Terms & Conditions

1. INTRODUCTION

We, iLink Digital Inc (“Company”, “we”, “us”, “our”) are the owners of the platform namely [“Monitoring®”], (the “Platform”). The Platform facilitates users with digital services through Company’s Monitoring Agent software which collects, monitors and reports the insights from the data collected from User’s digital resources including, but not limited to its network, server, firewalls, and databases (“Services”). 

 

We respect data privacy rights and are committed to protecting personal information collected on the Platform. This privacy policy (“Privacy Policy”) sets forth how we collect, use and protect the personal information collected on the Platform. 

 

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO USE THE SERVICES, USER AGREES TO THIS PRIVACY POLICY. IF USER DOES NOT AGREE TO THIS PRIVACY POLICY, USER MAY NOT AVAIL THE SERVICES OR ACCESS THE PLATFORM. 

 

IF YOU ARE USING THE SERVICES OR ACCESSING THE PLATFORM ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO USE AND AVAIL SERVICES OR ACCESS THE PLATFORM AND TO BIND SUCH THIRD-PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND, IN SUCH AN EVENT YOUR USE OF THE SERVICES OR THE PLATFORM SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AN AUTHORITY (TO PROVIDE ANY PERSONAL INFORMATION OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN YOU SHOULD REFRAIN FROM USING THE SERVICES. 

2. PRIVACY POLICY COMPLIANCE

THIS PRIVACY POLICY IS GOVERNED BY AND IS COMPLIANT WITH THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011, WHICH IS DESIGNED TO PROTECT THE PERSONAL INFORMATION; AND APPLICABLE RULES AND REGULATIONS RELATED TO PRIVACY OF THE UNITED STATES OF AMERICA. 

 

DEFINITIONS

 

“User(s)”, “you”, “your” shall mean and include business organizsations, commercial establishments and their permitted users that avail the Services through the Platform. 

 

3. PERSONAL INFORMATION COLLECTED

This Privacy Policy applies to Personal Information collected and controlled by the Company, through the Platform about the Users, for providing the Services. For the provision of the Services, User is required to complete the registration/subscription formalities, after completion of such formalities, Company shall create an account for the User(“User Account”).During the registration process, for using the Services and for connecting with us through our Platform, User shall be required to share/upload certain Personal Information. For purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify the User, including but not limited to User’s name, physical address, mobile number, designation, and company details.

4. COOKIES AND LOG DATA

Cookies-We may use cookies and similar tracking technologies to track user traffic patterns and hold certain registration information.f you wish to not have the information these technologies collect, the Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to disable cookies altogether etc.

5. ACCURACY OF INFORMATION

User undertakes that he shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information shared with us whether of its own or any third party. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Information with the Company, obtained a written consent from such third party and the Company shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.

6. USE OF PERSONAL INFORMATION

We shall use the Personal Information in the following cases: (i) to provide User with the Services and to assist the User in the event the User needs any additional support; (ii) to maintain and manage User Account; (iii) to assist User with technical difficulties that may arise in relation to User’s use and access of the Platform; (iv) to manage our relationship with User; (v) for internal record keeping; and (vi) to comply with our legal or statutory obligations.

7. DISCLOSURES

In course of providing Services to you or access to the Platform we may share your personal Information with certain parties. Accordingly, you expressly give your free consent to us to disclose or share your Personal Information in the following cases:

Merger or Acquisition: We may transfer User’s Personal Information if we are acquired by or we acquire or merge with another company or transfer a part of our business, including the Platform, to a third party. Any third party or resultant entity that receives the User’s Personal Information pursuant to a merger, demerger, amalgamation, reconstruction, change in control or business transfer shall have the right to continue to use User’s Personal Information. In the event of such a sale or transfer, we may notify the Users.

Legal and Regulatory Authorities: We may be required to disclose User’s Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose User’s Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose User’s Personal Information to (a) law enforcement officers or others; (b) to comply with a judicial proceeding, court order, or legal process served on us or the Platform; (c) to enforce or apply this Privacy Policy or our other policies or agreements; (d) for an insolvency proceeding involving all or part of the business or asset to which the information pertains; (e) respond to claims that any Personal Information violates the rights of third-parties; (f) or protect the rights, property, or personal safety of the Company, or the general public. User agrees and acknowledges that we may not inform User prior to or after disclosures made according to this section. Notwithstanding anything mentioned hereinabove, the Company shall not be responsible for the actions or omissions of the parties (including but not limited to the entities listed above) with whom the Personal Information is shared, nor shall the Company be responsible and/or liable for any additional information User may choose to provide directly to any third party.

8. DATA RETENTION

We will retain User’s Personal Information as long as it is required to be retained for the purpose of provision of the Services, and for the duration as agreed with our customer. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

9. SECURITY

User’s Personal Information is stored on third party cloud servers. Personal Information including log data and any other data is encrypted using standard encryption mechanism. We have implemented appropriate security and technical measures to protect and safeguard Personal Information. You understand and acknowledges that the Personal Information is stored on third party cloud servers. You agree that Company shall not be responsible or liable for any performance or security issues, or vulnerabilities arising out of or related to such third party cloud servers.

User is responsible for all the actions that take place under the User Account. If User chooses to share User Account details and password or any Personal Information with third parties, the User is solely responsible for the same. If User loses control of the User Account, User may lose substantial control over its Personal Information and may be subject to legally binding actions. It is the User’s responsibility to keep User’s password confidential and secure.

10. ACCESSING AND MODIFYING PERSONAL INFORMATION

In case User needs to access, review, and/or make changes to the Personal Information except for User’s mobile number or email address (as applicable) User may do so on his their User Account. If the User modifies his/hertheir mobile number or email address, then he/shethey haves to validate the same through the process available on the Platform and intimate the Company accordingly. User may not be provided access to the Platform in the event he/shethey does not follows the process set out on the Platform. User shall keep User’s Personal Information updated to help us improve our Services. If User updates, modifies or corrects his Personal Information, we may continue to keep copies of the Personal Information prior to such update, modification or correction for uses provided for in this Privacy Policy. We shall not verify any such modifications or corrections made by the User. User shall be solely liable for such modifications or corrections.

11. LINKS TO OTHER WEBSITES

Our Platform may contain links to other websites/applications of your interest. Please note that we do not have any control over such other websites/applications, and you will be accessing these websites/applications at your own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/applications and those are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to such websites/applications.

12. LIMITATION OF LIABILITY

USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, DETAILS OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THIS PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

13. INDEMNIFICATION

User agrees to indemnify us, our subsidiaries, affiliates, officers, agents and employees (each, an “Indemnified Party”) and hold the Indemnified Party harmless from and against any claims and demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to: (i) accuracy and correctness of Personal Information that User submits or shares through the Platform and (ii) User’s and its permitted user’s violation of this Privacy Policy and applicable laws,

14. GOVERNING LAWS AND DISPUTES

This Privacy Policy shall be construed and governed in accordance with the laws of the State of Washington without giving effect to principles regarding conflict of laws. Any action or proceeding arising out of or relating to this Privacy Policy shall be brought in a state or federal court of competent subject matter jurisdiction located within King County in the State of Washington. Each party hereby waives the right to a jury trial. If either party hereto brings any action to enforce such party’s rights hereunder, the prevailing party in such action shall be entitled to recover reasonable attorneys’ fees and costs incurred in connection with such action.

15. CHANGES TO THIS POLICY

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify this Privacy Policy, we will make it available through the Platform and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change via email or through our Platform.

 

16. CONTACT US

If you have any questions or concerns or grievances regarding this Privacy Policy, you can email us at our email-address info@ilink-digital.com 

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