Company is a controller of the PII it processes in relation to its customers (i.e. users of the Services), vendors, service providers or partners.
YOU ARE NOT LEGALLY REQUIRED TO PROVIDE US WITH PII, HOWEVER, USE OF THE SERVICES REQUIRES THAT YOU PROVIDE PII. IF YOU CHOOSE TO WITHHOLD ANY PII REQUIRED IN RESPECT THEREOF, IT WILL NOT BE POSSIBLE FOR YOU TO USE THE SERVICES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.
“PII” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Summary: We collect personal data about the users of the Services. We also collect personal data included in publicly available sources.
We use PII to provide and improve our Services, and to meet our contractual, ethical and legal obligations.
In order to provide and operate our Services and provide services in connection therewith, we collect and process PII, including the following types of information:
In order to collect the data described herein we use temporary cookies that remain on your browser for a limited period of time. We also use persistent cookies that remain on your browser until the Company’s Services are removed, in order to manage and maintain the Services and record your use of the Services. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to and stored on your browser. Cookies do not damage your browser. Most browsers allow you to block cookies but you may not be able to use some features on the Services if you block them. You may set most browsers to notify you if you receive a cookie (this enables you to decide if you want to accept it or not). We also use third party cookies such as Google and Linkedin. We also use web beacons via the Services to collect information. Web beacons or “gifs”, are electronic images that are used in our Services or in our emails. We use Web beacons to deliver cookies, count visits and to tell if an email has been opened and acted upon.
Summary: We transfer your PII to third parties who assist us in providing the Services. We have a contract with those third parties to govern their processing on our behalf. We may also transfer PII to comply with any obligations by which we are bound or to an investor or in connection with a merger or acquisition or similar transaction.
Summary: We retain PII only for as long as necessary to meet our legal and ethical obligations, which for different types of PII will be different periods.
Last Updated: February 2, 2021
When you make use of our website, www.ionir.com (“Website”);
When you commence direct communications with us;
When you submit your resume for one of the positions offered on our Website;
When you submit your contact information for ionir’s platform demo request on our Website;
When you submit your name and e-mail to subscribe our Blog; or
When you exchange business cards with us, or provide other Personal data when attending a marketing event or trade show; and
|Personal Data We Collect||Why is the data collected and for what purposes?||Legal basis||Third Parties with whom we Share your Data||Period of Storage||Consequences of not providing the data
To enable marketing and sales communications with you
Our legitimate interests, where we have a relevant and appropriate relationship with you, or, if no such relationship exists, consent
Until you choose to unsubscribe, as soon as reasonably practicable.
|We will be unable to provide information about new and existing services, helpful advice, offers, etc.|
When you commence direct communications with us, for example through the ‘Contact Us’ tab on the Website.
Necessary to perform a contract or take steps, at your request, to enter into a contract
For as long as reasonably necessary to respond to your inquiry
|We will not be able to respond to your inquiry.|
When you send us a request for ionir platform demo on the Website.
Necessary to perform a contract or take steps, at your request, to enter into a contract.
For as long as reasonably necessary to respond to your inquiry related to the platform demo
|We will not be able to provide you with a platform demo.|
When you use our Website, we will collect and receive information collected from cookies implemented by third parties, in order to improve our Website and target you relevant with marketing campaigns on social media or by email.
If you choose to opt out, as soon as reasonably practicable, and within a maximum of 30 days.
|We will not be able to improve our Website, or provide you with content and offers which may be of interest to you.
When you choose to upload your resume, or link your LinkedIn profile, so we can get in touch with you with, regarding job offers that we find you suitable.
Necessary to perform a contract or take steps to enter into a contract with you.
Until you choose to be removed, then as soon as reasonably practicable
We will not be able to contact you in relation to your application.
In addition to the recipients described in Section 1, we may share your information as follows:
To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third-party purchaser of our business or assets, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events.
Where you have provided your consent to us using the Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).
We ensure transfers within the ionir group will be covered by an agreement entered into by members of the ionir group (an intra-group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to;
Where we transfer your Personal Data outside of ionir, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data. Some of these assurances are well recognized certification schemes like the EU – US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States; or
Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.
The following rights (which may be subject to certain exemptions or derogations), shall apply to individuals who are protected by the GDPR:
You have a right to access information held about you. Your right of access is normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
You have the right to request that we amend any Personal Data we hold that it is inaccurate or misleading.
You have the right to request the erasure of the Personal Data that relates to you. Please note that there may be circumstances in which we are required to retain your data, for example for the establishment, exercise or defense of legal claims;
The right to object to or to request restriction of the processing. However, there may be circumstances in which we are legally entitled to refuse your request;
The right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
You have the right to object to profiling;
You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority
The right to withdraw your consent. Please note that t there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations.
You also have a right to request details of the basis on which your Personal Data is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.
You can exercise your rights by contacting us at email@example.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
California Civil Code Section 1798.83 (and other, similar state statutes) permits our customers who are California residents (or residents of states with similar statutes) to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org. Please note that we are only required to respond to one request per customer each year.
Our Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about a User’s online activities over time and across third-party web sites or online services. We do allow third parties who provide us with analytics tools, as described in Section 1, to collect Personal Data about a User’s online activities when a User uses the Website.
If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Data you have publicly posted. If you wish to remove such content or Personal Data and you specify which content or Personal Data you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Data you have posted and that there may be circumstances in which the law does not require us to enable removal of content
We do not offer our products or services for use by children. If you are under 18, you may not use the Website, or provide any information to the Website without involvement of a parent or a guardian. We do not knowingly collect information from, and/or about children.
If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at email@example.com.
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “ACCEPT,” ACCESSING, DOWNLOADING INSTALLING OR OTHERWISE USING IONIR INC. (THE “COMPANY“)’S SOFTWARE SOLUTION IDENTIFIED IN THE ORDER (AS DEFINED BELOW) (THE “SOLUTION”), YOU (“YOU”) ACKNOWLEDGE AND AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT“). YOU ALSO CONFIRM AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING, DOWLOADING, INSTALLING OR OTHERWISE USING THE SOLUTION. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT CLICK “ACCEPT,” ACCESS, DOWNLOAD, INSTALL OR USE THE SOLUTION.
Company may unilaterally change or add to the terms of this Agreement at any time. In the event of a material change, Company shall notify you either by email or by means of a prominent notice on Company’s website available at: [please complete]. You should check our website periodically and review changes to this Agreement. By continuing to use the Solution following such modifications, you agree to be bound by such modifications.
1. License Grant and Restrictions.
1.1 License. Subject to the terms and conditions of this Agreement and the terms and conditions of an order signed by both parties (the “Order“), the Company hereby grants you during the applicable subscription term specified in the Order, and you accept, a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable and fully revocable license to either: (i) use the Solution during the Term internally, solely for its intended purposes and in accordance with the terms of this Agreement and with any specific use limitations specified in the Order; or to (ii) use the Solution during the Term for the sole purpose of your internal trial use and evaluation of the Solution. All rights in the Solution are expressly reserved by the Company and its licensors.
1.2 Prohibited Uses. You shall not, directly or indirectly: (i) use, modify, incorporate into or with other software, or create a derivative work of any part of the Solution; (ii) sell, resell, license (or sub-license), lease, assign, transfer, pledge, or share your rights under this Agreement with or to anyone else; (iii) copy or reproduce, distribute or publish the Solution; (iv) use or permit the Solution to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise; (v) disclose, publish or otherwise make publicly available the results of any benchmarking of the Solution, or use such results for your own competing software development activities; (vi) modify, disassemble, decompile, reverse engineer, revise or enhance the Solution or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Solution; (vii) remove or otherwise alter any of the Company’s trademarks, logos, copyrights, notices or other proprietary notices or indicia, if any, fixed or attached to the Solution; (viii) ship, transfer, or export the Solution or use the Solution in any manner that is prohibited by law, including without limitation, to sell, distribute, download or export the Solution: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Lebanon or Syria, (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals, (c) to any country to which such export or re-export is restricted or prohibited, or as to which the U.S. or Israeli government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval, or (d) otherwise in violation of any export or import restrictions, laws or regulations of the U.S. or Israel or any foreign agency or authority. You agree to the foregoing and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list; (ix) exceed any use limitations or other restrictions which are specified in the Order; (x) contest Company’s Intellectual Property Rights (as defined below) to the Company IPR (as defined below); (xi) place the Solution onto a server so that it is accessible via a public network or use the Solution for service bureau purposes; (xii) utilize the Solution including without limitation any related point of presence, servers and network, in any way which will result in the violation or circumvention of any applicable laws or regulations including, without limitation, those enforcing censorship, privacy, government authority restrictions or other; (xiii) use the Solution for any purpose other than as permitted by this Agreement; (xiv) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Solution, such as features that restrict or monitor use of the Solution; or (xv) cause or permit any third party to do any of the foregoing. You are solely responsible for acquiring and maintaining all of the hardware, software and services necessary to access and make use of the Solution, including without limitation paying all fees and other costs related to internet access, server or cloud account subscription and maintenance.
1.3 Lawful Use: You hereby declare and agree that you shall only use the Solution in a manner that complies with all applicable laws in the jurisdiction in which you use the Solution, including, but not limited to, applicable restrictions concerning the protection of privacy and intellectual property, including copyrights and any other intellectual property rights.
2. Consideration. The consideration for the license granted hereunder, will be in accordance with the payment terms, subscription and licensing plans and license metrics specified in the Order. Unless otherwise specified in the Order, (i) you will pay all amounts due under this Agreement in U.S. Dollars, and (ii) all amounts invoiced hereunder are due and payable within thirty (30) days of the date of the invoice. All amounts payable under this Agreement are exclusive of sales, use, value-added, withholding, and other taxes and duties. You shall pay all taxes and duties assessed in connection with this Agreement by any authority. If any such tax or duty has to be withheld or deducted from any payment under this Agreement, you shall gross-up the payment under this Agreement by such amount to ensure that after such withholding or deduction the Company shall receive an amount equal to the payment otherwise required. All payments not made when due shall bear interest at the rate of 1.5% per month, or at the highest interest rate allowed by law, whichever is less, from the due date until paid.
3. Confidentiality. You may have access to certain non-public or proprietary information or materials of Company whether in tangible or intangible form (“Confidential Information“). Without derogating from the foregoing, the Solution and terms of the Order shall be deemed as Confidential Information. You shall use the Confidential Information solely for the purpose of performing your obligations and/or exercising your rights under this Agreement and you shall not disclose or make available the Confidential Information to any third party, except to your employees that have a need to know such information and that are bound by obligations at least as protective as provided herein. You shall take measures at a level at least as protective as those taken to protect your own confidential information of like nature (but in no event less than a reasonable level) to protect the Confidential Information. You will promptly notify Company in writing in the event of any actual or suspected unauthorized use or disclosure of any Confidential Information.
4. Title & Ownership; Anonymous Data. The Solution and the related documentation are licensed and not sold. The Company and/or its licensors or designees are and shall retain all right, title, interest and ownership of all Intellectual Property Rights in and to the Solution and related documentation and Confidential Information as well as any modifications, improvements and derivatives thereof (“Company IPR“). “Intellectual Property Rights” means any and all right, title and interest in and to patents, inventions, discoveries, copyrights, works of authorship, trade secrets, trademarks, service marks, trade dress, technical information, data, know-how, show-how, designs, drawings, utility models, topography and semiconductor mask works, specifications, formulas, methods, techniques, processes, databases, software, code, algorithms, architecture, records, documentation, and other similar intellectual or industrial property, in any form and embodied in any media, whether capable of protection or not, whether registered or unregistered, and including all applications, registrations, renewals, extensions, continuations, divisions or reissues thereof. This Agreement does not convey to you an interest in or to the Company IPR but only a limited revocable right to use the Solution in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of the Company IPR under any law and you undertake not to contest Company’s ownership in the Company IPR. If you contact the Company with feedback data (e.g. questions, comments, ideas, suggestions or the like) regarding the Solution (collectively, “Feedback”) such Feedback shall be deemed Company IPR. Company may, at no cost, freely use such Feedback, for any purpose whatsoever and you hereby assign all right, title and interest in and to all Feedback to Company upon creation thereof.
The Company may collect, disclose, publish, store and use in any other manner any anonymous and non-identifiable information which is derived from your use of the Solution (“Anonymous Information“), in order to provide and improve the Company’s Solution and related services and for any business purposes. The Company is and shall remain the owner of the Anonymous Information which shall be deemed Company IPR.
5. Disclaimer of Warranty.
5.1 THE SOLUTION IS PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, SECURITY AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOLUTION REMAINS WITH YOU.
5.2 COMPANY DOES NOT WARRANT THAT THE SOLUTION WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ERRORS/BUGS ARE REPRODUCIBLE OR THAT ERRORS/BUGS ARE REPAIRABLE AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOLUTION IN TERMS OF THEIR CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHALL BE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF ANY USE OF OR RELIANCE UPON THE SOLUTION AND FOR VERIFYING ANY OUTPUT RESULTING FROM USE OF THE SOLUTION.
6. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE COMPANY AND/OR ITS AFFILIATES, SHAREHOLDERS, SUPPLIERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND/OR LICENSORS (COLLECTIVELY, “AFFILIATES”) SHALL NOT BE LIABLE WHETHER UNDER CONTRACT, TORT OR OTHERWISE, TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOST PROFITS OR GOODWILL, BUSINESS INTERRUPTION AND/OR LOST OR DAMAGED DATA OR DOCUMENTATION), SUFFERED BY ANY PERSON OR ENTITY, INCLUDING WITHOUT LIMITATION ARISING FROM AND/OR RELATED WITH AND/OR CONNECTED TO THE SOLUTION PROVIDED BY THE COMPANY (IF ANY) AND/OR ANY USE OF OR INABILITY TO USE THE SOLUTION PROVIDED BY THE COMPANY (IF ANY), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT SHALL THE COMPANY’S AND ITS AFFILIATES’ TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT FROM ALL CLAIMS OR CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE TOTAL PAYMENTS ACTUALLY MADE TO THE COMPANY FOR THE SOLUTION, IF ANY, DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO THE CLAIM. [Acceptable?]
7. Indemnification. You agree to defend, indemnify and hold Company and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’ and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) your use of the Solution; or (ii) any breach of this Agreement.
8. Third Party Software. The Solution may use or include third party software, files and components that are subject to open source and third party license terms available at: [please complete] (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with the Solution is subject to any applicable acknowledgements and license terms accompanying such Third Party Components contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and this Agreement, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. You hereby agree to such terms associated with the Third Party Components.
9. Audit. Company may at its expense audit your use of the Solution. Any such audit shall either be conducted by means of remote access or on-site during regular business hours at and shall not unreasonably interfere with your business activities.
10. Term and Termination. The term of this Agreement shall be as set forth in the Order and may be terminated earlier in accordance with this Section (“Term”). Company may terminate this Agreement at any time for convenience upon written notice to you within one (1) day after the date of written notice thereof. Without derogating from the foregoing, the Company may terminate this Agreement immediately without notice if you fail to comply or breach any provision of this Agreement. Upon expiration or termination of this Agreement: (i) the license granted to you in this Agreement shall expire and you, upon termination, shall discontinue all further use of the Solution; (ii) you shall promptly remove the Solution from all hard drives, networks and other storage media and destroy all copies of the Solution in your possession or under your control; (iii) any sums paid by you until the date of termination are non-refundable, and you shall not be relieved of your duty to discharge in full all due sums owed by you to the Company under this Agreement, which sums shall become immediately due and payable on the date of termination of the Agreement; and (iv) you shall, at Company’s election, erase or return to Company all Confidential Information in your possession or under your control. Sections 1.2 and 2-11 shall survive any termination of this Agreement.
12. Miscellaneous. This Agreement shall be construed and governed in accordance with the laws of the State of Delaware, USA and the competent courts of Delaware, USA shall have exclusive jurisdiction in any conflict or dispute arising out of this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement represents the complete agreement concerning the license granted herein and the subject matter hereof. To the extent any conflict arises between the terms and conditions of this Agreement and those contained in the Order, the terms and conditions contained in this Agreement shall prevail. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Company shall not be liable for any delay or failure to perform any of its obligations under this Agreement to the extent such failure is caused by circumstances beyond its reasonable control, including without limitation, acts of God, civil disturbances, earthquakes, natural disasters, epidemics, pandemics, acts or orders of government, acts of terrorism or war or other similar events. You may not assign your rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign or transfer its rights and/or obligations under this Agreement without restriction or notification.