Terms of Use & Privacy Policy

Last Updated: [January 31, 2019]

These Terms of Use and Privacy Policy (these “Terms”) apply to your access to and use of any website, mobile site, mobile application and other online service that link to these Terms (collectively, ­the “Sites”) offered by Dexko Global, Inc. (referred to in these Terms as “Dexko”, “we”, “us” or “our”) and apply to information we collect when you use the Sites. By accessing the Sites, you are agreeing to these Terms and any other notices we post on the Sites.

We may change these Terms from time to time. If we make changes, we will notify you by revising the date at the top of these Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). Changes to these Terms will take effect immediately upon their posting on the Sites. Your continued use of the Sites following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.  These Sites are created and controlled by Dexko in the United States of America.  If you access the Sites from a location outside the United States, you are responsible for compliance with all local laws and regulations.

Terms of Use

Informational Purposes Only

The information and content available on the Sites are provided for informational purposes only. We reserve the right to modify, change or delete any information or content available on the Sites at any time. Information and content should only be considered current as of the date of initial publication, without regard to the date on which you may access the information. Any opinions or estimates of Dexko or any third party reflect a judgment at the original date of publication by Dexko or such third party and are subject to change without notice.

Intellectual Property Rights

All content available on or through the Sites, including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (“Content”) are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. As between you and Dexko, the Site, and all Content, is the property of Dexko and its applicable affiliates, licensors and contractors and unless otherwise expressly agreed in writing between you and Dexko, may only be used for your personal, non-commercial educational purposes. Except as expressly authorized in these Terms, you may not use, store, modify, reproduce, display, publish, distribute, transmit, sell, transfer, create derivative works of, publicly perform or otherwise exploit any Content or information available on or through the Site, in whole or in part, whether by electronic or other means, without our prior written consent.

Prohibited Uses

You may use the Sites only for lawful purposes and in accordance with these Terms. You agree not to use the Sites:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
• To impersonate or attempt to impersonate Dexko, a Dexko employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm Dexko or users of the Sites or expose them to liability.

Additionally, you agree not to:

• Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites.
• Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
• Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Sites.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites.
• Attack the Sites via a denial-of-service attack or a distributed denial-of- service attack.
• Otherwise attempt to interfere with the proper working of the Sites.

Privacy Policy

This Privacy Policy explains how information about you is collected, used and disclosed by Dexko. This Privacy Policy applies to all information we collect when you use the Sites or when you otherwise interact with us.

We endeavor to ensure that all information from which you can be identified ("Personal Information") provided to, or otherwise obtained by, us is handled in accordance with the EU General Data Protection Regulation and all similar or related legislation (the "Data Protection Legislation"). We will use Personal Information in accordance with this Privacy Policy.

By accessing or using the Sites, you acknowledge and agree that we may collect, use and transfer your Personal Information as set out in this Privacy Policy.

We encourage you to review the Privacy Policy whenever you access the Sites to stay informed about our information practices and the ways you can help protect your privacy. We reserve the right to change this Privacy Policy from time to time and you should therefore check this page frequently to ensure that you are happy with any changes.

For the purposes of the Data Protection Legislation, we are deemed to be the "data controller" in respect of any Personal Information that you provide to us or we otherwise obtain about you.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Sites, including Personal Information that users submit to us through the Sites such as e-mail address, name or postal address, and information generated about your use of the Sites, including [the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Sites; and about the computer or mobile device you use to access our Sites, including the hardware model, operating system and version, device identifiers and mobile network information.]

We collect this information directly from you when you provide it to us, and automatically as you navigate through the Sites.

How We Use Your Information

We may use information about you for various purposes, including to:

• Provide, maintain and improve our Sites;
• Monitor and analyze trends, usage and activities in connection with our Sites;
• Link or combine with information we get from others to help operate our business, understand your needs and provide you with better service;
• Provide you with information that you request from us; and
• Carry out any other purpose for which the information was collected.

Company Use of Cookies

We automatically collect information from visitors to our Sites using tracking technology, including cookies and electronic images known as web beacons. The information collected via cookies, web beacons, and other tracking technology is anonymous and not personally identifiable. Cookies enable us to measure activity on the Sites and to improve user experience by, for example, remembering passwords and viewing preferences. If you do not want us to collect information using cookies, you can disable this function in your browser. If you block cookies from our Sites, however, the Sites may not function optimally, and you may not be able to view personalized content. We may also use web beacons to monitor activity on our Sites, as well as across social media platforms and other websites. These web beacons allow us to provide personalized services and advertising content to visitors to our Sites.

Sharing of Information

Where it is necessary for our business processes, we may share information about you as follows or as otherwise described in this Privacy Policy:

• With vendors, consultants and other service providers or volunteers who need access to such information to carry out work on our behalf;
• In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
• If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Dexko, its employees, volunteers, or others;
• In connection with, or during negotiations of, any merger, change of control, reorganization, business combination, asset sale or transfer, or in any other transaction in which Personal Information may be disclosed or transferred as one of the assets of Dexko;
• To fulfill the purpose for which you provide it; and
• With your consent or at your direction, including if we notify you through our Sites that the information you provide will be shared in a particular manner and you provide such information.

We may share aggregated or anonymized information that does not directly identify you without restriction.

Children’s Information

The Sites are not intended for use by those under 18 years of age and we do not knowingly solicit or collect Personal Information from children under the age of

13. No one under the age of 13 may provide any Personal Information to us or on the Sites. If we learn that we have collected or received Personal Information from a child under the age of 13 without verification of parental consent, we will take reasonable measures to delete such information from our records and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).

Our security and data retention measures, and any transfers we make outside of the EEA

Dexko takes steps to help protect information about you, including Personal Information, from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted via the Sites. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.

We will only keep your Personal Information for as long as we reasonably require and, in any event, only for as long as the Data Protection Legislation allows.

Accessing and updating your Personal Information

You have the right to ask us not to process your Personal Information for marketing or research purposes.  We will usually inform you (before collecting your Personal Information) if we intend to use your Personal Information for such purposes or if we intend to disclose your Personal Information to any third party for such purposes.  You can exercise your right to prevent such processing by contacting us at the details set out at section 8 below.

You have the right to see the Personal Information we hold about you and to ask us to: (a) make any changes to ensure that any Personal Information we hold about you is accurate and up to date; (b) erase or stop processing any Personal Information we hold about you where there is no longer a legal ground for us to hold it; or (c) transfer any information we hold about you to a specified third party. If you wish to do this, please contact us using the contact details set out in section 8 below.

Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

Our Sites may, from time to time, contain links to and from third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their related policies. Please check these policies before you submit any Personal Information via these websites.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES.

YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DEXKO NOR ANY PERSON ASSOCIATED WITH DEXKO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER DEXKO NOR ANYONE ASSOCIATED WITH DEXKO REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, DEXKO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DEXKO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES OR ANY CONTENT ON THE SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

If you are dissatisfied with the Sites, Content, or information available on or through the Sites (or portion thereof), or with any of these Terms, your sole and exclusive remedy is to discontinue using the Sites.

Indemnification

You agree to defend, indemnify, and hold harmless Dexko, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Sites.

Applicable Law

These Terms and all matters relating to the Sites and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule. You agree that any action at law or in equity that arises out of or relates to any use of the Sites will be filed only in the state or federal courts located in the State of Delaware. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

Additional Terms

No waiver by Dexko of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dexko to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

The Terms constitute the sole and entire agreement between you and Dexko regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.

Questions and Contact Information

If you would like to: access, correct, amend or delete any Personal Information we have about you, register a complaint, ask a question or simply want more information, email us at privacy@dexko.com. Should you wish to take any complaints or queries further, you have the right to contact your local data protection authority regarding such issues.