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NetExam User Agreement

eCommerce Terms and Conditions

THESE TERMS AND CONDITIONS SHALL APPLY EXCEPT TO THE EXTENT YOU AND MCAFEE HAVE A MUTUALLY SIGNED CONTRACT IN EFFECT THAT COVERS THE SUBJECT TRAINING. BY CLICKING ON THE "ACCEPT" BUTTON, TAKING AN ACTION TO INDICATE ACCEPTANCE, OR ATTENDING OR USING THE TRAINING OR ITS RELATED MATERIALS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”) WITH MCAFEE. IN THE EVENT YOU ARE ACCEPTING ON BEHALF OF A CORPORATE OR OTHER PUBLIC OR PRIVATE ENTITY, YOU CERTIFY THAT YOU ARE AN AUTHORIZED REPRESENTATIVE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, CLICK THE "CANCEL" BUTTON AND DISCONTINUE THE REGISTRATION. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. NO OTHER TERMS SHALL APPLY (INCLUDING BUT NOT LIMITED TO A PURCHASE ORDER).

Scope. The scope of the training, requirements, and any materials to be provided are as set forth in the applicable McAfee Training Datasheet.

Payment. Payment is due per the payment method associated with this training. All fees are payable in US Dollars, and the student shall also pay all applicable sales, use, value-added and other taxes of any type assessed for attending the training, except for taxes based on McAfee’s income.

Travel. Travel arrangements are the student's responsibility. In the unlikely event that McAfee must cancel a course, McAfee assumes no financial liability for any cancellation fees, including non-refundable airfare, hotel and rental costs.

Course Cancellation. If a student is unable to attend the class enrolled in, please contact McAfee by emailing [email protected]. A substitute may attend in the student’s place, or the student can participate in a later session. Students will receive a full refund for canceling at least ten business days prior to the course's start date. Students canceling fewer than ten business days prior to the course start date must pay for the course and are not entitled to a refund. McAfee reserves the right to cancel a course. McAfee will notify students of course cancellation at least ten business days prior to the start of the course, and will refund tuition paid.

Students who have attended the course are not entitled to refunds. All refunds will be processed through to the original payment instrument used to enroll in the course. [SB]

Confidentiality. Students may be exposed to certain information concerning McAfee or the McAfee Products which is the confidential and proprietary information of McAfee and not generally known to the public (“Confidential Information”). Student agrees, during and after the term of this training, to not use any Confidential Information except as necessary to complete the training and for purposes authorized by McAfee, or disclose the Confidential Information to any person without the prior written consent of McAfee.

Materials. All title and intellectual property rights in and to the training and any materials provided are owned exclusively by McAfee and its partners and suppliers. Materials may not be copied or used by any other party other than the registered student, unless approved in writing by McAfee in advance. Other than as expressly set forth herein, no license or other rights in or to the training and its related materials and intellectual property rights thereto are granted, and all such licenses and rights are hereby expressly reserved. Any ideas, suggestions, modifications and the like made by student with respect to the training will be the property of McAfee regardless of whether McAfee chooses to exercise its rights to incorporate such ideas, suggestions or modifications into the training or its related materials.

Warranty; Liability. EXCEPT AS EXPRESSLY STATED HEREIN, THE TRAINING IS PROVIDED “AS IS’ AND MCAFEE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MCAFEE HEREBY SPECIFICALLY DISCLAIMS, ON BEHALF OF ITSELF AND ITS PARTNERS AND SUPPLIERS, ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MCAFEE (AND ITS SUPPLIERS OR PARTNERS) WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGE, LOSS OR EXPENSES (INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOST BUSINESS, LOST PROFITS, LOST OPPORTUNITY, OR LOST SAVINGS) HEREUNDER EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. NEITHER PARTY SHALL BE LIABLE FOR DELAYS OR FAILURE IN PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL.

Export. You will not and will not permit any third-party to export from the U.S. or allow the export or re-export of any part of the Materials or technical information contained in the training.: (i) to (or to a national or resident of) Cuba, Iran, North Korea, Sudan or Syria (to the extent the U.S. government restricts export to such countries); (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which an applicable country requires an export license or other governmental approval without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any government agency or authority. You warrant that you are not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list.


Privacy Policy:

We at McAfee, LLC, including our affiliates (“McAfee”, “we”, “us”), care deeply about privacy, security, and online safety, all of which are a significant part of our essential mission: to protect users of our products and services (“you” and “your”) from the risks of theft, disruption, and unauthorized access to their online information and activities. This Privacy Notice (“Notice”) is designed to inform you about how we collect, use, and share your personal data through our website (our “Site”), products, services, and web-based and mobile applications (collectively, the “Services”) or when you interact with us. McAfee sells products and services directly to consumers (you can find more information about those products here, “Consumer Products”), as well as to corporations and business customers (you can find more information about those products here, “Corporate Products”). This Privacy Notice applies both to the information we collect from you or your device when you download one of our Services and to the information we collect when one of our distribution partners or business customers installs our Services on your device. When you access or use our Services, you acknowledge that you have read this Notice and understand its contents. Your use of our Services and the Site and any dispute over privacy is subject to this Notice, any applicable Terms of Service (including any applicable limitations on damages and the resolution of disputes) and any applicable End User License Agreement. As McAfee grows, our business changes, and we may update this Notice at any time as we deem appropriate to reflect those changes. If there are any material changes to this Privacy Notice, we will notify you by email, in-product notification, or as otherwise required by applicable law. It is important that you check back and make sure that you have reviewed the most current version of this Notice. This Notice applies to all users of our Services across the world. If you are a resident of the European Economic Area, you have additional rights, which are explained in this Notice. What Kinds of Information Do We Collect?

In order to provide our services, we collect information. Some information you provide directly to us, some we collect automatically through our Services, and some is collected from third parties. In this Notice, “Personal Data” refers to data that could be used, alone or in combination with other data, to identify you as an individual. We collect information you provide to us. For example, we collect information when you purchase a product or service, create an account, fill out a form, participate in a contest or promotion, request customer service, or otherwise communicate with us.

The types of Personal Data you may provide includes:

  • Contact information (such as name, email address, mailing address, and phone number);
  • Payment information (including payment card numbers and associated identifiers, billing address, and bank account information); and
  • Account log-in credentials (which for some Services may include social network credentials).

We may also collect other information from or about you, such as information about what products you purchased, your interests, demographic information, photographs and videos, and biometric data such as fingerprints or voice prints. You may also provide us with additional data. We automatically collect information about your interactions with the Services as well as devices on which the Services are installed. In some cases, we automatically collect information about other devices connected to the same network as the device on which the Services are installed. For example, we may collect and use the following:

  • Information about the products you looked at or searched for and the Services you used, including time spent and other statistical information;
  • Details about your computers, devices, applications, and networks, including internet protocol (IP) address, cookie identifiers, mobile carrier, Bluetooth device IDs, mobile device ID, mobile advertising identifiers, MAC address, IMEI, Advertiser IDs, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, language preferences, battery level, on/off status, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. We may collect this information through our Services or through other methods of web analysis; and
  • Details about your internet, app, or network usage (including URLs or domain names of websites you visit, information about the applications installed on your device, or traffic data); and performance information, crash logs, and other aggregate or statistical information.

In order to provide you our Services, including to detect and evaluate malware and spam, we may scan, collect, and store data from your files, including emails, attachments, email addresses, metadata, and URLs and traffic data. We collect this information through our Services and through technologies such as cookies, web beacons or web bugs, and clear GIFs. Please see our Cookie Notice for more information about the cookies and similar technologies that we use and the choices available to you. Note on Verizon Safe Wi-Fi

The Safe Wi-Fi app is provided to you by Verizon and McAfee. If you are a Verizon customer, your relationship with Verizon is governed by the terms of your Customer Agreement, including the arbitration provision, the Verizon Privacy Policy and the Safe Wi-Fi Terms of Service. The current versions of the Customer Agreement and Safe Wi-Fi Terms of Service can be found at: www.verizonwireless.com/b2c/support/customer-agreement and https://www.verizonwireless.com/support/safe-wifi-legal/, respectively. The Safe Wi-Fi app includes McAfee’s VPN technology to provide you with secure, encrypted communications. Data you transmit through Safe Wi-Fi cannot be and is not read, collected, or analyzed by McAfee. If you are Verizon Safe Wi-Fi customer, your relationship with McAfee is governed by the McAfee License Agreement, which can be found under the License Agreement tab at https://www.mcafee.com/consumer/en-us/policy/global/legal.html?tab=license and this Privacy Notice. Information We Collect from Third Parties

We may receive information about you from other sources and combine that information with the information we collect directly. Examples of information we may receive from other sources include: updated delivery or payment information used to correct our records; purchase or redemption information; and customer support and enrollment information. For our identity protection Consumer Products, we also may collect credit or identity information which we use to help prevent and detect fraud. Location Information

Certain Services may request permission to access your location. Where you grant this permission, we will collect information about your location using GPS, wireless, or Bluetooth technology. You can control access to precise location information through your mobile device settings. We also may look up your IP address to determine your general location. How Do We Use the Information We Collect? To Help Protect You

When you install or use one of our Services, it will run in the background of your device or environment to help predict threats and better protect you, your devices, and your information. For example, McAfee may use information to:

  • Analyze data sent to/from your device(s) to isolate and identify threats, vulnerabilities, viruses, suspicious activity, spam, and attacks, and communicate with you about potential threats;
  • Encrypt your data, lockdown a device, or back-up or recover your data;
  • Check for Service updates and create performance reports on our Services, to ensure they are performing properly; and
  • Look for misuses of your data when you use our identity monitoring products.

To Run Our Business
We also use the information we collect for other business purposes, including to:

  • Analyze your behavior to measure, customize, and improve our Site and Services, including developing new products and services;
  • Advertise McAfee products and services that we think may be of interest to you;
  • Establish and manage accounts and licenses, including by collecting and processing payments and completing transactions;
  • Provide customer support, troubleshoot issues, manage subscriptions, and respond to requests, questions, and comments;
  • Communicate about, and administer participation in, special events, programs, surveys, contests, sweepstakes, and other offers and promotions;
  • Conduct market and consumer research and trend analyses;
  • Enable posting on our blogs, forums, and other public communications;
  • Perform accounting, auditing, billing, reconciliation, and collection activities;
  • Prevent, detect, identify, investigate, and respond to potential or actual claims, liabilities, prohibited behavior, and criminal activity; and
  • Comply with and enforce legal requirements, agreements, and policies.

For Advertising Purposes
We make a variety of products available to our customers at no charge. In order to keep these products free, we may use information collected through them, such as what websites you visit or the mobile applications you use, to allow McAfee and others to show you ads that are targeted to your interests. We do this by sharing an identifier assigned to your device, together with web browsing activity or application usage information, with select partners. This information does not identify you personally and we contractually prohibit the partners from using the information we provided to identify you. You can opt out of the use of your information for this purpose in the settings of the products that include this data sharing. For more information on which Services contain this feature and how to opt out, click here. Third-Party Advertising

We work with third-party advertising companies to display or deliver ads to you while you are on our Site or using some Services. These third-party advertisers may collect data about your interaction with the Site or Services or others’ sites or services to measure the effectiveness of their ads and to personalize advertising content. See our Cookie Notice to learn more about how McAfee and these advertising partners use tracking technologies like cookies and the choices available to you. If you have consented to allow our Services to access to your location, our mobile advertising partners may use your location to target advertisements to you. You may use the location settings on your device to withdraw access to information about your location. Other Uses

We may use Personal Data for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Data or with your consent. Who Do We Share Personal Data With?

Generally, we disclose the information we collect to provide the Services, to communicate with you, to advertise or promote our Services, to facilitate changes to or transfers of our business, as required by law, or with your consent. For instance, we may share the information we collect as follows:

We may share Personal Information in the following ways:

  • With current and future members of the McAfee family of companies for the purposes described in this Notice;
  • With service providers who perform services for us;
  • If we believe disclosure is necessary and appropriate to prevent physical, financial, or other harm, injury, or loss, including to protect against fraud or credit risk;
  • To legal, governmental, or judicial authorities as instructed or required by those authorities and applicable laws, or in relation to a legal activity, such as in response to a subpoena or investigation of suspected illicit or illegal activities, or where we believe in good faith that users may be engaged in illicit or illegal activities, or where we are bound by contract or law to enable a customer or business partner to comply with applicable laws;
  • In connection with, or during negotiations for, an acquisition, merger, asset sale, or other similar business transfer that involves all or substantially all of our assets or functions where Personal Data is transferred or shared as part of the business assets (provided that such party agrees to use or disclose such Personal Data consistent with this Notice or gains your consent for other uses or disclosures);
  • With your consent or at your direction, such as when you choose to share information or publicly post content and reviews (for example, social media posts); and
  • With persons of your choosing and at your discretion, should the product you are subscribed to allow that functionality.

We may also share aggregate data that does not identify you or any specific device with third parties.
Your California Privacy Rights - Shine the Light Law

McAfee does not share information that identifies you personally with non-affiliated third parties for their own marketing use without your permission. How Do We Protect Your Data?

We use administrative, organizational, technical, and physical safeguards to protect the Personal Data we collect and process. Our security controls are designed to maintain data confidentiality, integrity, and an appropriate level of availability. What Choices Do You Have About Your Personal Data?

McAfee Accounts
If you register a McAfee Consumer Product, you can access and correct the Personal Data in your profile at any time by visiting My Account or contacting us as described below. If you have not registered a McAfee product but one of our products is installed on your device, you may stop McAfee’s collection of data from your device by uninstalling that product. To close your account and for other support questions, please visit the McAfee Contact Us page and click on Support. Marketing Communications

To stop receiving marketing communications, click on the unsubscribe link in the email, or click here for Corporate marketing or here for Consumer marketing. If you choose to no longer receive marketing information, McAfee may still communicate with you regarding transactional or administrative topics, such as security updates, product functionality, and service requests. Data Retention

McAfee will keep your Personal Data for as long as you are a registered subscriber or user of our products or for as long as is reasonably necessary for business purposes related to provision of the Services, such as internal reporting and reconciliation purposes, or to provide you with feedback or information you might request. Children’s Privacy

Some of McAfee’s Services provide security features that parents may use to monitor their child’s activity online, physical location, or use of a registered device. These Services require parental consent, and we do not knowingly use the Personal Data we collect from children’s devices for any purpose except to deliver the Services. These products allow parents to delete their child’s profile at any time. If you believe we have collected information from your child in error or have questions or concerns about our practices relating to children, please contact us as described below. If you are under the age of 18, you must have your parent’s permission to access the Services. McAfee urges parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission. If you learn that your child has provided us with Personal Data without your consent, you may alert us by contacting us as described below. If we learn that we have collected any Personal Data from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information and terminate the child’s account. Residents of the European Economic Area

Data Transfers
McAfee is headquartered in the United States, and we have operations, entities, and service providers in the United States and throughout the world. As such, we and our service providers may transfer your Personal Data to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your Personal Data receives an adequate level of protection in the jurisdictions in which we process it. If you are in the European Economic Area or Switzerland, we provide adequate protection for the transfer of Personal Data to countries outside of the EEA or Switzerland through a series of intercompany agreements based on the Standard Contractual Clauses authorized under EU law. You are entitled to obtain a copy of these agreements by contacting us as described below. Access, Rectification, Erasure, and Restriction

If you register a McAfee Consumer Product, you can access and correct the Personal Data in your profile at any time by visiting My Account. If you have not registered a McAfee product but one of our products is installed on your device, you may stop McAfee’s collection of data from your device by uninstalling that product. You may request access, changes to, or removal of your Personal Data in accordance with the applicable laws by contacting us as indicated below. For some requests and where permitted by law, an administrative fee may be charged. We will advise you of any applicable fee prior to performing your request. Although McAfee makes good faith efforts to provide customers with access to their Personal Data, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, where the information would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where it is commercially proprietary. If McAfee determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Data.

For Corporate/Business Customers Only
McAfee is a data processor and only processes Personal Data in line with instructions received from its customers. McAfee will act on written instructions received from Corporate Customers to access, delete, release, correct, or block access to Personal Data held in McAfee’s products and systems. Any requests relating to access, erasure, or rectification should be made by an authorized individual using the Individual Data Request Form available at https://www.mcafee.com/enterprise/en-us/about/legal/gdpr-data-request.html. We will assist our Customers with requests from their employees in accordance with the applicable data protection laws. If you require further information about the Personal Data processed by the McAfee product you have purchased, please contact your account manager. Basis for Processing

When we process your Personal Data, we will only do so in the following situations:

  • We need to use your Personal Data to perform our responsibilities under our contract with you (e.g. processing payments for and providing the Services you purchase or request).
  • We have a legitimate interest in processing your Personal Data. For example, we have a legitimate interest in processing your Personal Data to provide, secure, and improve our Services, in communicating with you about changes to our Services, and in informing you about new services or products.

Questions or Complaints

If you are a resident of the European Economic Area and have a concern about our practices concerning the processing of Personal Data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. Links to Other Websites

Our Site and Services may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with McAfee. Linked websites may have their own privacy policies or notices, which we strongly suggest you review if you visit those websites. We are not responsible for the content, privacy practices, or use of any websites that are not affiliated with McAfee.

Contact Us

You may contact us regarding this Privacy Notice:

In the United States by calling us at +1 (888) 847-8766 or by writing to us at:

Attn: Legal Department – Privacy Office
5000 Headquarters Drive
Plano TX 75024

In the European Economic Area by calling us at +353 21 467 2000 or by writing to us at:

McAfee, Legal Department
2000 City Gate
Mahon
Cork
Ireland
T12 RRC9

You have the right to make a complaint at any time to the Data Protection Commissioner, the Irish supervisory authority for data protection issues, at https://www.dataprotection.ie/docs/Home/4.htm, or by calling +353 57 868 4800.

In Japan by emailing us or by writing to us at:

Privacy

McAfee Co. Ltd.
Shibuya Mark City West,
Dougenzaka 1-12-1,
Shibuya-ku,
Tokyo, 150-0043
Email: [email protected]

NetExam User Agreement

eCommerce Terms and Conditions

THESE TERMS AND CONDITIONS SHALL APPLY EXCEPT TO THE EXTENT YOU AND Swimlane HAVE A MUTUALLY SIGNED CONTRACT IN EFFECT THAT COVERS THE SUBJECT TRAINING. BY CLICKING ON THE "ACCEPT" BUTTON, TAKING AN ACTION TO INDICATE ACCEPTANCE, OR ATTENDING OR USING THE TRAINING OR ITS RELATED MATERIALS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”) WITH Swimlane. IN THE EVENT YOU ARE ACCEPTING ON BEHALF OF A CORPORATE OR OTHER PUBLIC OR PRIVATE ENTITY, YOU CERTIFY THAT YOU ARE AN AUTHORIZED REPRESENTATIVE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, CLICK THE "CANCEL" BUTTON AND DISCONTINUE THE REGISTRATION. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. NO OTHER TERMS SHALL APPLY (INCLUDING BUT NOT LIMITED TO A PURCHASE ORDER).

Scope. The scope of the training, requirements, and any materials to be provided are as set forth in the applicable Swimlane Training Datasheet.

Payment. Payment is due per the payment method associated with this training. All fees are payable in US Dollars, and the student shall also pay all applicable sales, use, value-added and other taxes of any type assessed for attending the training, except for taxes based on Swimlane’s income.

Travel. Travel arrangements are the student's responsibility. In the unlikely event that Swimlane must cancel a course, Swimlane assumes no financial liability for any cancellation fees, including non-refundable airfare, hotel and rental costs.

Course Cancellation. If a student is unable to attend the class enrolled in, please contact Swimlane by emailing [email protected]. A substitute may attend in the student’s place, or the student can participate in a later session. Students will receive a full refund for canceling at least ten business days prior to the course's start date. Students canceling fewer than ten business days prior to the course start date must pay for the course and are not entitled to a refund. Swimlane reserves the right to cancel a course. Swimlane will notify students of course cancellation at least ten business days prior to the start of the course, and will refund tuition paid.

Students who have attended the course are not entitled to refunds. All refunds will be processed through to the original payment instrument used to enroll in the course. [SB]

Confidentiality. Students may be exposed to certain information concerning Swimlane or the Swimlane Products which is the confidential and proprietary information of Swimlane and not generally known to the public (“Confidential Information”). Student agrees, during and after the term of this training, to not use any Confidential Information except as necessary to complete the training and for purposes authorized by Swimlane, or disclose the Confidential Information to any person without the prior written consent of Swimlane.

Materials. All title and intellectual property rights in and to the training and any materials provided are owned exclusively by Swimlane and its partners and suppliers. Materials may not be copied or used by any other party other than the registered student, unless approved in writing by Swimlane in advance. Other than as expressly set forth herein, no license or other rights in or to the training and its related materials and intellectual property rights thereto are granted, and all such licenses and rights are hereby expressly reserved. Any ideas, suggestions, modifications and the like made by student with respect to the training will be the property of Swimlane regardless of whether Swimlane chooses to exercise its rights to incorporate such ideas, suggestions or modifications into the training or its related materials.

Warranty; Liability. EXCEPT AS EXPRESSLY STATED HEREIN, THE TRAINING IS PROVIDED “AS IS’ AND Swimlane MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Swimlane HEREBY SPECIFICALLY DISCLAIMS, ON BEHALF OF ITSELF AND ITS PARTNERS AND SUPPLIERS, ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Swimlane (AND ITS SUPPLIERS OR PARTNERS) WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGE, LOSS OR EXPENSES (INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOST BUSINESS, LOST PROFITS, LOST OPPORTUNITY, OR LOST SAVINGS) HEREUNDER EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. NEITHER PARTY SHALL BE LIABLE FOR DELAYS OR FAILURE IN PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL.

Export. You will not and will not permit any third-party to export from the U.S. or allow the export or re-export of any part of the Materials or technical information contained in the training.: (i) to (or to a national or resident of) Cuba, Iran, North Korea, Sudan or Syria (to the extent the U.S. government restricts export to such countries); (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which an applicable country requires an export license or other governmental approval without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any government agency or authority. You warrant that you are not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list.


Privacy Policy:

We at Swimlane, LLC, including our affiliates (“Swimlane”, “we”, “us”), care deeply about privacy, security, and online safety, all of which are a significant part of our essential mission: to protect users of our products and services (“you” and “your”) from the risks of theft, disruption, and unauthorized access to their online information and activities. This Privacy Notice (“Notice”) is designed to inform you about how we collect, use, and share your personal data through our website (our “Site”), products, services, and web-based and mobile applications (collectively, the “Services”) or when you interact with us. Swimlane sells products and services directly to consumers (you can find more information about those products here, “Consumer Products”), as well as to corporations and business customers (you can find more information about those products here, “Corporate Products”). This Privacy Notice applies both to the information we collect from you or your device when you download one of our Services and to the information we collect when one of our distribution partners or business customers installs our Services on your device. When you access or use our Services, you acknowledge that you have read this Notice and understand its contents. Your use of our Services and the Site and any dispute over privacy is subject to this Notice, any applicable Terms of Service (including any applicable limitations on damages and the resolution of disputes) and any applicable End User License Agreement. As Swimlane grows, our business changes, and we may update this Notice at any time as we deem appropriate to reflect those changes. If there are any material changes to this Privacy Notice, we will notify you by email, in-product notification, or as otherwise required by applicable law. It is important that you check back and make sure that you have reviewed the most current version of this Notice. This Notice applies to all users of our Services across the world. If you are a resident of the European Economic Area, you have additional rights, which are explained in this Notice. What Kinds of Information Do We Collect?

In order to provide our services, we collect information. Some information you provide directly to us, some we collect automatically through our Services, and some is collected from third parties. In this Notice, “Personal Data” refers to data that could be used, alone or in combination with other data, to identify you as an individual. We collect information you provide to us. For example, we collect information when you purchase a product or service, create an account, fill out a form, participate in a contest or promotion, request customer service, or otherwise communicate with us.

The types of Personal Data you may provide includes:

  • Contact information (such as name, email address, mailing address, and phone number);
  • Payment information (including payment card numbers and associated identifiers, billing address, and bank account information); and
  • Account log-in credentials (which for some Services may include social network credentials).

We may also collect other information from or about you, such as information about what products you purchased, your interests, demographic information, photographs and videos, and biometric data such as fingerprints or voice prints. You may also provide us with additional data. We automatically collect information about your interactions with the Services as well as devices on which the Services are installed. In some cases, we automatically collect information about other devices connected to the same network as the device on which the Services are installed. For example, we may collect and use the following:

  • Information about the products you looked at or searched for and the Services you used, including time spent and other statistical information;
  • Details about your computers, devices, applications, and networks, including internet protocol (IP) address, cookie identifiers, mobile carrier, Bluetooth device IDs, mobile device ID, mobile advertising identifiers, MAC address, IMEI, Advertiser IDs, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, language preferences, battery level, on/off status, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. We may collect this information through our Services or through other methods of web analysis; and
  • Details about your internet, app, or network usage (including URLs or domain names of websites you visit, information about the applications installed on your device, or traffic data); and performance information, crash logs, and other aggregate or statistical information.

In order to provide you our Services, including to detect and evaluate malware and spam, we may scan, collect, and store data from your files, including emails, attachments, email addresses, metadata, and URLs and traffic data. We collect this information through our Services and through technologies such as cookies, web beacons or web bugs, and clear GIFs. Please see our Cookie Notice for more information about the cookies and similar technologies that we use and the choices available to you. Note on Verizon Safe Wi-Fi

The Safe Wi-Fi app is provided to you by Verizon and Swimlane. If you are a Verizon customer, your relationship with Verizon is governed by the terms of your Customer Agreement, including the arbitration provision, the Verizon Privacy Policy and the Safe Wi-Fi Terms of Service. The current versions of the Customer Agreement and Safe Wi-Fi Terms of Service can be found at: www.verizonwireless.com/b2c/support/customer-agreement and https://www.verizonwireless.com/support/safe-wifi-legal/, respectively. The Safe Wi-Fi app includes Swimlane’s VPN technology to provide you with secure, encrypted communications. Data you transmit through Safe Wi-Fi cannot be and is not read, collected, or analyzed by Swimlane. If you are Verizon Safe Wi-Fi customer, your relationship with Swimlane is governed by the Swimlane License Agreement, which can be found under the License Agreement tab at https://www.Swimlane.com/consumer/en-us/policy/global/legal.html?tab=license and this Privacy Notice. Information We Collect from Third Parties

We may receive information about you from other sources and combine that information with the information we collect directly. Examples of information we may receive from other sources include: updated delivery or payment information used to correct our records; purchase or redemption information; and customer support and enrollment information. For our identity protection Consumer Products, we also may collect credit or identity information which we use to help prevent and detect fraud. Location Information

Certain Services may request permission to access your location. Where you grant this permission, we will collect information about your location using GPS, wireless, or Bluetooth technology. You can control access to precise location information through your mobile device settings. We also may look up your IP address to determine your general location. How Do We Use the Information We Collect? To Help Protect You

When you install or use one of our Services, it will run in the background of your device or environment to help predict threats and better protect you, your devices, and your information. For example, Swimlane may use information to:

  • Analyze data sent to/from your device(s) to isolate and identify threats, vulnerabilities, viruses, suspicious activity, spam, and attacks, and communicate with you about potential threats;
  • Encrypt your data, lockdown a device, or back-up or recover your data;
  • Check for Service updates and create performance reports on our Services, to ensure they are performing properly; and
  • Look for misuses of your data when you use our identity monitoring products.

To Run Our Business
We also use the information we collect for other business purposes, including to:

  • Analyze your behavior to measure, customize, and improve our Site and Services, including developing new products and services;
  • Advertise Swimlane products and services that we think may be of interest to you;
  • Establish and manage accounts and licenses, including by collecting and processing payments and completing transactions;
  • Provide customer support, troubleshoot issues, manage subscriptions, and respond to requests, questions, and comments;
  • Communicate about, and administer participation in, special events, programs, surveys, contests, sweepstakes, and other offers and promotions;
  • Conduct market and consumer research and trend analyses;
  • Enable posting on our blogs, forums, and other public communications;
  • Perform accounting, auditing, billing, reconciliation, and collection activities;
  • Prevent, detect, identify, investigate, and respond to potential or actual claims, liabilities, prohibited behavior, and criminal activity; and
  • Comply with and enforce legal requirements, agreements, and policies.

For Advertising Purposes
We make a variety of products available to our customers at no charge. In order to keep these products free, we may use information collected through them, such as what websites you visit or the mobile applications you use, to allow Swimlane and others to show you ads that are targeted to your interests. We do this by sharing an identifier assigned to your device, together with web browsing activity or application usage information, with select partners. This information does not identify you personally and we contractually prohibit the partners from using the information we provided to identify you. You can opt out of the use of your information for this purpose in the settings of the products that include this data sharing. For more information on which Services contain this feature and how to opt out, click here. Third-Party Advertising

We work with third-party advertising companies to display or deliver ads to you while you are on our Site or using some Services. These third-party advertisers may collect data about your interaction with the Site or Services or others’ sites or services to measure the effectiveness of their ads and to personalize advertising content. See our Cookie Notice to learn more about how Swimlane and these advertising partners use tracking technologies like cookies and the choices available to you. If you have consented to allow our Services to access to your location, our mobile advertising partners may use your location to target advertisements to you. You may use the location settings on your device to withdraw access to information about your location. Other Uses

We may use Personal Data for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Data or with your consent. Who Do We Share Personal Data With?

Generally, we disclose the information we collect to provide the Services, to communicate with you, to advertise or promote our Services, to facilitate changes to or transfers of our business, as required by law, or with your consent. For instance, we may share the information we collect as follows:

We may share Personal Information in the following ways:

  • With current and future members of the Swimlane family of companies for the purposes described in this Notice;
  • With service providers who perform services for us;
  • If we believe disclosure is necessary and appropriate to prevent physical, financial, or other harm, injury, or loss, including to protect against fraud or credit risk;
  • To legal, governmental, or judicial authorities as instructed or required by those authorities and applicable laws, or in relation to a legal activity, such as in response to a subpoena or investigation of suspected illicit or illegal activities, or where we believe in good faith that users may be engaged in illicit or illegal activities, or where we are bound by contract or law to enable a customer or business partner to comply with applicable laws;
  • In connection with, or during negotiations for, an acquisition, merger, asset sale, or other similar business transfer that involves all or substantially all of our assets or functions where Personal Data is transferred or shared as part of the business assets (provided that such party agrees to use or disclose such Personal Data consistent with this Notice or gains your consent for other uses or disclosures);
  • With your consent or at your direction, such as when you choose to share information or publicly post content and reviews (for example, social media posts); and
  • With persons of your choosing and at your discretion, should the product you are subscribed to allow that functionality.

We may also share aggregate data that does not identify you or any specific device with third parties.
Your California Privacy Rights - Shine the Light Law

Swimlane does not share information that identifies you personally with non-affiliated third parties for their own marketing use without your permission. How Do We Protect Your Data?

We use administrative, organizational, technical, and physical safeguards to protect the Personal Data we collect and process. Our security controls are designed to maintain data confidentiality, integrity, and an appropriate level of availability. What Choices Do You Have About Your Personal Data?

Swimlane Accounts
If you register a Swimlane Consumer Product, you can access and correct the Personal Data in your profile at any time by visiting My Account or contacting us as described below. If you have not registered a Swimlane product but one of our products is installed on your device, you may stop Swimlane’s collection of data from your device by uninstalling that product. To close your account and for other support questions, please visit the Swimlane Contact Us page and click on Support. Marketing Communications

To stop receiving marketing communications, click on the unsubscribe link in the email, or click here for Corporate marketing or here for Consumer marketing. If you choose to no longer receive marketing information, Swimlane may still communicate with you regarding transactional or administrative topics, such as security updates, product functionality, and service requests. Data Retention

Swimlane will keep your Personal Data for as long as you are a registered subscriber or user of our products or for as long as is reasonably necessary for business purposes related to provision of the Services, such as internal reporting and reconciliation purposes, or to provide you with feedback or information you might request. Children’s Privacy

Some of Swimlane’s Services provide security features that parents may use to monitor their child’s activity online, physical location, or use of a registered device. These Services require parental consent, and we do not knowingly use the Personal Data we collect from children’s devices for any purpose except to deliver the Services. These products allow parents to delete their child’s profile at any time. If you believe we have collected information from your child in error or have questions or concerns about our practices relating to children, please contact us as described below. If you are under the age of 18, you must have your parent’s permission to access the Services. Swimlane urges parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission. If you learn that your child has provided us with Personal Data without your consent, you may alert us by contacting us as described below. If we learn that we have collected any Personal Data from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information and terminate the child’s account. Residents of the European Economic Area

Data Transfers
Swimlane is headquartered in the United States, and we have operations, entities, and service providers in the United States and throughout the world. As such, we and our service providers may transfer your Personal Data to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your Personal Data receives an adequate level of protection in the jurisdictions in which we process it. If you are in the European Economic Area or Switzerland, we provide adequate protection for the transfer of Personal Data to countries outside of the EEA or Switzerland through a series of intercompany agreements based on the Standard Contractual Clauses authorized under EU law. You are entitled to obtain a copy of these agreements by contacting us as described below. Access, Rectification, Erasure, and Restriction

If you register a Swimlane Consumer Product, you can access and correct the Personal Data in your profile at any time by visiting My Account. If you have not registered a Swimlane product but one of our products is installed on your device, you may stop Swimlane’s collection of data from your device by uninstalling that product. You may request access, changes to, or removal of your Personal Data in accordance with the applicable laws by contacting us as indicated below. For some requests and where permitted by law, an administrative fee may be charged. We will advise you of any applicable fee prior to performing your request. Although Swimlane makes good faith efforts to provide customers with access to their Personal Data, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, where the information would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where it is commercially proprietary. If Swimlane determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Data.

For Corporate/Business Customers Only
Swimlane is a data processor and only processes Personal Data in line with instructions received from its customers. Swimlane will act on written instructions received from Corporate Customers to access, delete, release, correct, or block access to Personal Data held in Swimlane’s products and systems. Any requests relating to access, erasure, or rectification should be made by an authorized individual using the Individual Data Request Form available at https://www.Swimlane.com/enterprise/en-us/about/legal/gdpr-data-request.html. We will assist our Customers with requests from their employees in accordance with the applicable data protection laws. If you require further information about the Personal Data processed by the Swimlane product you have purchased, please contact your account manager. Basis for Processing

When we process your Personal Data, we will only do so in the following situations:

  • We need to use your Personal Data to perform our responsibilities under our contract with you (e.g. processing payments for and providing the Services you purchase or request).
  • We have a legitimate interest in processing your Personal Data. For example, we have a legitimate interest in processing your Personal Data to provide, secure, and improve our Services, in communicating with you about changes to our Services, and in informing you about new services or products.

Questions or Complaints

If you are a resident of the European Economic Area and have a concern about our practices concerning the processing of Personal Data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. Links to Other Websites

Our Site and Services may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with Swimlane. Linked websites may have their own privacy policies or notices, which we strongly suggest you review if you visit those websites. We are not responsible for the content, privacy practices, or use of any websites that are not affiliated with Swimlane.

Contact Us

You may contact us regarding this Privacy Notice:

In the United States by calling us at +1 (888) 847-8766 or by writing to us at:

Attn: Legal Department – Privacy Office
5000 Headquarters Drive
Plano TX 75024

In the European Economic Area by calling us at +353 21 467 2000 or by writing to us at:

Swimlane, Legal Department
2000 City Gate
Mahon
Cork
Ireland
T12 RRC9

You have the right to make a complaint at any time to the Data Protection Commissioner, the Irish supervisory authority for data protection issues, at https://www.dataprotection.ie/docs/Home/4.htm, or by calling +353 57 868 4800.

In Japan by emailing us or by writing to us at:

Privacy

Swimlane Co. Ltd.
Shibuya Mark City West,
Dougenzaka 1-12-1,
Shibuya-ku,
Tokyo, 150-0043
Email: [email protected]

Corporate Headquarters
6220 America Center Drive
San Jose, CA 95002
USA

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