By using the catsone.com web site (“Service”), a service of CATS Software, Inc. (“CATS”), 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.
The 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 or its content suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. CATS 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 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 and/or its licensors.
To use certain features of the Site or participate in certain activities sponsored by CATS, 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 has reasonable grounds to suspect that any user’s Registration Data is untrue, inaccurate, not current or incomplete, CATS 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.
The 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 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 to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content (in whole or part) on the Site. CATS has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. CATS 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, 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.
In 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 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 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.
The 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, including but not limited to personally identifiable information.
CATS may terminate a user’s ability to use the Site in CATS’s absolute discretion and for any reason. CATS 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’s termination of any user’s access to the Site may be effected without notice and, on such termination, CATS may immediately bar any further access to the Site. CATS 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 reserves the right to delete, or not delete a user’s Content at CATS’s sole discretion.
The Site may provide links to other websites. CATS 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.
All use of the CATS services described at the Site is subject your acceptance and compliance with the Terms of Service: (the “Terms of Service”).
CATS 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 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 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 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 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.
“CATSONE” and “CATS” are trademarks of CATS. All other marks, names, and logos mentioned on the Site are the property of their respective owners. Your use of the CATS trademarks and other marks, names and logos set forth on the Site without prior written consent is strictly prohibited.
CATS 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 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:
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, MN 55415
This policy explains our information practices, defines your privacy options and describes how your information is collected and used by us, CATS Software, Inc. (“CATS”).
This policy covers the website at http://www.catsone.com (the “Site”).
By visiting the Site, you agree to the collection and use of information in the manner described in this policy. CATS shall have right at any time and without prior notice, at its sole discretion, to revise this policy. Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. You are responsible for reviewing the Site periodically for any modification to this policy.
This policy applies to all information collected on the Site and any information you provide to CATS. You will most likely provide personal information to us when you register as a Site user, participate in certain CATS promotions or use certain CATS services (collectively the “Services”). The personal information we collect may include: user ID, password, your name, your address, your email address and your phone number. The information you submit to CATS may also include text, photographs, video, graphics, music and any other materials you might submit as part of, or in conjunction with, your use of the Site or the Services.
The Site may include access to and use of blogs or other message areas that allow users to post information to the Site. When you post messages, other site visitors can also view them. We urge you to exercise caution when providing personally identifiable financial or other information in the blogs or other message areas. Remember that any information you disclose in these areas becomes public information.
In addition to the personal information you supply, we collect certain information to evaluate how visitors, guests, and members use the Site. We collect data to make our service work better for you in the following ways: to improve the design of the Site, to provide personalization on the Site and to evaluate the performance of our marketing programs. The technologies we use to gather this non-personal information may include “IP” addresses, “cookies”, “clear gifs”, browser detection, and “weblogs”.
Our primary goal in collecting your customer information is to provide you with a personalized, relevant, and positive experience with the Site.
You can register on the Site to receive promotions and updates, or to be contacted for market research purposes. The contact information you submit will not be used for these purposes unless you specifically “opt-in”. You can control your privacy preferences regarding such marketing communications (see the section below entitled “Your Privacy Preferences”).
From time to time, you may be invited to participate in optional customer surveys or promotions, and CATS may request that you provide some or all of the above listed personal information in those surveys or promotions. We use information collected from surveys to learn about our customers in order to improve our services and develop new products and services of interest to our customers.
CATS may use IP addresses, cookies, clear gifs, browser detection, and weblogs to provide a better experience on our website and to give us useful business information.
“IP” addresses define the Internet location of computers and help us better understand the geographic distribution of our members and manage the performance of the Site. “Cookies” are tiny files placed onto the hard drive of your computer when you visit the Site, so we can immediately recognize you when you return to the site and deliver content specific to your interests. You may modify your browser preferences to accept all cookies, be notified when a cookie is set, or reject all cookies. Please consult your browser instructions for information on how to modify your choices about cookies.
We may also use a technology called “clear gifs”. Clear gifs are tiny graphics with unique identifiers that are used to track emails and online movements, helping us understand what marketing campaigns and content are effective.
We may detect the type of web browser you are using to optimize the performance of our website and to understand the mix of browsers used by our visitors, guests, and members. To learn about how people use our site, we examine weblogs, which show the paths people take through our site and how long they spend in certain areas.
Access to your data is limited to authorized CATS staff. Although total security does not exist on the Internet, CATS shall make commercially reasonable efforts to safeguard the information that you submit to CATS.
When you sign up as a registered CATS user, you may elect to have CATS provide you with marketing communications such as e-mail newsletters, product and service updates and promotions. Our customers generally find this type of information useful. If you do not want to continue to receive such communications, you can select the “unsubscribe” link at the bottom of any marketing communication email and follow the opt-out instructions.
We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, website hosting and maintenance, customer relationship management, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
You can access and maintain your personally identifiable information on your “User Information” page. To protect your privacy and security, we require a user ID and password to verify your identity before granting access or making corrections.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order or legal process. It is also possible that CATS would sell all or substantially all of its assets and business. In any transaction of this kind, customer information, including your personally identifiable information, may be among the assets that are transferred. If we decide to so transfer your personally identifiable information, you will be notified by email or by a post to the Site.
The Site may contain links to other websites. CATS is not responsible for the privacy practices of these other sites. We encourage you to be aware when you leave our site, and to read the privacy statements of each web site that collects personally identifiable information. Some linked sites may be co-branded with our trademarks and those of our business partners. They may have the look and feel of www.catsone.com, but the URL in your browser window will indicate that you are visiting a different site. This policy only applies to information collected by CATS.
Should you have privacy questions or concerns, please call us at 952-373-4010, send an email to firstname.lastname@example.org, or mail to CATS Software, Inc., 706 2nd Ave S, Suite 950, Minneapolis, MN 55402 USA.
The processing of Personal Data in a secure and transparent way is important to us at CATS. Because of this, we are committed to processing Personal Data in accordance with the EU’s General Data Protection Regulation (“GDPR”).
This Data Processing Addendum (“DPA”) amends the Terms of Service agreement between CATS Software, Inc (“CATS”) and you as a customer.
Each 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 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.
As 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.
Customer 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.
In the event that CATS becomes aware of an Incident, CATS will notify you promptly and in any event no later than seventy-two (72) hours after CATS discovers the Incident. In the event of such a Incident, CATS shall provide you with a detailed description of the Incident and the type of Personal Data concerned, unless otherwise prohibited by law or otherwise instructed by a law enforcement or supervisory authority. Following such notification, CATS will take reasonable steps to mitigate the effects of the Incident and to minimize any damage resulting from the Incident. At your request, CATS will provide reasonable assistance and cooperation with respect to any notifications that you are legally required to send to affected Data Subjects and regulators. CATS may charge a reasonable fee for such requested assistance.
Each party indemnifies the other and holds them harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the indemnified party and arising directly or indirectly out of or in connection with a breach of this DPA.
This DPA shall come into effect on May 25, 2018 and shall continue until changed or terminated.
CATS Software, Inc (“CATS”) has adopted this Privacy Shield Policy ("Policy") to establish and maintain an adequate level of personal data privacy protection. This Policy applies to the processing of personal data that CATS obtains from customers.
This Policy applies to all personal information received by CATS in the United States concerning EU customers.
In most cases, the data we receive will relate to our clients and their business activities and may include personal information about our clients’ employees, business contacts, customers and any other individuals with whom our clients have dealings. When we collect and process personal information provided to us by our clients we do so as a data processor, acting on the instructions of our clients.
CATS will renew this Privacy Shield Policy annually using the self-certification method, unless it determines that the Policy no longer needs such certification.
CATS will reasonably attempt to ensure its agents will safeguard personal information consistently with this Policy. An “agent” is any third party that collects or uses personal information in order to perform tasks on behalf of CATS. Where CATS has knowledge that an agent is using or disclosing personal information in a manner contrary to this policy, CATS will take reasonable steps to prevent or stop the use or disclosure. Under the Privacy Shield, CATS may be liable for onward transfer of personal data to third parties.
Upon request, CATS will grant individuals reasonable access to personal information that it holds about them through our clients. In addition, CATS will take reasonable steps to permit individuals to correct, amend, or delete information that is shown to be inaccurate or incomplete.
CATS is required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
CATS will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
In compliance with the Privacy Shield Principles, CATS commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CATS by emailing email@example.com.
As part of this agreement, CATS subjects itself to the investigatory and enforcement powers of the Federal Trade Commission (FTC). In addition, CATS commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the UI in the context of the employment relationship.
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
This policy may be amended from time to time, consistent with the requirements of the Privacy Shield principles. Changes to this Policy shall be posted on our website. We encourage you to review this Privacy Shield Policy from time to time for any changes. The effective date of this policy is December 5, 2017.