Effective: May 4, 2022
Introduction.
By accessing, registering for or otherwise using TandemVault.com, MediaGraph.io, any subdomains, subdirectories and any other related sites (“Sites”) and services (collectively, the “Services”) offered by The DAM Software Company, Inc (together with its subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Vault,” "MediaGraph," “we,” “us,” or “our” ), you agree to be bound by these terms and conditions (the “Terms”), even if you are using our Services on behalf of a company or organization. Your use of our Services is also subject to our Privacy Policy, which describes how we collect, use, share, and store your personal information. If you do not agree to these Terms, do not register for, access or otherwise use any of our Services.
We may change our Terms or our Privacy Policy from time to time. We’ll let you know about any material changes, either by notifying you on the Site or by sending you an email to give you the opportunity to review the changes before they become effective. We agree that changes will never apply retroactively — we’ll tell you the exact date they go into effect. If you object to any changes, you may close your account. If you keep using Vault after we publish or send a notice about our changes to these Terms, that means you accept the new Terms.
1. Account Creation & Obligations.
These Terms apply to Visitors, Members, Customers and Account Owners (collectively, “User” or “Users”). There are four ways you may access our Services:
Visitor - an unregistered user.
Member - a user who has registered for an account on the Site.
Customer - a Member who has additional capabilities to purchase licenses to assets or other material displayed on the Site as available for licensing (“Offered Content”).
Owner - the Member who has created the Subdomain or Subdirectory.
Visitors are unregistered users. To use our Services as a Visitor, you agree that:
You are at least 18 years old;
You agree to our Privacy Policy;
You will comply with all applicable laws, including, without limitation, privacy and data protection laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
You will use the Services only for the purposes for which they are made available to you by Vault or the organization on whose behalf you are accessing the Services; and
If you do not agree with the Terms or the Privacy Policy, you will not use the Services.
To use our Services as a Member, Customer, or Owner, you agree that:
You are at least 18 years old;
You agree to our Privacy Policy;
You are providing certain valid and accurate contact and personal information and will keep it updated;
You will keep your password secure and confidential and will not permit any third party to use your credentials to access the Services;
You will comply with all applicable laws, including, without limitation, privacy and data protection laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release Vault from any and all liability concerning such transactions or activity;
The Services should not be used as your sole content repository; Vault disclaims any liability for the loss or corruption of content that you deliver to Vault; you will retain copies of all content that you make available to Vault;
You will notify Vault immediately of any actual or suspected loss, theft or unauthorized use of your account or password. You should report it to DAMhelp@tandemvault.com;
You acknowledge that your account belongs to the party paying for the Services. This party has the right to control access to and get reports on your use of our Services; and
You will use the Services only for the purposes for which they are made available to you by Vault or the organization on whose behalf you are accessing the Services.
To use our Services as a Customer, in addition to the terms above that apply to Members, you further agree that:
You will not obtain Member contact information from the Site to complete transactions outside of the Site;
If you license rights to any Offered Content from the Site, you hereby authorize Vault to share with a Billing Service (such as a credit card processor, which may include companies such as PayPal, Stripe or Square) such portion of your registration information (including your credit card information) as is necessary or desirable to consummate such transaction; and
In the event that you participate in any transaction involving any Offered Content, such transaction will be subject to the terms and conditions contained in the applicable License Right Agreement for the category of rights licensed thereby, as posted on the Site at the time of such transaction.
To use our Services as an Owner, in addition to the terms above that apply to Members and Customers, you further agree that:
You agree to pay us the applicable fees and taxes specific to the paid Services you selected upon creation of your subdomain or subdirectory or, for customers who have executed a Master Services Agreement (“MSA”), the fees described in the MSA. Failure to pay these fees will result in the termination of Services. You also agree, that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates);
- We may store and continue billing your payment method (e.g., credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy;
- If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. You may contact us at [billing@tandemvault.com](mailto:billing@tandemvault.com) to cancel or suspend your Services;
- All of your purchases of Services are final, and no refunds will be offered if Services have been rendered without interruption; and
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
If you are a Member, Customer or Owner, you further agree that:
We will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. If you would like to opt-out of marketing communications, you can email DAMhelp@tandemvault.com or click “unsubscribe” on any of our marketing emails. If you opt out of marketing services, you may still receive emails related to your account, such as billing information or other information important to protecting your account;
Our Services allow you to share content in the Site with non-members. It is your responsibility to share wisely. If, when using our content sharing services, you violate any of our Terms of Service or in any way infringe on another parties’ lawful rights, Vault reserves the right to suspend or terminate your Services; and
You will ensure that any Users you allow to use the Services comply with these Terms and you accept responsibility for their activity as if it were your own.
2. Prohibited Actions.
You represent, warrant and agree that you will not use the Services to do any of the following:
Infringe or violate Vault’s or other parties’ rights (including intellectual property rights), violate any federal, state, local or international law or otherwise engage in any unlawful, deceptive or fraudulent activity;
Upload content or provide information you know is false, misleading, inaccurate or that you do not have the right to upload;
Upload any content or do anything that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
Upload, post or otherwise transmit any content which is likely to cause harm to the Services or anyone else's computer systems, including but not limited to introduction of software viruses or other computer code, files or programs designed to interrupt, limit or destroy the functionality of the Services;
Do anything that harms minors in any way, including, but not limited to, uploading content that violates the Children’s Online Privacy Protection Act (COPPA), child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
Use personal information about other User for any reason other than that for which it is provided through the Services;
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties unless explicitly authorized by the Services or with Vault’s written consent;
Disclose information that you are not authorized to disclose;
Monetize in any way the Services other than as explicitly authorized by Vault or with Vault’s written consent;
Monitor the Service’s availability, performance or functionality for any competitive purpose;
Override, modify or bypass any features or controls that secure the Services;
Attempt to damage or obtain unauthorized access to the Services or other information, whether the information belongs to Vault or another party;
Take any action that interferes with the operation of, or imposes an unreasonable load on, our infrastructure, or on our third-party providers;
Decompile, disassemble, reproduce or reverse engineer any element of the Services or create derivative works based on the Services;
Sell, resell, license, sublicense or frame the Services for use by others;
Access or scrape the Services by any automated means;
Modify the Services or their appearance or simulate the appearance or function of the Services; and/or
Violate any additional terms that are provided when you sign up for or start using any of our Services.
3. Rights & Limits
3.1 Intellectual Property Rights. - Members and Owners. As between you and Vault, you own the content and information that you upload to and store on the Site (“Posted Content”.)
3.2 Posted Content and Vault Remedies. You may choose to upload content to the Services (“Posted Content”). You are solely responsible for the content you upload whether publicly posted or privately transmitted.
We are not responsible for mistakes in your Posted Content.
You are responsible for keeping a local backup copy of all Posted Content you submit to Vault.
You and Vault agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy.
The Services provide a means for the archiving, display and sale of digital assets, information and other data. Vault has no obligation to screen or monitor such assets, information or data for any purpose. However, if Vault has reason to believe that you are violating the Terms, Vault may take any one or more of the following actions at its sole discretion:
Remove and/or delete any Posted Content that Vault believes is in violation or non-conformity with the Terms or applicable law;
Suspend and/or terminate your status as a Member, Customer, Owner and/or Third Party Service Provider with the Services; and/or
Pursue any other remedy or relief available to Vault under equity or law.
In the event that Vault elects to take any of the actions set forth above, you will have no right to receive any refund of fees or payments and Vault will have no obligation to return such asset(s) or provide you with a copy of your Posted Content. You consent to such removal and/or deletion and waive any claims you may have against Vault for such removal and/or deletion.
If you believe that content residing on the Site infringes a copyright, please see our Copyright Policy below. You may also contact us via email at DAMlegal@tandemvault.com.
3.3 Third Party Services. Vault may allow certain third parties ("Third Party Service Providers") to provide services ("Third Party Services") to you through the Services. By using the Services, you acknowledge and agree that:
Some services are provided by a Third Party Service Provider and we make no representations or warranties regarding the performance, security or privacy of such Third Party Services or their compliance with applicable laws and regulations;
We disclaim any responsibility and liability for your interactions with Third Party Service Providers.
3.4 Idea Submissions. We do not want to receive any information that is confidential or proprietary. If you send us ideas, suggestions or content of any kind, we may use those ideas, suggestions or content for any purpose without compensation or attribution to you.
4. Disclaimer & Limit of Liability.
4.1 No Warranty. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, VAULT HEREBY DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SERVICES (INCLUDING ALL CONTENT THERON) AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING VAULT DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, BE FREE OF MALWARE, BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS CAN OR WILL BE FIXED; AND VAULT IS NOT RESPONSIBLE FOR, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD PARTY CONTENT OR SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the aforementioned disclaimers related to implied warranties may not apply to you.
4.2 Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER VAULT NOR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF (OR INABILITY TO USE) THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE; DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, POSTED CONTENT OR OTHER INTANGIBLES; DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS; DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR DAMAGES RESULTING FROM MALWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, VAULT’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF 10% OF THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE PREVIOUS 12 MONTH PERIOD OR $100.00.
Some jurisdictions do not allow the foregoing limitations of liability, so the foregoing may not apply to you.
5. Indemnity.
You agree to indemnify and hold harmless Vault from and against any and all claims and losses arising from or relating to:
Your use of the Site and/or any material or Content you submit, download, post or transmit through the Site;
Your breach of these Terms or any representation, warranty or covenant made by you herein or in any agreement with Vault related to the Services;
Any transaction you participate in relating to any Posted Content;
Your violation of any applicable law, statute, ordinance, regulation or any third party rights; or
Any claim of defamation, libel or slander relating to your Posted Content.
This obligation survives indefinitely the termination and/or expiration of these Terms and/or your status as a Member, Owner or Customer.
6. Termination.
Vault reserves the right to reject, suspend, terminate or prohibit your access to and use of all or any portion of the Services at any time and for any reason, in its sole discretion. In the event of such termination, Vault's sole obligation to you will be to refund the pro rata unused portion of your subscription fee, if any, and if applicable, less any accrued and unpaid fees incurred on your account. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Vault, including without limitation all indemnification obligations contained herein. Sections 3, 4, 5, 7, 8 and 10 of these Terms shall survive termination.
If you wish to terminate your account with us, please refer to the applicable instructions:
Member: Send written notice to support@tandemvault.com and the account owner of your wish to have your member account terminated. Your request will be processed within 30 days of receipt acknowledgement. Your data cannot be retrieved after it has been removed from our Site.
Customer: Send written notice to support@tandemvault.com. Your request will be processed within 30 days of receipt acknowledgement. Your data cannot be retrieved after it has been removed from our Site.
Owner: Send written notice to support@tandemvault.com or go to your account settings and select “Cancel account” from the menu. A member of our staff will be in touch if there are any questions.
7. Governing Law & Dispute Resolution.
Any disputes arising out of or relating to these Terms or use of the Services shall be resolved in accordance with the laws of the State of California, without regard to its conflict of law rules. You hereby consent to the exclusive jurisdiction of the federal or state courts located in the County of Los Angeles for all disputes arising from or relating to these Terms or your access to or use of the Services.
8. General Terms..
8.1. Entire Agreement. These Terms and the Privacy Policy (including any additional terms that may be provided by us when you engage with certain features of the Services) are the entire and only agreements between us regarding the Services and supersede all prior agreements for the Services. For clients who have executed a MSA, these Terms shall apply unless modified by the terms contained in your MSA, in which case those terms shall control. 8.2. Notice. You agree that the only way to provide us legal notice is at the addresses provided below under “How to Contact Us.” All notices must be sent in writing and will be deemed received one day after being sent. 8.3. Waiver. No failure of Vault to enforce any of its rights under these Terms will act as a waiver of such rights. 8.4. Enforceability. If any portion of any provision of these Terms are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms shall remain in full force and effect. Headings used in these Terms are for convenience only and have no legal or contractual significance. 8.5. Assignment. Neither party’s rights or obligations hereunder (except the right to receive money) may be assigned without written consent of the other party, provided however, either party may assign all of its rights and obligations hereunder to a company that the party controls or is controlled by, or to a company that acquires substantially all of its assets, equity or business by merger or acquisition. These Terms shall be binding upon the successors and assigns, if any, of the parties. 8.6. Publicity. Unless you have notified us in writing otherwise, we reserve the right to disclose users as customers of Vault and may use your name and logo on our website and in our marketing materials. 8.7. Export Compliance. Each party shall comply with United States export control laws and regulations. You acknowledge that you will not permit use of the Services in a United States embargoed country and you are responsible for complying with any laws or regulations that govern your use of the Services. 8.8. Authority. If you are assenting to theseTerms on behalf of any third party or entity, you represent that you have the power and authority to consent to and accept these Terms on behalf of such third party or entity.
9. Copyright Infringements.
9.1 Reporting Infringements. If you believe that content residing or accessible on the Site infringes a copyright, please send a notice of copyright infringement containing the following information to DAMlegal@tandemvault.com:
Identification of the work or material being infringed;
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Vault is capable of finding and verifying its existence;
Contact information about the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address;
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law;
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner; and
The Notifying Party's physical or electronic signature.
9.2 Responding to Complaints. After notification of an alleged infringement is received, reviewed and confirmed by Vault:
Vault will remove or disable access to the allegedly infringing material.
Vault will then immediately notify the member responsible for the allegedly infringing material (the “Offending Member”) that it has removed or disabled access to the material.
9.3 Designated Agent to Receive Notification of Claimed Infringement:
The DAM Software Company, Inc. Attn: Copyright Agent 340 S Lemon Ave #2280 Walnut, CA 91789 email: DAMlegal@tandemvault.com
10. How To Contact Us:
The DAM Software Company, Inc. Attn: Copyright Agent 340 S Lemon Ave #2280 Walnut, CA 91789 email: support@tandemvault.com Phone: (805) 557-8407
Effective: December 1, 2021
Introduction.
The DAM Software Company is committed to protecting your privacy. Our Privacy Policy explains how The DAM Software Company, Inc. ("Vault," "MediaGraph," "we," "our" or "us") collects, uses, and shares information about you in connection with your use of our websites TandemVault.com and MediaGraph.io and all subdomains, subdirectories and services (collectively, the “Services”).
We use the terms “user,” “you” and “your” to mean any person using our Services, including any organization or person using our Services on behalf of a company or organization. This Privacy Policy applies to the information we may collect and receive about users from various sources, including:
Information you provide through your user account on the Services (your "Account") if you register for the Services;
Your use of the Services;
From third-party websites, services, and partners.
By using our Services, you understand and agree to the terms of this Privacy Policy as well as our Terms of Service. If you have any questions about this Privacy Policy or Vault's data collection, use, and disclosure practices, please contact us at support@tandemvault.com.
1. Collection of Information.
1.1 Information You Provide to Us. Vault collects information that you provide directly to us. For example, we collect information that you provide when you create an account, fill out a form, or otherwise communicate with us. The types of information that we may collect include:
Your name
Email address
Phone number
Company name
Company department
Payment information: When you add your financial information (such as credit card details and billing address) to your Account, that information is directed to our third-party payment processor. We do not store your financial account information; however, we have access to, and may retain, this information through our third-party payment processor.
Referrals: If you choose to use our email referral services to tell a friend about our products or services, we may ask you for your friend's name and email address. We will use that information to send your friend a one-time email inviting him or her to visit the site and review the product or service you have selected. We may use a third-party provider to administer this function, but any such third-party provider may only use the information submitted to facilitate this one-time email. Neither Vault nor any third-party provider stores this information after the email is sent.
1.2 Information We Collect Automatically When You Use Our Services. When you use our Services, we automatically collect information from you, including through use of cookies, local storage, pixel tags, web beacons and similar technologies (“Cookies”). Cookies enable you to sign into our services and help personalize and improve your online experience. Cookies contain information, including personal information that can later be read by a web server in the domain that issued the Cookie to you. The information that Cookies collect includes the date and time of your visit, your registration information, and your navigational and purchase history.
In particular, we use session cookies, which are small files placed on your device while using our Services. Session cookies are used for account authentication and security (for example, to log you into your account or authenticate your access and to grant temporary access to specific lightboxes/shares/collections/external uploads. Session cookies do not personally identify you and are typically erased from your device when you clear your browser cookies.
We also use local storage. Local storage is an industry-standard technology that allows Vault to store information locally on your device. We use local storage to improve your user experience while using our Services. For example, your current sort order on a data table is saved via local storage. None of the information stored is personally identifiable.
We also use pixel tags, also called web beacons, which are clear image (i.e., non-visible) files that may be placed on a website, in an email or newsletter, and request information from your device such as your browser type and may assist us in determining your engagement with the content of the website and emails we send, how many users have visited certain pages, or how users have otherwise engaged with our messages or newsletters.
In addition to Cookies, we use analytics providers (such as Google Analytics) which collect information from you, including the following log information:
- Internet protocol (IP) addresses
- Internet service provider (ISP)
- Browser type
- Operating system
- Date/time stamp
- Clickstream data
- Landing page
- Referring/exit pages
- Referring URL
Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Service and Google Privacy Policy.
1.3 Information We Collect From Other Sources. - Third-Party Partners. We may also receive publicly available information about you from our third-party partners (such as Zendesk, Nutshell, Adobe and PayPal) and combine it with data that we have about you. For more information about the data that we obtain from these providers, please contact us at support@tandemvault.com.
Google Drive. If you choose to integrate your Google Drive account with your Vault account (for the purposes of uploading assets from Google Drive to Tandem Vault), we will collect and store your G-Suite email and Vault will be able to do the following in your Google Drive account:
2. Use of Information.
2.1 Operating Our Services. We may use information about you for various purposes related to operating our Services, including to:
Provide, operate, and maintain our Services;
Improve and expand our Services;
Understand and analyze how you use our Services;
Develop new products, services, features, and functionality;
Process your transactions;
Find and prevent fraud; and
For compliance purposes, including enforcing our Terms of Service, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
2.2. Communicating With You. We may use information about you for various purposes related to communicating with you, including to:
Respond to your comments, questions, and requests, and provide customer service;
Communicate with you, in accordance with your account settings, for marketing and promotional purposes;
Send you technical notices, updates, security alerts and support, and administrative messages.
2.3 Legal Basis for Processing. Our legal basis for collecting and using the information described above will depend on the type of information and the specific context in which we collect it.
However, we will normally collect personal information from you only:
Where we need the personal information to perform a contract with you, including the Terms of Service;
Where the processing is in our legitimate interests and not overridden by your rights; or
Where we have your consent to do so.
We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.
In some cases, we 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 we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as the possible consequences if you do not provide your personal information).
By using the Services, you are explicitly consenting to our processing of your personal information pursuant to this Privacy Policy.
3. Sharing Your Information.
We may share the information we collect in various ways, including to the following:
Our corporate group, including with our subsidiaries and divisions, all of whom may use your information for the purposes disclosed herein.
Vendors and service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfill orders and shipments, to assist in direct marketing, analyze your interests and preferences and to conduct audits, etc. Such service providers will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
Third-party partners. We also share information about users with third-party partners (such as Nutshell) in order to receive additional publicly available information about you.
Business transfers. Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as one of the business assets of the company.
As required by law and similar disclosures. We may also share information to:
4. Additional Information.
4.1 Third Party Services and Linked Websites. We may link to websites within our Services, including those of our third-party vendors or content providers, that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.
4.2 Social Media. Vault does not employ the use of any social media directly on any of our sites, including TandemVault.com.
4.3 Security.
The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information. For instance, when you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer (SSL) technology. No method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
4.5 Data Retention. We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
4.6 Access. If you are a registered user, you may access certain information associated with your Account by logging into our Services or emailing support@tandemvault.com.
To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could:
Inhibit Vault's ability to comply with a legal obligation;
Inhibit Vault's ability to investigate, make or defend legal claims;
Result in disclosure of personal information about a third party; or
Result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to Vault or a third party.
4.7 Your Data Protection Rights Under the General Data Protection Regulation (GDPR).
If you are a resident of the EEA, you have the following data protection rights:
If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by support@tandemvault.com.
In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing support@tandemvault.com.
You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing support@tandemvault.com.
Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
Please note: We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
4.8 Choice and Personal Information Preferences. Vault respects your right to make choices about the use and disclosure of your personal information. Marketing Emails: If you do not wish to receive marketing emails, you will have the option of opting out and/or unsubscribing from our emails and mailing lists or sending an email to DAMhelp@tandemvault.com. If you choose not to receive marketing emails, please be advised that you may continue to receive transactional or account emails (e.g., purchase information and account activity statements).
Cookies: You can accept or decline cookies. Most browsers automatically accept cookies, but you can modify your browser settings to decline cookies. Please be aware that our websites are optimally designed to operate with cookies enabled in your internet browser. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies. This may negatively impact your experience of the site. If you would like to opt-out from the use of pixel gifs in our emails, please email us at support@tandemvault.com. To view Google Analytics' currently available opt-outs for the web, please visit: https://tools.google.com/dlpage/gaoptout/.
4.9 Children’s Privacy. We do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this site, including without limitation, any Interactive Areas of the site.
4.10 International Data Transfers. Vault is a global business. We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will protect that information as described in this Privacy Policy.
Privacy Shield. Personal information collected by Vault may be stored and processed in the United States or any other country in which Vault or its affiliates, subsidiaries, contractors or agents maintain facilities, and by using our Services, you consent to any such transfer of information outside of your country. Vault has been certified under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (individually and collectively, "Privacy Shield"). Vault complies with the Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, transfer and retention of personal information from European Union member countries and Switzerland. Vault has certified that it adheres to the Privacy Shield based on Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. To learn more about the Privacy Shield programs, and to view our certification pages, please visit https://www.privacyshield.gov/. If you would like to exercise any of your data protection rights (including the right to have your personal information disclosed or deleted), please contact us using the "Contact Information" below.
On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated Privacy Shield. Unless and until Privacy Shield or a successor law or regulation is approved, Vault relies on explicit informed consent for the transfer of personal data from the European Union to the United States.
4.11. DMA. If you have questions or concerns regarding this privacy policy or our Privacy Shield compliance, you should first contact Vault (using the Contact Information below). If you do not receive acknowledgement of your inquiry, or your inquiry has not been satisfactorily addressed within 45 days, you should then contact DMA by going to https://thedma.org/resources/consumer-resources/privacyshield-consumers/. DMA provides an independent third-party dispute resolution body based in the United States. DMA has committed to respond to complaints and to provide appropriate recourse at no cost to you. If neither Vault nor DMA resolves your complaint, you may have the possibility to engage in binding arbitration through the Privacy Shield Panel.
4.12. Changes to this Privacy Policy.
We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the "last updated" date at the top of the policy. If there are material changes to this statement or in how Vault will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. We encourage you to review this Privacy Policy whenever you visit one of our sites. Continued use of the Services will be deemed consent to the revised Privacy Policy.
Contact Information.
You can contact Vault by emailing support@tandemvault.com or by phone at 805-557-8407, or by postal mail at:
The DAM Software Company, Inc. Attn: Copyright Agent 340 S Lemon Ave #2280 Walnut, CA 91789 USA