Policies and Terms
By using the catsone.com web site (“Service”), a service of CATS Software, Inc., you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
CATS Software Inc. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
- When signing up for an account, you must provide your legal full name, full company name (if applicable), a valid e-mail address, and any other information requested in order to complete the signup process. When signing up for a paid account, or upgrading a free account to a paid account, you must provide your legal full name, full company name (if applicable), a valid e-mail address, your correct billing information, and any other information requested in order to complete the signup or upgrade process.
- Accounts registered by “bots” or other automated methods are not permitted.
- An individual user login may only be used by one person – a single user login shared by multiple people is not permitted. You must have a user license (“seat”) and an individual user login for each person using the system.
- You are responsible for maintaining the security of your account and password. CATS Software, Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- Company names displayed on all non-internal publicly rendered web pages (such as your career portal or published lists) visible to the general public must be of your own company or an owned and operated sub-division of your company. A job board is defined as charging third parties for the sole purpose of publicizing jobs to the publicly rendered web pages provided by the Service. It is not permissible to operate the Service as a job board.
- You are responsible for all text, images, video, sound, data and other materials posted and activity that occurs under your account, even when Content is posted by others who are sharing your pages (such text, images, video, sound, data and other materials shall be collectively referred to as the “Content”).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
- You must be 13 years or older to use this Service.
- All copyright and “powered by” notices, images and texts (“notices”) in rendered pages and outgoing emails must be present. The location of the notice on the page may be altered so long as the notice remains clearly visible.
- Violation of any of these agreements will result in the termination of your Account.
- The term for the Service shall commence on the date that access to the Service is activated by CATS Software, Inc., and continue until terminated as provided in these Terms of Service.
Payment, Refunds, Upgrading and Downgrading Terms
- The fee or charge associated with the Service is billed in advance on a monthly basis and is non-refundable (the “Service Fee”). There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
- You must notify CATS Software, Inc. of any change to your billing information before the next billing cycle.
- The Service Fee is exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only those taxes based on the net income of CATS Software, Inc.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- You hereby authorize CATS Software, Inc. to debit or credit, as applicable, the credit card or debit card you select to pay the Service Fee.
Cancellation and Termination
- You may cancel your account at any time. Cancellation must be done within the Service. Cancellation requests via email will not be accepted.
- Once an account is canceled, CATS Software, Inc. reserves the right to delete any associated data at any time.
- If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and your credit card will not be charged again; however, no refund or prorate will be issued.
- CATS Software, Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other CATS Software, Inc. service, for any reason at any time.
Modifications to the Service and Prices
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from CATS Software, Inc.. Such notice may be provided at any time by posting the changes to www.catsone.com or via e-mail.
- CATS Software, Inc. reserves the right at any time and from time to time to modify the Service (or any part thereof) with or without notice.
- CATS Software, Inc. shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- Subject to the provisions of these Terms of Service, CATS Software, Inc. grants to you, and you accept, a non-exclusive, non-transferable, limited license to use the Service. Except for the license granted in this section 2, User acknowledges that it acquires no other rights to the Service and that all right, title and interest in and to the Service shall remain with CATS Software, Inc. and its licensors.
- You hereby grant CATS Software, Inc. a royalty-free, worldwide license to use, display and publish the Content solely for the purposes of providing the Service. Except for the rights expressly provided in this section 3, nothing contained herein will give CATS Software, Inc. any right, title, or interest in or to the Content. You acknowledge that CATS Software, Inc. may compile certain general information related to your use of the Service. You agree that CATS Software, Inc. is authorized to use, reproduce and generally make such information available to third parties in the aggregate, provided that your information shall not include personally identifiable information about those that use the Service or be attributable to you. CATS Software, Inc. shall have the right to list and name you as a customer of the Service, including the limited right to use your corporate logo, subject to your written guidelines on such use.
- You, not CATS Software, Inc., shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Content. You represent and warrant to CATS Software, Inc. that (a) Content is original to you or that the you have secured the rights to provide and use such Content; (b) Content does not contain any material that is unlawful, threatening, harassing, profane, tortuous, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity; (c) Content does not contain a virus or other harmful component; and (d) the provision of the Content to CATS Software, Inc. and CATS Software, Inc.’s use of the Content pursuant to this Agreement shall not violate any law, regulation or rule including, but limited to, the EU Data Protection Directive 95/46/EC.
- You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, CATS Software, Inc., or any other CATS Software, Inc. service.
- You agree not to reproduce, duplicate, copy, sell, resell, make derivative works based on, decompile, disassemble, reverse engineer, translate or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CATS Software, Inc.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, or otherwise objectionable or violates these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CATS Software, Inc. customer, employee, or agent will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not post or transmit unsolicited e-mail or “spam” messages using the Service.
- You must not post or transmit any worms, viruses, or any program of a destructive nature using the Service.
- CATS Software, Inc. does not warrant that
- the service will meet your specific requirements,
- the service will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the service will be accurate or reliable,
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or
- any errors in the Service will be corrected.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT CATS Software, INC. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CATS Software, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
- The failure of CATS Software, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CATS Software, Inc. and govern your use of the Service, superseding any prior agreements between you and CATS Software, Inc. (including, but not limited to, any prior versions of the Terms of Service). The following provisions of these General Conditions shall survive termination or expiration of the agreement created by these Terms of Service: 3, 5, 6, 13, 15, 17, and 18.
- Nothing in these Terms of Service shall be construed to create a partnership or joint venture. This Agreement shall be governed by the laws of the State of Minnesota, excluding its choice of law rules and the United Nations Convention on Contracts for the Sale of Goods. The exclusive venue for all disputes under these Terms of Service shall be the state or federal courts in Hennepin County, Minnesota. The Service is provided by CATS Software from its offices within the State of Minnesota, United States of America. CATS Software makes no representation that the Service (or your use of the Service) is appropriate for use in other locations. You who are accessing the Service from other locations do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- The agreement created pursuant to these Terms of Service is personal to you and you may not assign your rights, duties, or obligations to any person or entity without the prior written permission of CATS Software, Inc. However, CATS Software, Inc. may assign the agreement created pursuant to these Terms of Service in whole or in part, without your consent in the case of a merger, acquisition, divestiture, consolidation, or corporate reorganization (whether or not CATS Software, Inc. is the surviving entity).
- CATS Software, Inc. may give notice by written communication sent by first class mail or pre-paid post to your address on record in CATS Software, Inc. account information. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post). User may give notice to CATS Software, Inc. (such notice shall be deemed given when received by CATS Software, Inc.) by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to CATS Software, Inc. at the following address: 121 South 8th Street, Suite #1320, Minneapolis, MN 55402.
- You shall indemnify and hold CATS Software, Inc. and its officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your breach of Sections 4, 5, 6, and 11 of the above General Conditions; provided that CATS Software, Inc. (i) gives you prompt written notice of the claim; (ii) gives you control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless it unconditionally releases CATS Software, Inc. of all liability and such settlement does not affect CATS Software, Inc.); and (iii) provides you all available information and reasonable assistance.
- Questions about the Terms of Service should be sent to the CATS Software Support Team.
2. The SiteThe Site, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Site is the property of CATS Software or its content suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. CATS Software hereby grants you a limited, nonexclusive, non-transferable personal license to use the Site for personal or informational purposes only. Except as expressly authorized by CATS Software in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Site for any purpose. All rights not expressly granted herein are reserved to CATS Software and/or its licensors. To use certain features of the Site or participate in certain activities sponsored by CATS Software, we might ask you to register as a user or participant. If so requested, each Site user must: (a) personally provide true, accurate, current and complete information on the Site’s registration form (collectively, the “Registration Data”) and (b) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, CATS Software has reasonable grounds to suspect that any user’s Registration Data is untrue, inaccurate, not current or incomplete, CATS Software may suspend or terminate any and all current or future use of the Site by that user. A user may receive passwords and account designations upon completing certain Site registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
3. Your SubmissionsThe Site may include access to or use of blogs and/or other message or communication facilities. All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to CATS Software or the Site, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership of the Content, the submitting user grants the royalty-free, perpetual, irrevocable, non-exclusive, transferable, world-wide license to CATS Software to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content (in whole or part) on the Site. CATS Software has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. CATS Software shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. CATS Software, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Site users and the public.
4. Principles of ParticipationIn order to maximize the user experience at the Site, we ask you to follow these rules: (a) you shall not upload to, distribute through or otherwise publish through the Site any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law; (b) you shall not use the Site in any manner that could be offensive to the CATS Software online community, including but not limited to posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) you will use this Site only in a manner consistent with all laws and regulations and in accordance with the Terms; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from CATS Software for any purpose; (e) you will only submit Content for which you have the copyright or other specific permission to distribute electronically; (f) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights; and (g) you shall not, without our express written approval, distribute or otherwise publish any Content containing any solicitation of funds, advertising, or solicitation for goods or services.
5. ChildrenThe Site is not intended for use by children. If you are under 13, you may not submit or post any information or material on the Site or otherwise provide such information to CATS Software, including but not limited to personally identifiable information.
6. TerminationCATS Software may terminate a user’s ability to use the Site in CATS Software’s absolute discretion and for any reason. CATS Software is likely to terminate your use of the Site for reasons that include, but are not limited to, the following: (a) violation of these Terms; (b) abuse of Site resources or attempt to gain unauthorized entry to the Site; or (c) as required by law, regulation, court or governing agency order. CATS Software’s termination of any user’s access to the Site may be effected without notice and, on such termination, CATS Software may immediately bar any further access to the Site. CATS Software shall not be liable to any user or other third party for any termination of that user’s access to the Site. In the event of termination, CATS Software reserves the right to delete, or not delete a user’s Content at CATS Software’s sole discretion.
7. LinksThe Site may provide links to other websites. CATS Software exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
8. CATS Software ServicesAll use of the CATS Software services described at the Site is subject your acceptance and compliance with the Terms of Service: (the “Terms of Service”).
9. Responsibility For Use; Limitations of LiabilityCATS Software does not control the Content posted to the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will CATS Software be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted or displayed via the Site. Each user must evaluate, and bear all risks associated with the use of the Site and any Content, including any reliance on the accuracy, completeness, timeliness, integrity or usefulness of the Site or any such Content. Each user shall indemnify, defend and hold harmless CATS Software from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Site; his or her submission, posting or transmission of Content or his or her violation of the Terms. EACH USER’S USE OF THE SITE IS AT HIS OR HER SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CATS Software EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CATS Software SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Trademark Information“CATS SoftwareONE” and “CATS Software” are trademarks of CATS Software. All other marks, names, and logos mentioned on the Site are the property of their respective owners. Your use of the CATS Software trademarks and other marks, names and logos set forth on the Site without prior written consent is strictly prohibited.
11. CopyrightsCATS Software respects the intellectual property rights of others, and requires that the people who use the Site do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit CATS Software to locate the material, including the full URL. (d) your name, address, telephone number, and email address. (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is: John Roberts New Counsel, PLC 233 Park Avenue, Suite 203 Minneapolis, MN 55415, USA Tel: 612-659-8443 email: firstname.lastname@example.org
II. How We Use Your InformationWe use the information that We collect for several purposes, including:
- The purposes for which You provided it;
- To provide information and services to You;
- To process and respond to Your inquiries and comments;
- To send You information about Your relationship with us or about new projects or other information that we think you may find interesting;
- To contact you for market research purposes and to use this information to customize the Service according to your interests;
- To administer, operate, and improve the Service or to further the mission of CATS Software;
- To personalize and enhance Your experience using the Service;
- To send periodic emails. If you choose, the email address You provide may be used to send You occasional news, updates, related product or service information, etc. Note: If at any time You would like to unsubscribe from receiving future emails, We include detailed unsubscribe instructions at the bottom of each email;
- To generate and review reports and data about our user base and Service usage patterns;
- To analyze the accuracy, effectiveness, usability or popularity of the Service;
- To compile aggregate data for internal and external business purposes;
- To prevent fraud and abuse of the Service and to otherwise protect users and visitors and our business;
- To assist law enforcement and respond to subpoenas; and
III. Legal Bases for Using Personal InformationPerformance of a contract The use of your personal information may be necessary to perform the agreement you have with us to provide products and services. For example, to complete Your account registration or to provide ongoing assistance with Your account. Legitimate interests We may use your personal information for our legitimate interests. For example, We rely on our legitimate interest to analyze and improve our Services and the content on our website, to send you notifications about our Services, or to use your personal information for administrative, fraud detection, or legal purposes. Consent Prior to accessing this site and providing your personal data, You may have provided Your informed consent to the collection and use of certain personal data. You are free to withdraw your consent at any time, subject to the “Your Choices Regarding Your Information” section below and the preceding Legal Bases for Using Personal Information in this Section. Compliance with legal obligations We may use your personal information to comply with legal obligations to which we are subject, including to comply with legal process.
- Akita. We use Akita to track product usage and feature adoption in our Service. In using our Service, Akita may collect your name, email address, and phone number. For more information on how Akita collects Your data, please visit https://www.akitaapp.com/privacy.
- ChartMogul. We use ChartMogul to monitor our subscription usage and billing trends. In using our Service, we may provide ChartMogul with Your name, email address, phone number, and mailing address. For more information on how ChartMogul collects Your data, please visit https://chartmogul.com/privacy/.
- Facebook. By clicking on the Facebook button on the Service, You will be automatically transported to the official Facebook Page for CATS Software, https://www.facebook.com/CATS Softwareone. CATS Software allows users to comment on blog posts using the Facebook Comments Plugin and in doing so, CATS Software may have access to personal information about You. For more information on the Facebook Comments Plugin, please visit, https://developers.facebook.com/docs/plugins/comments.
- FirstPromoter. We use FirstPromoter to track referrals and monitor our marketing efforts. In using our Service, we may provide FirstPromoter with Your name and email address. For more information on how FirstPromoter uses Your data, please visit https://firstpromoter.com/privacy.
- FullContact. We use FullContact to assist with our marketing and audience creation. FullContact may gather information related to Your social media accounts and provide us with relationship information based on Your social media profiles. In using our Service, we may provide FullContact with Your email address. For more information on how FullContact collects Your data, please visit https://www.fullcontact.com/privacy-center/#privacy-policy.
- Google Tag Manager. We may use Google Tag Manager to better understand who is using the Service, how people are using it, and to improve advertising. Please see https://www.google.com/analytics/tag-manager/use-policy/ for more information about how Google Tag Manager uses this information.
- Gravatar. We use Gravatar to provide avatars for our users. In using our Service, we may provide Gravatar with Your email address. For more information on how Gravatar uses Your data, please visit https://automattic.com/privacy.
- IpInfo. We use IpInfo to monitor the Internet Protocol information of users of the Service. In using our Service, IpInfo may collect information about Your IP address. For more information on how IpInfo collects Your data, please visit https://ipinfo.io/privacy-policy.
- LinkedIn. By clicking on the LinkedIn button on the Service, You will be automatically transported to the official LinkedIn profile for CATS Software, https://www.linkedin.com/company/CATS Software-software-inc/.
- Mailboxlayer. We use Mailboxlayer to conduct email address verification. In using our Service, Mailboxlayer may collect Your email address. For more information on how Mailboxlayer uses Your data, please visit https://mailboxlayer.com/privacy.
- Mailgun. We use Mailgun to facilitate email delivery for communications from our platform. In using our Service, we may provide Mailgun with Your email address and name. For more information on how Mailgun collects Your data, please visit https://www.mailgun.com/privacy-policy.
- Nylas. We use Nylas to assist with synchronizing customer email and calendars with the CATS Software platform. In using our Service, we may provide Nylas with your name and email address. For more information on how Nylas collects Your data, please visit https://www.nylas.com/privacy-policy.
- Outreach. We use Outreach to automate and manage sales and marketing communications. In using our Service, Outreach may collect your name, email address, and phone number. For more information on how Outreach uses Your data, please visit https://www.outreach.io/privacy-policy.
- Salesforce. We use Salesforce to automate and manage sales and marketing communications. In using our Service, Salesforce may collect your name, email address, and phone number. For more information on how Salesforce uses Your data, please visit https://www.salesforce.com/company/privacy/.
- Segment. We use Segment to track and distribute product usage information to internal tools. In using our Service, Segment may collect your name, email address, and phone number. For more information on how Segment collects Your data, please visit https://segment.com/docs/legal/privacy/.
- Sentry. We use Sentry to help monitor and fix errors in our Services. In using our Service, Sentry may collect your IP address and browser information. For more information on how Sentry collects Your data, please visit https://sentry.io/privacy/.
- Twilio. Twilio is a communications company that CATS Software uses in providing account verification by text messaging, and other communications. In using our Service, Twilio may collect information about Your communications. For more information on how Twilio collects Your data, please visit https://www.twilio.com/legal/privacy, https://www.twilio.com/legal/privacy/developer, and https://www.twilio.com/legal/tos#our_use.
- Twitter. By clicking on the Twitter button on the Service, You will automatically be transported to the official Twitter feed of CATS Software, @CATS Softwareone, https://twitter.com/CATS Softwareone.
- YouTube. By clicking on the YouTube button on the Service, You will automatically be transported to the official YouTube Page of CATS Software, https://www.youtube.com/CATS Softwareonedotcom.
- Business Changes. If We become involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction or if the ownership of all or substantially all of our business otherwise changes, We may transfer Your information to a third party or parties in connection therewith.
- Investigations and Law. We may disclose information about You to third parties if We believe that such disclosure is necessary to:
- Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;
- Investigate, prevent or take action regarding suspected illegal activities, suspected fraud, the rights, reputation, safety, and property of us, users or others, or violations of our policies or other agreements with us;
- Respond to claims and legal process (for example, subpoenas); and/or
- Protect against legal liability.
- Aggregated Information. We may share aggregated information relating to users of the Service with affiliated or unaffiliated third parties. This aggregated information does not contain personal information about any user.
Cookies are small files that are transferred to and stored on Your computer through Your Web browser (if You allow it) that enable the website’s or service provider’s system to recognize Your browser and capture and remember certain information. You can instruct Your browser to stop accepting cookies. But if You do not accept cookies, You may not be able to use all portions of all functionality of the Service.
- Persistent cookies remain on the visitor’s computer after the browser has been closed.
- Session cookies exist only during a visitor’s online session and disappear from the visitor’s computer when they close the browser software.
V. SecurityWe implement a variety of security measures to protect the safety of Your personal information when You enter, submit, or access Your personal information. While We take reasonable measures to protect the information You submit via the Service against loss, theft and unauthorized use, disclosure, or modification, We cannot guarantee its absolute security. No Internet, email, or mobile application transmission is ever fully secure or error free. Email or other messages sent through the Service may not be secure. You should use caution whenever submitting information through the Service and take special care in deciding with which information You provide us. We cannot guarantee that transmissions of Your personal information will be fully secure and that third parties will never be able to defeat our security measures or the security measures of our partners. WE ASSUME NO LIABILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO TRANSMISSION ERRORS, THIRD PARTY ACCESS, OR CAUSES BEYOND OUR CONTROL. Any information collected through the Service is stored and processed in the United States. If you use our Service outside of the United States, you consent to have your data transferred to the United States.
VI. Data Retention Policy, Managing Your InformationWe will retain Your information for as long as You use the Service and for a reasonable time thereafter. We may maintain anonymized or aggregated data, including usage data, for analytics purposes. We may retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and/or for the period required by laws in applicable jurisdictions. Please note that some or all of the information We have collected may be required for the Service to function properly.
VIII. Your Choices Regarding Your InformationYou have choices regarding the use of information by the Service.
- Changing Your Information– To change Your information, You may log in to Your account’s control panel and go to the settings page. If You are unable to log into Your account, please contact us at email@example.com.
- Closing Your Account – You may close Your account by contacting us at firstname.lastname@example.org. If the email account associated with Your email address is not active, We may close Your account without notice.
IX. EU Privacy RightsUsers based in the European Union have the following legal rights in respect of their information:
- The right to require CATS Software to confirm whether or not their information is being processed, the purpose of any such processing, the recipients of any information that has been disclosed, the period for which their information is to be stored and whether any automated decision-making processes are used in relation to their information;
- The right to require CATS Software to rectify inaccurate information without undue delay;
- The right to request the erasure of their information. Subject to certain conditions, CATS Software may be required to erase the information in response to such request where:
- the information is no longer necessary in relation to the purpose for which it was collected, such as where a user chooses to terminate his or her use of the Service;
- where the processing of the information is based on the user’s consent (and the other circumstances described in the ‘Legal Basis for Processing Your information’ and ‘How We May Share Your information’ sections above no longer apply), if the user withdraws his or her consent; or
- the user objects to the processing of his or her information and there are no overriding legitimate grounds for the processing.
- Where CATS Software has disclosed the information of a European Union user to a third party and the user requests the erasure or rectification of the data, CATS Software will take all reasonable steps to inform the third party of such request.
- The right to restrict CATS Software from processing their information in certain circumstances, such as where the accuracy of that information is disputed or an objection has been raised (see below). In such circumstances, CATS Software will only process that information with the express consent of the user, or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest;
- The right to receive their information from CATS Software in a structured, commonly used and machine-readable format;
- The right to object to the processing of their information by CATS Software where:
- CATS Software has relied on the ‘legitimate interest’ basis for processing that information, in which case we will immediately stop processing the user’s information unless we have compelling legitimate grounds which override the interests, rights and freedoms of the user; or
- the information is used for direct marketing purposes, in which case we will immediately stop processing the user’s information for such purposes.
- The right to lodge a complaint with the data protection supervisory authority of the EU member state where the user resides.
- The above legal rights are subject to various conditions and exceptions including where the data is used for statistical or scientific research purposes and the exercise of the right would prevent such purposes from being attained or would seriously impair their attainment.
X. Information Collected From Other Websites and Mobile Applications and Do Not Track PolicyYour browser or device may offer You a “Do Not Track” option, which allows You to signal to operators of websites, web applications, mobile applications and services (including behavioral advertising services) that You do not wish such operators to track certain of Your online activities over time and/or across different websites or applications. Our Service does not support Do Not Track requests at this time, which means that We or our analytics providers or other third parties with which We are working may collect information about Your online activity both during and after Your use of the Service.
XI. ChildrenOur Service is not intended for children under 13 years of age. We do not knowingly collect personal information from an individual under age 13. If You are under the age of 13, please do not submit any personal information through the Service. If You have reason to believe that We may have accidentally received personal information from an individual under age 13, please contact us immediately at email@example.com.
XIV. Your California Privacy RightsSection 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing us at firstname.lastname@example.org or by writing us at CATS Software Software, Inc., Attn: Privacy, 706 2nd Ave S #950, Minneapolis, MN 55402.
- “Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
- “Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- “Personal Data” means any information relating to an identified or identifiable natural person.
- “GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
- “Sub-processor” means a third party used by CATS to provide our service.
- “Incident” means a breach of security of the Service or CATS systems used to Process Personal Data leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed by CATS in the context of this DPA.
- “You” or “Customer means the company that signs up to use CATS.
- “Data Subject” means any individual about whom Personal Data may be processed under this DPA.
Processing of Personal Data
- Roles of each PartyEach party acknowledges and agrees that with the regard to the processing of Personal Data, Customer is the Controller, CATS is the Processor and that CATS will engage Sub-processors pursuant to the requirements set forth in “Sub-processors” below.
- Customer Processing of Personal DataCustomer shall process Personal Data in accordance with the requirements of the GDPR. Customer shall have sole responsibility for the accuracy, quality and legality of Personal Data and the means by which Customer acquired Personal Data.
Data Subject RequestAs Controller, Customer is solely responsible for fulfilling a request by Data Subject to provide the Personal Data Processed by CATS. CATS will give best effort to notify You if any requests are made to CATS to provide Personal Data.
Sub-processorsCustomer agrees that CATS may disclose Personal Data to its Sub-processors for the purposes of providing the CATS Service. Current Sub-Processors engaged by CATS are listed below.
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