks Payments, Recurly, Authorize.net, as applicable, to share any information and payment instructions you provide with these third party service providers to the minimum extent required to complete your transactions.

10. Disclaimer of Warranties and Conditions. (a) As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (“COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE COMPANY PROPERTIES. COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF COMPANY PROPERTIES WILL BE ACCURATE OR RELIABLE.

11. Limitation of Liability.

11.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE COMPANY PROPERTIES ON ANY THEORY OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

11.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL COMPANY PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO COMPANY BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

11.3 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

12. Term and Termination.

12.1 Term. The term of these Terms of Use commences on the date you accept it (as described in the preamble above) and remains in full force and effect while you use Company Properties, unless terminated earlier in accordance with these Terms of Use. Either party may terminate these Terms of Use at any time by notifying the other party. Company may also terminate or suspend any and all Services and access to any associated Software, including any Premium Subscription Plan for a Premium Subscription Offering, immediately at its sole discretion and without prior notice or liability, if you breach any of the terms or conditions of these Terms of Use. Upon termination of any Premium Subscription Plan, your right to use the Premium Subscription Offerings included within that Premium Subscription Plan, and any associated Software, will immediately cease.

12.2 Automatic Renewal of Premium Subscription Plans. Your subscription for any Premium Subscription Offering will continue indefinitely until terminated in accordance with these Terms of Use. After your Initial Subscription Period for a Premium Subscription Offering, and again after any Renewal Subscription Period (the Initial Subscription Period and any Renewal Subscription Periods are referred to collectively as a “Subscription Period” or the “Subscription Periods”), your subscription for the Premium Subscription Offering will automatically renew and commence on the first day following the end of such Subscription Period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Company’s then-current price for a Premium Subscription Plan for such Premium Subscription Offering. You agree that your Account will be subject to this automatic renewal feature unless you cancel your Premium Subscription Plan for the Premium Subscription Offering at least thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from Company that your Premium Subscription Plan for a Premium Subscription Offering will be automatically renewed, you will have thirty days from the date of the Company notice), by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page. If you do not wish your Premium Subscription Plan for a Premium Subscription Offering to renew automatically, or if you want to change or terminate your Premium Subscription Plan for a Premium Subscription Offering, please contact Company at support@w3-edge.com, (617) 375-6134, or log in and go to the “Change/Cancel Membership” page on your “Account Settings” page. If you cancel your Premium Subscription Plan for a Premium Subscription Offering, you may use the Premium Subscription Offering until the end of your then-current Subscription Period; your subscription for the Premium Subscription Offering will not be renewed after your then-current term Subscription Period. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current Subscription Period. By subscribing, you authorize Company to charge your Payment Provider now, and again at the beginning of any subsequent Subscription Period. Upon renewal of your Premium Subscription Plan for a Premium Subscription Offering, if Company does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Company may either terminate or suspend your subscription to the Premium Subscription Offering and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription Period will begin as of the day payment was received).

12.3 Obligations of Users after Termination. Sections 1.3, 4, 9, 10, 11, 12, 13, 14 and 15 shall survive termination of these Terms of Use. Termination of any Premium Subscription Plan for a Premium Subscription Offering shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Company, including without limitation any indemnification obligations contained herein.

12.4 No Subsequent Registration. If your registration(s) with or ability to access Company Properties is discontinued by Company due to your violation of any portion of these Terms of Use, then you agree that you shall not attempt to re-register with or access Company Properties through use of a different user name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to Premium Subscription Offerings to which your access has been terminated. In the event that you violate the immediately preceding sentence, Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

13. International Users. Company Properties can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that Company intends to announce such Services in your country. Company Properties are controlled and offered by Company from its facilities in the United States of America. Company makes no representations that Company Properties are appropriate or available for use in other locations. Those who access or use Company Properties from other countries do so at their own volition and are responsible for compliance with local law.

14. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us.

14.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Company Properties, or to any aspect of your relationship with Company, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms of Use or any prior version of these Terms of Use.

IF YOU AGREE TO ARBITRATION WITH COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THESE TERMS OF USE, INCLUDING THIS ARBITRATION AGREEMENT.

14.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the Company to the following address: PO Box 7775 #22185, San Francisco, CA 94120-7775, support@w3-edge.com. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Company will pay them for you. In addition, Company will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Company will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

14.3 Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

14.4 Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

14.5 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 15.7.

14.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: PO Box 7775 #22185, San Francisco, CA 94120-7775, support@w3-edge.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

14.7 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

14.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

14.9 Modification. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Company.

15. General Provisions.

15.1 Electronic Communications. The communications between you and Company use electronic means, whether you visit Company Properties or send Company e-mails, or whether Company posts notices on Company Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

15.2 Release. You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Company Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Company Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for a Company Party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Company Properties.

15.3 Assignment. These Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

15.4 Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

15.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Company Properties, please contact us at: PO Box 7775 #22185, San Francisco, CA 94120-7775, 617-905-6040, and/or support@w3-edge.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

15.6 Exclusive Venue. To the extent the parties are permitted under these Terms of Use to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to these Terms of Use will be litigated exclusively in the state or federal courts located in Boston, Massachusetts.

15.7 Governing Law. THESE TERMS OF USE AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS OF USE.

15.8 Notice. Where Company requires that you provide an e-mail address, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms of Use, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company at the following address: PO Box 7775 #22185, San Francisco, CA 94120-7775 and/or support@w3-edge.com. Such notice shall be deemed given when received by email or by Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

15.9 Waiver. Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

15.10 Severability. If any portion of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties and the remaining portions shall remain in full force and effect.

15.11 Export Control. You may not use, export, import, or transfer Company Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Company Properties, and any other applicable laws. In particular, but without limitation, Company Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Company Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Company Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Company products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

15.12 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

15.13 Entire Agreement. These Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Effective Date: 04/10/2018

Privacy Policy

INTRODUCTION

W3 EDGE, LLC and its subsidiaries and affiliates (collectively, “W3 EDGE”, “us”, “we” or “our”) created this privacy policy (“Privacy Policy”) to advise you about W3 EDGE’s information practices, such as the types of information we collect and how we may use that information, and to inform you about your privacy rights and how the law protects you. We urge you to read this Privacy Policy carefully. Please also review our Terms of Use, which govern your use of the Sites (as defined below).

This Privacy Policy is provided in a layered format so you can click through to the specific areas set out below.

Individuals in the European Union (“EU”) should be sure to read the important information provided above, in addition to the other provisions in this Privacy Policy.

I. IMPORTANT INFORMATION AND WHO WE ARE

II. THE INFORMATION WE COLLECT ABOUT YOU III. HOW IS YOUR PERSONAL INFORMATION COLLECTED IV. THIRD PARTY INTERACTIONS

V. THIRD PARTY ANALYTICS PROVIDERS & AD SERVERS; ONLINE TRACKING

VI. HOW WE USE YOUR PERSONAL INFORMATION VII. DISCLOSURES OF YOUR PERSONAL INFORMATION

VIII. YOUR CHOICES

IX. DATA SECURITY X. USERS OUTSIDE OF THE UNITED STATES AND INTERNATIONAL TRANSFERS XI. CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS XII. QUESTIONS XIII. ADDITIONAL INFORMATION FOR RESIDENTS OF THE EUROPEAN UNION I. IMPORTANT INFORMATION AND WHO WE ARE

A. APPLICATION OF THIS PRIVACY POLICY

This Privacy Policy applies to www.w3-edge.com and all other websites, features, mobile applications, or online services that are owned or controlled by W3 EDGE and that post a link to this Privacy Policy (collectively, the “Sites”), whether accessed via computer, mobile device, or otherwise. Note, however, this Privacy Policy does not apply to your use of unaffiliated websites that link to our Sites. Once you enter another website (whether through an advertisement, service, or content link), be aware that we are not responsible for the privacy practices of such other websites.

B. PURPOSE OF THIS PRIVACY POLICY

This Privacy Policy aims to give you information on how W3 EDGE collects and uses your Personal Information through your use of the Sites, including any information you may provide through the Sites when you sign up to receive communications, purchase a product or service, or request further services or information from us.

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or using Personal Information about you so that you are fully aware of how and why we are using your information. This Privacy Policy supplements the other notices and is not intended to override them.

C. CHILDREN

The Sites are not intended for children and we do not knowingly collect information relating to children. If W3 EDGE discovers that it has inadvertently collected Personal Information from anyone younger than the age of 16, it will delete that information.

D. CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

This version was last updated on 04/10/2018.

We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, simply by posting such change, update or modification on the Sites. Any such change, update or modification will be effective immediately upon posting on the Sites. However, unless you consent, W3 EDGE will not use your Personal Information in a manner materially different than what was stated in our posted Privacy Policy at the time your Personal Information was collected. Please check this Privacy Policy regularly to ensure you are aware of any changes in our practices. It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your relationship with us. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. If you contact us with changes, we will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable. Note, however, that information may persist internally for our administrative purposes and that residual data may remain on backup media or for other reasons.

E. THIRD PARTY CONTENT, LINKS TO OTHER WEBSITES, AND W3 EDGE CONTENT FOUND OUTSIDE THE SITE

The Sites may include links to third-party websites, plug-ins and applications and certain content on the Sites may be hosted and served by third parties that W3 EDGE does not control. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave the Sites, we encourage you to read the privacy policy of every website you visit.

In addition, W3 EDGE content may be included on web pages and websites that are not associated with W3 EDGE and over which we have no control. These third parties may collect data through the use of their own cookies, web beacons or other technology, independently collect information or solicit Personal Information, and may have the ability to track your use of their websites and services. W3 EDGE is not responsible for the privacy practices or the content of any third party.

II. THE INFORMATION WE COLLECT ABOUT YOU

Personal Information or personal data means any information about an individual from which that person can be identified. It does not include information where the identity has been removed (“Anonymous Data”).

We and our third-party service providers may collect, use, store and transfer different kinds of Personal Information about you that we have grouped together follows:

  • Identity Information includes name, username or similar identifier, title, date of birth, and gender.
  • Demographic Information includes zip code, age and/or income.
  • Contact Information includes billing address, delivery address, email address and telephone numbers.
  • Financial Information includes bank account and payment card details.
  • Transaction Information includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Information includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology or other unique identifier (a set of numbers or characters that is assigned to your computer, mobile phone, or other device when you are on the Internet) (“Device Identifier”) for any computer, mobile phone, tablet or other device (any of which are referred to herein as a “Device”) used to access the Sites.
  • Profile Information includes your username and password, purchases or orders made by you, your interests, preferences, and feedback.
  • Usage Data includes information about how you use our website, products and services, including all of the areas within our Site that you visit or use, and the time of day you visited the Site, among other information.
  • Marketing and Communications Information includes your preferences in receiving marketing from us and our third parties and your communication preferences.
  • Location Information includes information about your location using a variety of technologies, such as GPS, IP address, and connected or nearby Wi-Fi networks.
We also collect, use and share Aggregated Information such as statistical or demographic information for any purpose. Aggregated Information may be derived from your Personal Information but is not considered Personal Information in law as this information does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature. However, if we combine or connect Aggregated Information with your Personal Information so that it can directly or indirectly identify you, we treat the combined information as Personal Information that will be used in accordance with this Privacy Policy.

We do not collect any Special Categories of Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

III. HOW IS YOUR PERSONAL INFORMATION COLLECTED?

We use different methods to collect information from and about you including through:

  • Direct interactions. You may give us your Identity, Demographic, Contact, Financial, Profile, or Marketing and Communications Information by filling in forms or by corresponding with us by mail, phone, email, or otherwise. This includes Personal Information you provide when you:
    • purchase our products or services;
    • create an account on our Sites;
    • subscribe to our service or publications;
    • request marketing to be sent to you; or
    • correspond with us or give us feedback.
  • Automated technologies or interactions. As you interact with our Sites or applications, we may automatically collect Technical, Usage, and Location Information about your equipment, Device, browsing actions and patterns. We collect this Personal Information by using cookies, web beacons, embedded scripts and other similar technologies. We may also receive Technical Information about you if you visit other websites or applications employing our cookies. Please see the information about our use of cookies for further details. Note that our mobile applications may use similar technologies.
  • Cookies – Cookies are data files sent to and stored on the Device you use to view a website. Cookies can be used for many purposes, including to monitor use of our Sites, to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly and to store your user name and password so you do not have to re-enter it each time you visit the Sites. If you choose to disable cookies on your Device, some features of the Sites or our content may not function properly.
  • Web Beacons – Web Beacons are small graphic images or other web programming code (also known as “1×1 GIFs” or “clear GIFs”) that may be included on the Sites and in our e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Sites, to monitor how users navigate the Sites, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
  • Embedded Scripts – Embedded scripts are programming code designed to collect information about your interactions with the Sites, such as the links you click. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Sites.
  • Third parties or publicly available sources. We may receive Personal Information about you from various third parties. For example, if you are on another website and you opt-in to receive information from us, the other website may forward your contact and other information to us so that we may contact you as requested. If your company has provided you with access to the Site, we may receive information about you from your company. We also may supplement the information we collect with outside records from third parties in order to provide you with information, services or goods you have requested, to enhance our ability to serve you, and to tailor our content to you. We may combine the information we receive from those other sources with information we collect through the Sites. In those cases, we will apply this Privacy Policy to the combined information. Examples of third party sources include:
    • Technical Information from the following parties:
      • analytics providers;
      • advertising networks; and
      • search information.
    • Contact, Financial and Transaction Information from providers of technical, payment and delivery services.
    • Contact and Financial Information from companies that facilitate making reservations.
    • Identity and Contact Information from publicly available sources.
IV. THIRD PARTY INTERACTIONS Certain functionality on the Sites may permit interactions that you initiate between the Sites and a third party website or service (“Third Party Interactions”). Examples of Third Party Interactions may include technology that enables you to “like” or “share” content from the Sites on or to other websites or services; to transmit content to the Sites from your account on a third party website or service; and to otherwise connect the Sites to a third party website or service, such as through an application programming interface (API) made available by W3 EDGE or a third party.

If you choose to use Third Party Interactions, information you post or provide access to may be publicly displayed on the Sites or by the provider of the feature that you use. Similarly, if you post information on a third party platform that references the Sites (e.g., by mentioning one of the Sites or using a hashtag associated with one of the Sites in a tweet or status update), your post may be published on our Sites in accordance with the terms of the third party website or service. In addition, both W3 EDGE and the third party may have access to certain information about you and your use of the Sites and the third party website or service. In addition, we may receive information about you in connection with other users’ use of Third Party Interactions (e.g., we may learn that you are a “friend” or “connection” of the third party or receive other information about you that the other user enables us to receive).

The information we collect in connection with Third Party Interactions is subject to this Privacy Policy. The information collected and stored by the third party remains subject to the third party’s privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party website or service. V. THIRD PARTY ANALYTICS PROVIDERS & AD SERVERS; ONLINE TRACKING

W3 EDGE works with certain third parties (including network advertisers, ad agencies, and analytics companies) to provide us with information regarding traffic on the Sites, to serve advertisements, including our advertisements elsewhere online, and to provide us with information regarding the use of the Sites and the effectiveness of our advertisements. For example, if you clicked on one of our advertisements that led you to one of the Sites, our service provider(s) may be able to tell us which advertisement you clicked on and where you were viewing the advertisement. These third parties may set and access their own tracking technologies (including cookies, embedded scripts, and web beacons) and may otherwise collect or have access to your Device Identifier, Usage Data and related information about you. Cookies and web beacons, including those set by third party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times, conduct research regarding the usefulness of certain advertisements to you, and assist in providing analytics. We may share Device Identifier and Usage Data about visitors with third party advertising companies, analytics providers and other vendors for similar purposes. While we may use a variety of service providers to perform advertising and analytics services, some of these companies may be members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA“) Self-Regulatory Program for Online Behavioral Advertising.

These third parties may also transfer Device Identifier and Usage Data to other third parties where required to do so by law, or where such third parties process analytics information on their behalf. Each of these third party’s ability to use and share Device Identifier and Usage Data is restricted by their respective Terms of Use and Privacy Policy. By using our Websites, you consent to the processing of data about you by these third parties in the manner and for the purposes set out above. For a full list of third party analytics services, please contact us at policies@w3-edge.com.

For additional information regarding targeted advertising and the “opt-out” procedures of NAI members and DAA Self-Regulatory Program participating companies, you may visit:

Please note that opting out through these mechanisms does not opt you out of being served advertising. You may continue to receive generic ads while visiting the Site and elsewhere online. Some third parties may collect Personal Information about your online activities over time and across different websites.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. However, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, the Sites currently do not alter their practices when they receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com.

VI. HOW WE USE YOUR PERSONAL INFORMATION

We may use the information we collect about you, including Personal Information and Usage Data:
  • to provide you with our products and services and related customer service;
  • to send you information about W3 EDGE or our products or services, or promotional material from some of our advertisers or third-party business partners;
  • to process a transaction you initiate, process payments and provide accurate billing and shipping;
  • to provide you with information, products or services that you have requested or agreed to receive;
  • to process your registration with the Sites, including verifying your Contact Information is active and valid;
  • to identify you as a user in our system;
  • to present our Sites and its contents in a suitable and effective manner for you and for your device;
  • to customize and tailor your experience on the Sites, for example, by displaying content that we think you might be interested in;
  • to bill you for W3 EDGE products and services;
  • to provide improved administration of our Sites and services;
  • to send you administrative e-mail notifications, such as order confirmations, order status updates, security, or support and maintenance advisories;
  • to market our products or services, including recommending products or services that might be of interest to you;
  • for compliance fraud prevention and safety, including enforcing our terms of service and this Privacy Policy, protecting our rights privacy, safety, or property and/or that of you or others, and protecting against, investigating or deterring fraudulent, harmful, unauthorized, unethical or illegal activity;
  • to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
  • to contact you with regard to your use of the Sites and, in our discretion, changes to the Site policies or functionality; and
  • for purposes as disclosed at the time you provide your information, with your consent, or as further described in this Privacy Policy.

In addition to the above, we may use Anonymous Data to analyze request and usage patterns so that we may enhance the content of our services and improve navigation on the Websites. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

A. COMMUNICATIONS AND OFFERS FROM US

We may use your Identity, Contact, Technical, Usage and Profile Information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from, purchased goods or services from us, or if you provided us with your details when you registered out our Sites and, in each case, you have opted to receive that marketing. B. THIRD-PARTY AND AFFILIATE MARKETING

We do not share your Personal Information with unaffiliated third parties for those unaffiliated third parties’ marketing purposes unless you consent to such sharing.

C. COOKIES

A cookie is a data file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiration date, unless deleted by the user before the expiration date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies. Based on what function cookies have and the purpose for which cookies are used, there are four categories of cookies: strictly necessary cookies, performance cookies, functional cookies and marketing cookies.

Strictly necessary cookies

These cookies are essential in order to enable you to move around the Sites and use their features. Without these cookies, some services cannot be provided – for example, remembering previous actions when navigating back to a page in the same session.

Strictly necessary cookies enable features without which you would not be able to use the Sites as intended. These cookies are used exclusively by W3 EDGE. They are only saved on your computer while you are actually browsing the Sites.

Another example of what these cookies do is facilitate a switch from http to https when you change pages, so that the security of data transmitted is maintained. Furthermore, a cookie of this kind is used to store your decision about the use of cookies on our Sites. Your consent is not required for the use of strictly necessary cookies and they cannot be disabled using the features of the Sites.

Performance cookies

These cookies gather information about how a website is used – for example, which pages a visitor opens most often, and whether the user receives error messages from some pages. These cookies do not save information that would allow the user to be identified. The collected information is aggregated, and therefore anonymous. These cookies are used exclusively to improve the performance of the Sites and user experience.

Functional cookies

These cookies enable a website to save information which has already been entered (such as username and location), so that it can offer you improved and more personalized functions. Functional cookies are also used to enable features you request such as playing videos. These cookies collect anonymous information and cannot track your movements on other websites.

Marketing cookies

These cookies are used to deliver advertisements and other communications more relevant to you and your interests. They are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. They remember whether you have visited a website or not, and this information can be shared with other organizations such as advertisers (this includes advertising technologies on websites such as LinkedIn and Twitter). Cookies for improving group targeting and advertising will often be linked to site functionality provided by other organizations.

Most browsers allow you to refuse all or some browser cookies, or to alert you when websites set or access cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain information about blocking and deleting cookies for some commonly used browsers via the links below:

Please note that blocking all cookies will have a negative impact upon the usability of many websites and if you choose to block cookies, you may not be able to use all the features on our Sites.

VII. DISCLOSURES OF YOUR PERSONAL INFORMATION

We may share non-personally identifiable information, such as aggregated user statistics, in our discretion and without restriction.

We may disclose the information we have collected about you, including Personal Information, as disclosed at the time you provide your information, with your consent, as described in this Privacy Policy, or in the following circumstances:

A. INTERNAL THIRD PARTIES

W3 EDGE may disclose information including Personal Information with its parent, subsidiaries and affiliates for a variety of purposes, including for business, operational, and marketing purposes. W3 EDGE may, and reserves the right to, share your information with any other company that is not presently, but becomes, a W3 EDGE parent, subsidiary, or affiliate.

B. EXTERNAL THIRD PARTIES

Third Party Service Providers

We may share Personal Information with third party service providers in connection with the service providers’ performance of services to, or on behalf of, the Sites, including conducting quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to W3 EDGE. These service providers may store or use your information outside of the EU or United States.

Third Party Payment Processing

For online payments we use the payment services of Freshbooks (HTTPS://WWW.FRESHBOOKS.COM/) and PayPal (HTTP://WWW.PAYPAL.COM). We do not process, record or maintain your credit card or bank account information and we will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to HTTPS://WWW.FRESHBOOKS.COM/POLICIES/PRIVACY and HTTPS://WWW.PAYPAL.COM/US/WEBAPPS/MPP/UA/PRIVACY-FULL.

Administrative & Legal Reasons

We may transfer and disclose information, including Personal Information, to third parties:

  • to comply with a valid legal inquiry or process such as a search warrant, subpoena, statute or court order, or if in our opinion such disclosure is required by law;
  • to obtain or maintain insurance coverage, manage risks, obtain professional advice, or establish, exercise or defend legal claims, whether in court proceedings or in an administrative or out-of-court procedure;
  • to protect the safety, interests, rights, property or security of W3 EDGE, you, or any third party;
  • to respond to a breach or attempted breach of the security of our Sites;
  • to defend or assert our legal rights pursuant to any of the Sites’ Terms of Use, any policies applicable to the Sites, or any other agreement you may have with W3 EDGE; or
  • at the request of governmental authorities conducting an investigation.

We may also use Technical Information to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers, or law enforcement agencies in our discretion.

C. SHARING BETWEEN W3 EDGE COMPANIES; BUSINESS TRANSFERS

W3 EDGE may also disclose and transfer your Personal Information: (i) to a subsequent owner, co-owner or operator of the Sites or applicable database, or of our products or services; (ii) if W3 EDGE (or any of its affiliated, parent, or subsidiary companies) assigns its rights regarding any of your information to a third party; or (iii) in connection with a corporate merger, consolidation, restructuring, the sale of certain of W3 EDGE’s ownership interests, assets, or both, or other company change, including, without limitation, during the course of any due diligence process. These transfers and disclosures may be carried out without notice to you.

VIII. YOUR CHOICES

A. ACCESSING, UPDATING, CORRECTING OR DELETING INFORMATION

You can review, request access to, update, correct or delete your Personal Information by contacting us at privacy@w3-edge.com.

You may request deletion of your Personal information by contacting us and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain information for fraud prevention or similar purposes. Also, note that we may need to delete your user account in order to delete your Personal Information.

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. If you contact us with changes, we will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable. Note, however, that information may persist internally for our administrative purposes and that residual data may remain on backup media or for other reasons.

B. OPTING OUT

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us.

Where you opt out of receiving these marketing messages, this will not apply to Personal Information provided to us as a result of the purchase of a product or service or other transactions and we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

C. CHOOSING NOT TO SHARE PERSONAL INFORMATION

You may choose not to provide us with any Personal Information. In such an event, you may still be able to access and use some of the Sites; however, you may not be able to access and use those portions of the Sites that require your Personal Information. You may opt out of receiving marketing e-mails by following the opt-out instructions provided to you in those e-mails. Please note that we reserve the right to send you certain communications relating to your account or use of any of the Sites (for example, administrative and service announcements, shipping notices, and order or reservation confirmations) and these transactional account messages may be unaffected if you opt-out from marketing communications.

Where we need to collect Personal Information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

D. MARKETING COMMUNICATIONS

We strive to provide you with choices regarding certain Personal Information uses, particularly around marketing and advertising. You can opt-out of such communications as outlined in Section B, above

Please note that you may continue to receive service-related and other non-marketing communications.

IX. DATA SECURITY

W3 EDGE takes commercially reasonable security measures to help protect your Personal Information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. However, please note that transmission over the Internet or wireless networks cannot be guaranteed to be completely secure; and therefore we cannot ensure or warrant the security of any information we collect. You use our Sites and provide us with your information at your own risk.

We have put in place procedures to respond to any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

X. USERS OUTSIDE OF THE UNITED STATES AND INTERNATIONAL TRANSFERS

The Sites are operated in the United States, and W3 EDGE and third party service providers and partners operate in the United States and other jurisdictions. If you are located outside of the United States, please be aware that any information you provide to us may be transferred to and processed in the United States and other countries. By using the Site, or providing us with any information, you consent to this transfer, processing and storage of your information in countries where the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen.

XI. CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California certain information regarding W3 EDGE’s disclosure within the immediately preceding calendar year of that California resident’s Personal Information to third parties (and in some cases, affiliates) for their direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties and affiliates for their direct marketing purposes, please send your request to the following email address: support@w3-edge.com or write to us at the following mailing addresses: W3 EDGE, LLC, PO Box 55071 #22185, Boston, MA 02205-5071 or W3 EDGE, LLC, PO Box 7775 #22185, San Francisco, CA 94120-7775. You must put the statement “Your California Privacy Rights” in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labelled or sent properly, or do not have complete information.

XII. QUESTIONS

If you have any questions or concerns regarding this Privacy Policy or our practices, please feel free to contact us via email at policies@w3-edge.com. We can also be contacted by mail at:

W3 EDGE, LLC PO Box 55071 #22185 Boston, MA 02205-5071

or

W3 EDGE, LLC PO Box 7775 #22185 San Francisco, CA 94120-7775

XIII. ADDITIONAL INFORMATION FOR RESIDENTS OF THE EUROPEAN UNION

A. PERSONAL INFORMATION

References to “Personal Information” in this Privacy Policy are equivalent to “Personal Data” governed by European data protection legislation.

B. LEGAL BASES FOR PROCESSING PERSONAL DATA

We will only use your Personal Data when the law allows us to do so. Most commonly, we will use your Personal Information in the following circumstances:

  • Where we need to perform obligations relating to a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Our legitimate interests include those related to conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
  • Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your Personal Information other than in relation to sending marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us using the contact information provided above.

We have set out below, in a table format, a description of the ways we plan to use your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your Personal Data where more than one ground has been set out in the table below.

Purpose/Activity  Type of Information  Lawful basis for processing including basis of legitimate interest 
To register you as a new customer or user (a) Identity(b) Contact(c) Profile  Performance of a contract with you and/or taking steps, at your request, to enter such a contract
To process and deliver products and services including:(a) Deliver requested goods and services(b) Manage payments, fees and charges(c) Collect and recover money owed to us   (a) Identity(b) Contact(c) Financial(d) Transaction (e) Marketing and Communications   (a) Performance of a contract with you and/or taking steps, at your request, to enter such a contract(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:(a) Notifying you about changes to our terms or Privacy Policy(b) Asking you for feedback  (a) Identity(b) Contact(c) Profile(d) Marketing and Communications   (a) Performance of a contract with you and/or taking steps, at your request, to enter such a contract(b) Necessary to comply with a legal obligation(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) 
To administer and protect our business and the Sites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity(b) Contact(c) Technical(d) Usage

(e) Location

 (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity(b) Contact(c) Profile(d) Usage

(e) Marketing and Communications (f) Technical (g) Location  		 Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical(b) Usage Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity(b) Contact(c) Technical(d) Usage (e) Profile   Necessary for our legitimate interests (to develop our products/services and grow our business)
C. CONTROLLER 

This Privacy Policy is issued on behalf of W3 EDGE, LLC and its subsidiaries and affiliates so when we mention “W3 EDGE”, “we”, “us” or “our” in this Privacy Policy, we are referring to the relevant company responsible for processing your data.

If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact us using the details set out below.

D. DATA RETENTION

We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances, you can ask us to delete your data: see the Request Erasure subsection below for further information.

In some circumstances we may anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

E. CHANGE OF PURPOSE

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis that allows us to do so.

Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

F. EU RESIDENT PERSONAL DATA RIGHTS

Under certain circumstances, EU Residents may have rights under data protection laws in relation to your Personal Data as outlined below:

  • Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
  • Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons that will be notified to you, if applicable, at the time of your request.
  • Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it affects your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.
  • Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at privacy@w3-edge.com.

No Fee Usually Required

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What We May Need From You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit To Respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Complaints to Supervisory Authority

EU Residents may have the right to make a complaint at any time to the supervisory authority for data protection issues. However, we would appreciate the chance to deal with your concerns before you approach the supervisory authority so please first contact us directly to allow us to do so.

Effective Date: 04/10/2018

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