By accessing, sharing links to, or using this website you confirm your acceptance of these Terms and Conditions (the “TAC”). Ingenios, Inc. (“Ingenios”) reserves, and shall have, the right to amend, remove or add to the TAC at any time. Ingenios shall make you aware of such amendments which shall be effective immediately. Your access, link to, or use of the Services (as defined below), after the effective date of the amended TAC, will constitute your acceptance of the TAC, as amended.
Ingenios provides software products and solutions developed by Ingenios for its customers (the “Services”). You acquire absolutely no rights or licenses in or to the Services other than the limited right to utilize the Services in accordance with these TAC.
As part of the Services, Ingenios may occasionally link to, or promote websites, services, content, or data from other companies or offer the user the ability to download digital files created by other companies (“Third-Party Content”). Ingenios takes rigorous steps to verify and validate the truthfulness and accuracy of the information contained in the Third-Party Content, however, the Third-Party Content is ultimately under the control and is the sole responsibility of the owners and operators of such other companies.
You agree that you shall not use the Services for any illegal purpose or in any manner not consistent with the TAC. You may not use the Services for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with these TAC. You agree to use the Services solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. Except as expressly permitted by us in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Services, except that you may download material from the Services and/or make one print copy for your own personal use, provided that you retain all copyright and other proprietary notices.
You agree to defend, indemnify and hold harmless, Ingenios and affiliates together with their respective employees, agents, directors, officers, and shareholders, from and against all the liabilities, claims, damages, and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services, any breach or alleged breach of the TAC or any infringement of the copyright, trademark, service marks, proprietary or other rights of any third parties to the extent that the liability, claims, damages and expenses are a result of negligence or willful misconduct on your part.
You acknowledge and agree that the Services and any software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Third-Party Content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You further agree not to resell or distribute any of the said protected information or Third-Party Content to any third party or to use it in any way which may cause any kind of damage to Ingenios or infringe on the property rights of owners of such protected information or Third-Party Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU FURTHER AGREE THAT INGENIOS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
INGENIOS MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (D) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INGENIOS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER PARTY HERETO, NOR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL BE LIABLE TO THE OTHER PARTY HERETO, OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR SUCH PARTY OTHERWISE WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM ANY USE OF THIS WEBSITE AND SERVICES. EXCEPT FOR FEES DUE AND OWING BY YOU FOR THE SERVICES AND THE INDEMNIFICATION IN SECTION 5, NEITHER INGENIOS NOR YOU SHALL BE LIABLE FOR DAMAGES IN EXCESS OF, AND LIABILITY SHALL BE LIMITED TO USD $1,000.
You agree that Ingenios, in its sole discretion, may terminate, change or limit all or any of the Services, or their availability to you, notice at any time and without prior notice, with or without cause. If Ingenios terminates any of the Services without cause, Ingenios shall refund on a pro-rata basis any pre-paid unused fees for such terminated Services. You agree that you may terminate the agreement for convenience at any time without prior written notice, with or without cause. If you terminate the agreement without cause, all subscription fees already paid for future periods will be forfeited. Any unpaid fees for services already performed will be payable immediately.
Ingenios respects the rights of all copyright holders and has implemented a policy that provides for the protection of the rights of copyright holders. If you believe that your work has been used in a way that constitutes copyright infringement, please provide Ingenios Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
These TAC constitutes the entire understanding and agreement and supersedes any prior or contemporaneous agreements between you and Ingenios with respect to the subject matter hereof.
The descriptive headings contained in these TAC are for convenience only and shall not affect the meaning or interpretation of these TAC.
If any provision of these TAC is invalid, such invalidity shall not in any way affect the validity and enforceability of all the other terms and conditions of the TAC.
When you visit the Ingenios Sites, Ingenios uses a number of suppliers who may place cookies, tags, pixels, and similar tracking technologies (collectively, “Cookies”) on your device, browser, or the webpage you are viewing, in order to personalize your experience (e.g., language preferences), understand usage patterns, provide, improve and secure the Ingenios Sites.
Ingenios Sites use various types of Cookies for numerous reasons, as follows:
Necessary : These cookies are necessary for the proper operation of the website and the services you use. They are automatically turned active during your first visit to our website. You can disable them at any time in the settings. However, without necessary cookies, certain basic features cannot be offered.
Functional : These cookies allow the website to store the information you enter (e.g. username, language settings, or your location) and the choices you make in order to offer you improved personalized functionality and features.
Analytical : These cookies are used to understand how visitors navigate through the website. They help provide information about the number of visitors, how much time they spend on the site, and what pages they visit, and more. This information is used for statistical purposes.
Marketing : These cookies are used to show you relevant advertising and measure its effectiveness. We may also work with our customers and partners to use your data in order to show you ads that you might be interested in.
Ingenios may also allow third-party service performance and retargeting Cookies to collect information about your activities on the web, including the Ingenios Sites and unaffiliated websites. This information is used to provide advertisements that may interest you (behavioral advertising), and to collect information to help manage the effectiveness of the advertisements and the number of website visitors. More information about these Cookies may be available on the relevant third-party’s website.
If you do not agree to certain uses of Cookies detailed above, you can change your browser settings or stop using the Ingenios Sites. If you choose to reject cookies via your browser settings, you may still use Ingenios Sites though your access to some functionality and areas may be restricted. To read more about the settings, you should visit your browser’s help menu.
You may also learn more about certain targeted ads (behavioral advertising) by visiting the Digital Advertising Alliance-US, Network Advertising Initiative, Digital Advertising Alliance-Canada, European Interactive Digital Advertising Alliance, www.aboutcookies.org, www.allaboutcookies.org/, or your device settings for our mobile app.
Ingenios collects information to provide better services to its users and to better understand the visitors to its websites and what content is of interest to them. Ingenios collects information in the following ways:
information you affirmatively choose to submit to us (such as your name, email address, company name, title, country) for the purpose of accessing various downloads, viewing specific content, subscribing to Ingenios newsletters, setting your preferences in receiving marketing from Ingenios, and its third-party partners and your communication preferences, etc. Information we have obtained about you from publicly available sources such as social media or marketing platforms. You will receive marketing communications from Ingenios if you have requested information from Ingenios or you or your employer has purchased services from Ingenios;
information Ingenios receives from your use of Ingenios websites, such as the IP address, browser type, ISP, referring/exit pages, platform type, date/time stamp, number of clicks, domain name, and country/state of all visitors to Ingenios websites;
location information when you use Ingenios websites as Ingenios may collect and process information about your location. Ingenios use various technologies and tools to determine location;
information that is considered aggregated data such as statistical or demographic data which Ingenios may use for any purpose. Aggregated data may be derived from your personal information but is not considered personal information in law as it does not directly or indirectly reveal your identity unless Ingenios combines or connects aggregated data with your personal information so that it can directly or indirectly identify you; and
Ingenios collects technical data from various third parties and public sources, such as:
search information providers
Other than as required by law, Ingenios websites do not collect any special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Ingenios will not collect any information about criminal convictions and offenses.
Ingenios will only use your personal information for the purposes for which it was collected unless it reasonably considers that it needs to use it for another reason that is compatible with the original purpose. If Ingenios needs to use your personal information for an unrelated purpose, Ingenios will notify you and explain the legal basis which allows Ingenios to do so.
Ingenios may disclose your personal information to the following categories of recipients:
to its group companies, professional advisers, third-party services providers, and partners who provide data processing services to Ingenios (for example, to support the delivery of, provide functionality on, or help to enhance the security of Ingenios websites), or who otherwise process personal information for purposes that are described in Privacy Notices or notified to you when Ingenios collects your personal information. A list of Ingenios current group companies is available upon request.
to any competent law enforcement body, regulatory, government agency, court, or other third-party where Ingenios believes disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish or defend its legal rights, or (c) to protect your vital interests or those of any other person.
to any other person with your consent to the disclosure.
If your personal information is protected by EU data protection law, Ingenios legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which Ingenios collects it.
However, Ingenios will normally collect personal information from you only (a) where it needs the personal information to perform a contract with you, (b) where the processing is in its legitimate interests and is not overridden by your rights, or (c) where it has your consent to do so. In some cases, Ingenios may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
If you have questions about or need further information concerning the legal basis on which Ingenios collects and uses your personal information, please contact Ingenios using the contact details provided under the “Contact Details” heading below.
To determine the appropriate retention period for personal information, Ingenios considers the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which Ingenios processes your personal information, and whether it can achieve those purposes through other means, and the applicable legal requirements.
Ingenios protects your personal information in the same way that it protects its other confidential information, such as storing it on secure servers that only select Ingenios personnel have access to and encrypting it to help prevent access by any unauthorized parties. Ingenios has put in place procedures to deal with any personal information breach and will notify you and any applicable regulator of a breach when legally required to do so.
As explained above, Ingenios will collect and use your personal data for marketing purposes. Your data will be stored in our CRM system. We will use your data to inform you about Ingenios products and services we think may be of your interest and send you our newsletters. For statistical purposes, we will collect information about your response to our emails and our interaction with you to make decisions on future marketing.
If your personal information is protected by EU data protection law, you have the following data protection rights which you may be able to exercise by contacting Ingenios using the contact details provided under the “Contact Details” heading below:
If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting Ingenios.
In addition, you can object to the processing of your personal information, ask Ingenios to restrict the processing of your personal information, or request the portability of your personal information by contacting Ingenios.
You have the right to opt out of marketing communications that Ingenios sends you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails Ingenios sends you or by using the relevant opt-out mechanism for non-email-based marketing.
Similarly, if Ingenios has collected and processed your personal information based on your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing Ingenios conducted prior to your withdrawal, nor will it affect the processing of your personal data conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about Ingenios collection and use of your personal information. For more information, please contact your local data protection authority.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, Ingenios may charge a reasonable fee or refuse to comply with your request if your request is clearly unfounded, repetitive, or excessive. Ingenios tries to respond to all legitimate requests within one month. Occasionally, it may take longer if your request is particularly complex or you have made a number of requests. In this case, Ingenios will notify you and keep you updated.
This version was last updated on 18 December 2021 and historic versions can be obtained by contacting Ingenios.