1        Terms of Service

 

Welcome to GDaaS.com, the website of Cloudalize, Nv., and hereinafter referred to as "Cloudalize", “we,” or “us.” This page explains the terms by which you may use our online services, website, online demos, cloud computing platform, API and any other software or services provided on or in connection with the services (collectively the “MyGDaaS Services”). By accessing or using the MyGDaaS Services, you signify that you have read, understood, and agree to be bound by these Terms of Service (the “Terms”) and to the collection and use of your information as set forth in the Cloudalize Privacy Policy, whether or not you are a registered user of the MyGDaaS Services. This Agreement applies to all visitors, users, and others who access the MyGDaaS Services.

 

1.1          Use of the MyGDaaS Services

1.1.1          You may not use the MyGDaaS Services if you are a person barred from receiving the MyGDaaS Services under the laws of Belgium or other countries, including the country in which you are a resident or from which you use the MyGDaaS Services. You affirm that you are over the age of 18, as the MyGDaaS Services are not intended for children under 18.

1.1.2          You agree that your purchases of MyGDaaS Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Cloudalize or any of its affiliates regarding future functionality or features.

 

1.2          Your Account and Use of the MyGDaaS Services

1.2.1          You must provide accurate and complete registration information any time you register to use the MyGDaaS Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Cloudalize immediately.

1.2.2          Your use of the MyGDaaS Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

1.2.3          You agree not to (a) access (or attempt to access) the administrative interface of the MyGDaaS Services by any means other than through the interface that is provided by Cloudalize in connection with the MyGDaaS Services, unless you have been specifically allowed to do so in a separate agreement with Cloudalize, or (b) engage in any activity that interferes with or disrupts the MyGDaaS Services (or the servers and networks which are connected to the Service).

1.2.4          You may use the MyGDaaS Services only to develop and run applications on the Cloudalize infrastructure. You may not access the MyGDaaS Services for the purpose of bringing an intellectual property infringement claim against Cloudalize or for the purpose of creating a product or service competitive with the MyGDaaS Services.

 

1.3          Service Policies and Privacy

1.3.1          You agree to comply with the MyGDaaS Acceptable Use Policy (the "Acceptable Use Policy") which is incorporated herein by this reference and which may be updated from time to time.

1.3.2          The MyGDaaS Services shall be subject to the privacy policy for the MyGDaaS Services available at . You agree to the use of your data in accordance with Cloudalize’s privacy policies.

1.3.3          You agree that you will protect the privacy and legal rights of the End Users of your application. You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application and to Cloudalize.

 

1.4          Fees for Use of the MyGDaaS Services

1.4.1          Subject to the Terms, some MyGDaaS Services such as online demos are provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services is available by request to info (at) cloudalize (dot) com (or via a URL as Cloudalize may provide).

1.4.2          For all purchased resources and services, we will either charge your credit card on a monthly basis or collect payment via other methods as agreed to in writing and described in a Cloudalize invoice provided to you. Late payments may bear interest at the rate of 1% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys’ fees that Cloudalize incurs in collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Cloudalize’s measurements of your use of the MyGDaaS Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Cloudalize and only in the form of credit for the MyGDaaS Services. Nothing in these Terms obligates Cloudalize to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Cloudalize may be shared by Cloudalize with companies who work on Cloudalize's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Cloudalize and servicing your account. Cloudalize may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Cloudalize shall not be liable for any use or disclosure of such information by such third parties. Cloudalize reserves the right to discontinue the provision of the MyGDaaS Services to you for any late payments.

1.4.3          For all recurring purchases, Cloudalize may change its fees and payment policies for the MyGDaaS Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. In addition, changes to the fees or payment policies may be posted on the website (or such other URL Cloudalize may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.

1.4.4          You may not access the MyGDaaS Services in a manner intended to avoid incurring fees.

 

1.5          Content on the MyGDaaS Services and Take Down Obligations

1.5.1          You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the MyGDaaS Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude the application that you distribute and run using the MyGDaaS Services and any source code written by you to be used with the MyGDaaS Services (collectively, "Applications").

1.5.2          Cloudalize reserves the right (but shall have no obligation) to remove any or all Content from the MyGDaaS Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from Cloudalize. In the event that you elect not to comply with a request from Cloudalize to take down certain Content, Cloudalize reserves the right to directly take down such Content or to disable Applications.

1.5.3          In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user's account on your Application. Cloudalize reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.

1.5.4          You agree that you are solely responsible for (and that Cloudalize has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the MyGDaaS Services and for the consequences of your actions (including any loss or damage which Cloudalize may suffer) by doing so.

1.5.5          You agree that Cloudalize has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.

 

1.6          Proprietary Rights

1.6.1          You acknowledge and agree that Cloudalize (or Cloudalize's licensors) own all legal right, title and interest in and to the MyGDaaS Services, including any intellectual property rights which subsist in the MyGDaaS Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

1.6.2          Except as provided in Section 8, Cloudalize acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the MyGDaaS Services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Cloudalize, you agree that you are responsible for protecting and enforcing those rights and that Cloudalize has no obligation to do so on your behalf.

 

1.7          License from Cloudalize and Restrictions

1.7.1          Cloudalize gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Cloudalize as part of the MyGDaaS Services as provided to you by Cloudalize. This license is for the sole purpose of enabling you to use and enjoy the benefit of the MyGDaaS Services as provided by Cloudalize, in the manner permitted by the Terms.

1.7.2          You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the MyGDaaS Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Cloudalize, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the MyGDaaS Services or any applications running on the MyGDaaS Services.

1.7.3          Open source software licenses for components of the MyGDaaS Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Cloudalize for the use of the components of the MyGDaaS Services released under an open source license.

1.7.4          Cloudalize hereby grants you a limited, non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to display the Cloudalize trademarks and/or logos ("Marks") as provided by Cloudalize marketing personnel for the sole purpose of promoting or advertising that you use the MyGDaaS Services and solely in accordance with Cloudalize’s then current Trademark Usage Guidelines, (provided together with the Marks by Cloudalize marketing personnel). You agree that all goodwill generated through your use of the Cloudalize Marks shall inure to the benefit of Cloudalize.

 

1.8          License from You

1.8.1          Cloudalize claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the MyGDaaS Services you give Cloudalize a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Cloudalize to provide you with the MyGDaaS Services. Furthermore, by distributing an Application through use of the MyGDaaS Services, you give Cloudalize a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Cloudalize to provide you with the MyGDaaS Services.

1.8.2          You may choose to or we may invite you to submit comments or ideas about the MyGDaaS Services, including without limitation about how to improve the MyGDaaS Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Cloudalize under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

1.8.3          You agree that Cloudalize, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the MyGDaaS Services.

 

1.9          Recommendations

1.9.1          Cloudalize may, and you grant us permission to, make recommendations via the MyGDaaS Services for products or services we think may be of interest to you based on your Application(s), Content, and/or use of the MyGDaaS Services. We will never make recommendations directly to your End Users.

 

1.10        Modification and Termination of the MyGDaaS Services

1.10.1        Cloudalize is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the MyGDaaS Services which Cloudalize provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the MyGDaaS Services will be effective with respect to all versions of the MyGDaaS Services; examples of changes to the form and nature of the MyGDaaS Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.

1.10.2        You may terminate these Terms at any time by canceling your account on the MyGDaaS Services. If you make this termination request in writing prior to the 7th day after the commencement of your service with Cloudalize, then you will receive a full refund of all payments made under this Agreement. If your termination request occurs after the 7th day, then you will not receive any refunds.

1.10.3        You agree that Cloudalize, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the MyGDaaS Services may be without prior notice, and you agree that Cloudalize will not be liable to you or any third party for such termination.

1.10.4        You are solely responsible for exporting your Content and Application(s) from the MyGDaaS Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).

1.10.5        Upon any termination of the MyGDaaS Services or your account these Terms will also terminate, but Sections 6.1, 11, 12, 13, 14, and 17 shall continue to be effective after these Terms are terminated.

 

1.11        Exclusion of warranties

1.11.1        Nothing in these terms, including sections 11 and 12, shall exclude or limit Cloudalize’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law.

1.11.2        You expressly understand and agree that your use of the MyGDaaS Service is at your sole risk and that the MyGDaaS Services are provided “as is” and “as available”.

1.11.3        Cloudalize, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the MyGDaaS Services, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the forgoing, Cloudalize, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the MyGDaaS Service will meet your requirements, (b) your use of the MyGDaaS Services will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the MyGDaaS Services will be accurate.

 

1.1          Limitation of liability

1.1.1          Subject to Section 11.1 above, you expressly understand and agree that Cloudalize, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

1.1.2          The limitations on Cloudalize’s liability to you in paragraph 12.1 above shall apply whether or not Cloudalize has been advised of or should have been aware of the possibility of any such losses arising.

 

1.2          Indemnification

1.2.1          You agree to hold harmless and indemnify Cloudalize, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Cloudalize and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the MyGDaaS Services, (c) your violation of applicable laws, rules or regulations in connection with the MyGDaaS Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Cloudalize will provide you with written notice of such claim, suit or action.

 

1.3          Copyright Policy

1.3.1          Since we respect artist and content owner rights, it is Cloudalize’s policy to respond to alleged infringement notices.

1.3.2          If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the MyGDaaS Service, please notify Cloudalize. For your complaint to be valid, you must provide the following information in writing:

1.3.2.1           An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

1.3.2.2           Identification of the copyrighted work that you claim has been infringed;

1.3.2.3           Identification of the material that is claimed to be infringing and where it is located on the Service;

1.3.2.4           Information reasonably sufficient to permit Cloudalize to contact you, such as your address, telephone number, and, e-mail address;

1.3.2.5           A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

1.3.2.6           A statement that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

1.3.3          In accordance with applicable law, Cloudalize has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Cloudalize may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

1.4          Other Content

1.4.1          The MyGDaaS Services may include hyperlinks to other web sites or content or resources or email content. Cloudalize may have no control over any web sites or resources which are provided by companies or persons other than Cloudalize.

1.4.2          You acknowledge and agree that Cloudalize is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

1.4.3          You acknowledge and agree that Cloudalize is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

 

1.5          Changes to the Terms

1.5.1          Cloudalize may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.

1.5.2          You understand and agree that if you use the MyGDaaS Services after the date on which the Terms have changed, Cloudalize will treat your use as acceptance of the updated Terms.

 

1.6          General Legal Terms

1.6.1          The Terms constitute the whole legal agreement between you and Cloudalize and govern your use of the MyGDaaS Services (but excluding any services which Cloudalize may provide to you under a separate written agreement), and completely replace any prior agreements between you and Cloudalize in relation to the MyGDaaS Services.

1.6.2          There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

1.6.3          You agree that Cloudalize may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the MyGDaaS Services dashboard. By providing Cloudalize your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

1.6.4          You agree that if Cloudalize does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Cloudalize has the benefit of under any applicable law), this will not be taken to be a formal waiver of Cloudalize 's rights and that those rights or remedies will still be available to Cloudalize.

1.6.5          Cloudalize shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

1.6.6          The Terms, and your relationship with Cloudalize under the Terms, shall be governed by the laws of the Kingdom of Belgium without regard to its conflict of laws provisions. You and Cloudalize agree to submit to the exclusive jurisdiction of the courts located within Ghent (Belgium) to resolve any legal matter arising from the Terms.

1.6.7          Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the MyGDaaS Services upon written notice to the assigning party.

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2         Acceptable Use Policy

 

Welcome to GDaaS.com, the website of Cloudalize, Nv., and hereinafter referred to as "Cloudalize", “we,” or “us.” Your use of the MyGDaaS Services is subject to this Acceptable Use Policy. If you are found to be in violation of our policies at any time, as determined by Cloudalize in its sole discretion, we may warn you or suspend or terminate your account. Please note that we may change our Acceptable Use Policy at any time, and pursuant to the MyGDaaS Terms of Service, it is your responsibility to keep up-to-date with and adhere to the policies posted here. All capitalized terms used herein have the meanings stated in the MyGDaaS Terms of Service, unless stated otherwise.

 

2.1          Prohibited Content

The Content displayed and/or processed through your Application or other web site utilizing the Service shall not contain any of the following types of content:

2.1.1          Content that infringes a third party's rights (e.g., copyright) according to applicable law;

2.1.2          Excessively profane content;

2.1.3          Hate-related or violent content;

2.1.4          Content advocating racial or ethnic intolerance;

2.1.5          Content intended to advocate or advance computer hacking or cracking;

2.1.6          Gambling;

2.1.7          Other illegal activity, including without limitation illegal export of controlled substances or illegal software;

2.1.8          Drug paraphernalia;

2.1.9          Phishing;

2.1.10        Malicious content;

2.1.11        Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

 

2.2          Prohibited Actions

In addition to (and/or as some examples of) the violations described in the Terms, you may not and may not allow any third party, including your End Users, if applicable, to:

2.2.1          Generate or facilitate unsolicited commercial email ("spam"). Such activity includes, but is not limited to:

2.2.1.1           sending email in violation of the Belgian Code of Economic Law or any other applicable anti-spam law;

2.2.1.2           imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;

2.2.1.3           data mining any web property (including MyGDaaS) to find email addresses or other user account information;

2.2.1.4           sending unauthorized mail via open, third-party servers;

2.2.1.5           sending emails to users who have requested to be removed from a mailing list;

2.2.1.6           selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; and

2.2.1.7           sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.

2.2.2          Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content;

2.2.3          Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;

2.2.4          Conduct or forward pyramid schemes and the like;

2.2.5          Transmit content that may be harmful to minors;

2.2.6          Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;

2.2.7          Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission;

2.2.8          Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;

2.2.9          Promote or encourage illegal activity;

2.2.10        Interfere with other users' enjoyment of the Service;

2.2.11        Sell, trade, resell or otherwise exploit the Service for any unauthorized commercial purpose;

2.2.12        Modify, adapt, translate, or reverse engineer any portion of the Service;

2.2.13        Remove any copyright, trademark or other proprietary rights notices contained in or on the Service;

2.2.14        Reformat or frame any portion of the web pages that are part of the Service's administration display;

2.2.15        Use the Service in connection with illegal peer-to-peer file sharing;

2.2.16        Display any content on the Service that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;

2.2.17        Modify the MyGDaaS logo or any other Cloudalize Marks; or

2.2.18        Use the Service, or any interfaces provided with the Service, to access any Cloudalize product or service in a manner that violates the Terms or other terms and conditions for use of such Cloudalize product or service.

 

3         Privacy Policy

 

Welcome to GDaaS.com, the website of Cloudalize, Nv., and hereinafter referred to as "Cloudalize", “we,” or “us.” Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to the MyGDaaS Services, and your choices about the collection and use of your information.

 

3.1          How we collect and use information

Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our MyGDaaS Terms of Service.

We collect the following types of information about you:

Information you provide us directly: We ask for certain information such as your username, first and last name, company name, phone number and e-mail address when you register for a MyGDaaS account, or if you correspond with us. We may also retain any messages you send through the MyGDaaS Services, and may collect information you provide in User Content you post to the MyGDaaS Services. We use this information to operate, maintain, and provide to you the features and functionality of the MyGDaaS Services.

Analytics information: We may directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the MyGDaaS Services. These tools collect information sent by your browser, including the pages you visit and other information that assists us in improving the MyGDaaS Services. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.

Cookies information: When you visit the MyGDaaS Services, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets Cloudalize help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the MyGDaaS Services (e.g., the pages you view, the links you click and other actions you take on the MyGDaaS Services), and allow us or our business partners to track your usage of the MyGDaaS Services over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the MyGDaaS Services may not function properly if the ability to accept cookies is disabled.

Log file information: Log file information is automatically reported by your browser each time you access the MyGDaaS Services. When you use our MyGDaaS Services, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the MyGDaaS Services, domain names, landing pages, pages viewed, and other such information.

Clear gifs/web beacons information: When you use the MyGDaaS Services, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the MyGDaaS Services.

Commercial and marketing communications: We use the information we collect or receive to communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you MyGDaaS Services-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the MyGDaaS Services, technical and security notices). You may not opt out of MyGDaaS Services-related e-mails.

Use of certain service type information we collect about you: We use or may use cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) to provide and monitor the effectiveness of our MyGDaaS Services; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; and (f) help you efficiently access your information after you sign in.

 

3.2          Sharing of your information

We will not rent or sell your information to third parties outside Cloudalize and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted below:

Who we may share your information with: We may share your information with third-party business partners for the purpose of providing the MyGDaaS Services to you. Those business partners will be given limited access to your information as is reasonably necessary to deliver the MyGDaaS Services, and we will require that such third parties comply with this Privacy Policy.

What happens in the event of a change of control: We may buy or sell/divest/transfer Cloudalize (including any shares in Cloudalize), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to the MyGDaaS Services may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of Cloudalize.

Instances where we are required to share your information: Cloudalize will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our MyGDaaS Terms of Service or to protect the security or integrity of our MyGDaaS Services; and/or (c) to exercise or protect the rights, property, or personal safety of Cloudalize, our Users or others.

Sharing certain service type information we collect about you: We may share certain service type information, including information obtained through tools such as cookies, log files, and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.): (i) with our third-party business partners for the purposes described in the section above on “How We Collect and Use Information.” We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

 

3.3          How we store and protect your information

Storage and Processing: Your information collected through the MyGDaaS Services may be stored and processed in Belgium, the United Kingdom or any other country in which Cloudalize or its subsidiaries, affiliates or service providers maintain facilities. Cloudalize may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the regions with laws governing data collection and use that may differ from Belgian law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to Belgium or any other country in which Cloudalize or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Keeping your information safe: Cloudalize cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the MyGDaaS Services. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Cloudalize, at all times. However, Cloudalize cannot ensure or warrant the security of any information you transmit to Cloudalize or guarantee that information on the MyGDaaS Services may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the MyGDaaS Services, such as social networks. Cloudalize is not responsible for the functionality or security measures of any third party.

Compromise of information: In the event that any information under our control is compromised as a result of a breach of security, Cloudalize will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

 

3.4          Your choices about your information

You control your account information and settings: You may update your account information and email-communication preferences at any time by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of MyGDaaS Services-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the MyGDaaS Services, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at support (at) MyGDaaS (dot) com.

Opting out of collection of your information for Tracking: Please refer to your browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Note that disabling cookies and/or other tracking tools prevents Cloudalize or its business partners from tracking your browser’s activities in relation to the MyGDaaS Services. However, doing so may disable many of the features available through the MyGDaaS Services. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at support (at) cloudalize (dot) com.

How long we keep your User Content: Following termination or deactivation of your User account, Cloudalize may retain your profile information and User Content for a commercially reasonable time for backup, archival, or audit purposes.

 

3.5          Children’s privacy

Cloudalize does not knowingly collect or solicit any information from anyone under the age of 14 or knowingly allow such persons to register as Users. The MyGDaaS Services and its content are not directed at children under the age of 14. In the event that we learn that we have collected personal information from a child under age 14, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 14, please contact us at support (at) cloudalize (dot) com.

 

3.6          Links to other web sites and services

We are not responsible for the practices employed by websites or services linked to or from the MyGDaaS Services, including the information or content contained therein. Please remember that when you use a link to go from the MyGDaaS Services to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible for and we do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the MyGDaaS Services.

 

3.7          How to contact us

If you have any questions about this Privacy Policy or the MyGDaaS Services, please contact us at support (at) cloudalize (dot) com.

 

3.8          Changes to our privacy policy

Cloudalize may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last modified’ date at the bottom of this page.

 

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