Table of Contents
1. Acceptance of Terms
2. Your Obligations and Conduct
3. Confidentiality of TekAxiom Information
4. Content Submitted to TekAxiom
5. Delivery of Email
7. Notices, Modification and Termination of Services
8. Advertisements and Promotions
9. Content Provided Via Links
10. Intellectual Property Rights
11. Disclaimer of Warranties
12. Limitation of Liability
14. General Terms
TEKAXIOM AND ITS AFFILIATES (“TekAxiom”) PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN TEKAXIOM AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER OR REQUESTING INFORMATION THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 This website (“Website”) includes without limitation: (a) Online Support and other on-line services accessible via the Website (collectively the “Services”); (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information (“Information”); and (c) content such as data, text, software, sound, graphics, video, messages, or other materials (“Content”). TekAxiom controls and operates its Website(s) from various locations and makes no representation that this Website is appropriate or available for use in all locations. TekAxiom products and services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your Employer, You represent and warrant that You are authorized to accept these Terms on Your Employer’s behalf, and that Your Employer agrees to indemnify You and TekAxiom for violations of these Terms. In addition to the Terms and unless otherwise noted, the standard TekAxiom terms and conditions in your jurisdiction govern, unless You have in effect a separate valid written purchase or license agreement with TekAxiom for that product or service, in which case that separate agreement governs, and in cases of conflict, prevails.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the “Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to TekAxiom, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
2.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to TekAxiom or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s Intellectual Property Rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. TekAxiom reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
2.3 You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be TekAxiom or someone else, or spoof TekAxiom’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
3. CONFIDENTIALITY OF TEKAXIOM INFORMATION
3.1 You may obtain direct access via the Website to certain confidential information of TekAxiom, its suppliers and/or supplier’s data contained via the Website, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with TekAxiom, its partners, its affiliates and its customers.
3.2 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or TekAxiom’s written request, You must cease use of Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from TekAxiom, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to TekAxiom adequate to afford TekAxiom the opportunity to object to the disclosure.
4. CONTENT SUBMITTED TO TEKAXIOM
4.1 TekAxiom does not claim ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in TekAxiom’s Legal and Privacy Notices, any Content You provide in connection with this Website shall be deemed to be provided on a nonconfidential basis. TekAxiom shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant TekAxiom and all other users of the Website an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among TekAxiom, its affiliates, and third-party providers of any information that You may provide on the Website.
4.2 TekAxiom and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.
5. DELIVERY OF EMAIL
TekAxiom will attempt to deliver all of the email that is addressed to Your email address on TekAxiom’s Services. However, the nature of email is such that TekAxiom cannot guarantee delivery of such email.
You agree to indemnify and hold TekAxiom and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, customers, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
TekAxiom may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. TekAxiom reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. TekAxiom may also delete, or bar access to or use of, all related Information and files. TekAxiom will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. TekAxiom may amend these Terms at any time by posting the amended terms on this Website.
8. ADVERTISEMENTS AND PROMOTIONS
TekAxiom may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than TekAxiom found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. TekAxiom is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-TekAxiom advertisers on the Website.
9. CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the Website. You acknowledge and agree that TekAxiom is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. TekAxiom will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Except as expressly authorized by TekAxiom or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software TekAxiom discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
10.2 “TekAxiom Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations TekAxiom uses in connection with its products and services. You agree to comply with the TekAxiom Trademark and Logo Usage Requirements. You may not remove or alter any TekAxiom Trademarks, or co-brand your own products or material with TekAxiom Trademarks, without TekAxiom’s prior written consent. You acknowledge TekAxiom’s rights in TekAxiom Trademarks and agree that any use of TekAxiom Trademarks by You shall inure to TekAxiom’s sole benefit. You agree not to incorporate any TekAxiom Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
10.3 TekAxiom is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact us with the related details via email at: contracts@TekAxiom.com.
10.4 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by TekAxiom on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “Used with permission”) is added to such Content; (b) the use of such Content is solely for individual and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section 10.4. Upon termination, You must immediately destroy any downloaded and/or printed Content.
11. DISCLAIMER OF WARRANTIES
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TEKAXIOM DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TEKAXIOM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
11.2 TEKAXIOM MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12. LIMITATION OF LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW, TEKAXIOM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF TEKAXIOM HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
TEKAXIOM PRIVACY NOTICE
This document was last updated January 31, 2021
We appreciate your interest in our offered services and products and our website: (www.TekAxiom.com), online portals and service platforms owned and operated by TekAxiom (collectively, our “Websites” and together with our services and products, our “Services”). Privacy protection is very important to us, and we are committed to protecting and respecting your privacy. This privacy notice sets out information about how we collect, store, transfer, use and otherwise process personal information.
A. General Provisions
1. Who we are.
TekAxiom LLC, 750 Lexington Avenue, New Yok, NY 10022, (“TekAxiom LLC”) is generally responsible for and controls the processing of your personal information collected through the Services.
However, if you retain Services directly from a local TekAxiom group company or affiliate (i.e., when you have concluded a contract with one of the local TekAxiom group companies or affiliates) or otherwise do business with that TekAxiom group company or affiliate and share personal information with that company, that company is the data controller in relation to all personal information obtained, used and otherwise processed in relation to such Services.
The expressions “TekAxiom,” “we” and “our” include TekAxiom LLC, any other TekAxiom group company and affiliate from whom you retain Services. For the contact details email: contact@TekAxiom.com.
Any Services where a TekAxiom group company or affiliate processes personal information based on a data processing agreement entered with you or your employer (or other similarly situated entity) are not covered by this privacy notice. Transfers to subsequent third parties are covered by the service agreements with our customers.
2. Global applicability and region-specific disclosures.
This privacy notice is designed to apply to our Website visitors, users of our Services and other companies and users on a global basis. Therefore, section A applies to any processing of personal information worldwide.
We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:
The processing covered by the Europe-specific privacy disclosures contained in section B include our processing of personal information (i) relating to individuals in the European Union, the UK, Switzerland, Liechtenstein, Norway and Iceland – all of which will, for the purpose of this privacy notice, be defined as “Europe” – if we either offer goods or services to such individuals or monitor their activities in Europe, or (ii) where the processing is undertaken by or on behalf of a TekAxiom group company or affiliate located in Europe. Please see below:
Legal basis based on which we collect and use your personal information.
Regularly, we use your personal information based on the following legal grounds according to the GDPR and the Data Protection Act 2018:
o Perform of our contractual services or prior to entering into a contract with you. If you order Services from TekAxiom or if you contact us to request our Services, we use your personal information to provide you with these Services.
o Justified by our legitimate interests. The usage of your personal information may also be necessary for our own business interests. For example, we may use some of your personal information to evaluate and review our business performance, create financial statements, improve our Services, provide advertising or to identify potential cyber security threats. We may use your personal information for marketing purposes, for example, to send you relevant product updates and/or share your contact information such as name, email address or phone number with reseller partners for them to directly contact, qualify and manage the customer relationship. To the extent we rely on legitimate interests to process your data for marketing purposes (for example, in the case that you have provided your email address in connection with the purchase of our services), you may object to such processing at any time via contact@TekAxiom.com to request that we remove you from our email list. If necessary, we may also use your personal information to pursue or defend ourselves against legal claims.
o Consent In some cases, we may ask you to grant us separate consent to use your personal information.
o Compliance with legal obligations. We are obligated to retain certain personal information because of legal requirements, for example, tax or commercial laws, or we may be required by law enforcement to provide personal information on request.
We do not use your personal information for automated individual decision-making.
Additional information on international data transfers.
We may transfer personal information about you outside Europe and when we do so, we rely on appropriate or suitable safeguards recognized under applicable law in Europe, including adequacy decisions, Standard Contractual Clauses that have been adopted by the European Commission and provide appropriate guarantees for the transfer of personal information.
o External transfers.
We may transfer personal information about you to countries that the European Commission has deemed to adequately safeguard personal information. We may also use Standard Contractual Clauses when transferring personal information from a country in Europe to a country outside Europe that has not been deemed to adequately safeguard personal information. The same applies to data transfers from the European Economic Area or Switzerland to the UK as well as data transfers from the UK to other countries that are not recognized by the UK to adequately safeguard personal information. If you would like to obtain further information, please contact us at contact@TekAxiom.com
How long do we keep your personal information?
We will store personal information for as long as necessary to fulfil the purposes for which we collect the personal information, and in accordance with our legal obligations and legitimate business interests. Additionally, personal information processed by TekAxiom as a data processor will be removed in accordance with the instructions of the applicable data controller.
If you signed up for our promotional emails, we will delete the respective personal information if you unsubscribe from receiving our promotional emails. However, we will store your email address in a ‘do not contact’ list to ensure that you will not receive any further communication.
Additional Europe-specific information on children’s privacy.
From children under the age of 16 residing in Europe, we will not process any personal information on the ground of a consent.
Subject to the applicable law in your jurisdiction, you have the following rights in respect to your personal information that we hold:
o Right of access. The right to obtain access to your personal information.
o Right to rectification. The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete.
o Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed.
o Right to restriction. The right to obtain restriction of the processing undertaken by us on your personal information in certain circumstances, such as, where the accuracy of the personal information is contested by you, for a period of time enabling us to verify the accuracy of that personal information.
o Right to portability. The right to portability allows you to move, copy or transfer personal information easily from one organization to another.
o Right to object. You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. You can object to marketing activities for any reason whatsoever.
If you wish to exercise one of these rights, please contact us by using contact@TekAxiom.com In addition to the foregoing listed rights, you also have the right to lodge a complaint with your local data protection authority. However, we encourage you to first reach out to us by using the contact email so that you have an opportunity to address your concerns directly and find a solution together before you do lodge a complaint.
Scope of notice. These Additional California specific disclosures (the “CA Notice”) supplements the information contained in the privacy notice above and applies solely to individual residents of the State of California (“consumers” or “you”). This CA Notice provides additional information about how we collect, use, disclose and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”). Unless otherwise expressly stated, all terms in this CA Notice have the same meaning as defined in our privacy notice above or as otherwise defined in the CCPA.
General remarks on personal information disclosures. When we use the term “personal information” in this CA Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household.
For the purposes of this CA Notice, the term personal information does not include:
o Publicly available information from government records.
o De-identified or aggregated information that is maintained in a form that is not capable of being associated with or linked to you.
o Information excluded from the CCPA’s scope, such as:
Information reflecting a communication or a transaction between us and a representative of another legal entity in the context of conducting due diligence regarding, or providing or receiving, a product or service to or from that legal entity.
Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
o Information relating to our job applicants, employees, contractors and other personnel.
Information on data processing rendered by us on behalf of customers. Where a TekAxiom group company processes personal information based on a data processing agreement entered with you or your employer (or other similarly situated entity), the respective TekAxiom group company is not the “business” that determines the purposes and means of the processing of consumers’ personal information, but a “service provider” within the meaning of the CCPA.
The use of personal information provided to us as a service provider by our customers for the purpose of processing on their behalf shall be limited to the purpose of providing the Service for which the customer has engaged TekAxiom (data processing on behalf of customer).
TekAxiom acknowledges that you have the right to access your personal information. TekAxiom has no direct relationship with the individuals whose personal information it processes on behalf of its customers. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to TekAxiom’s customer (the business). If requested by our customer to remove data we are processing on their behalf and at their direction, we will respond within a reasonable timeframe. We may transfer personal information to companies that help us provide our Services. Transfers to subsequent third parties are covered by the service agreements with our customers.
Collection and use of personal information. In the last 12 months, we have collected the following categories of personal information from the following sources of personal information for the following purposes:
*Note about “Sales”: TekAxiom does not “sell” personal information as most people would typically understand that term. However, we do allow certain third-party advertising partners to collect information about consumers through our Services for purposes of serving ads that are more relevant, for ad campaign measurement and analytics and for ad fraud detection and reporting. To the extent these practices qualify as “sales” under the CCPA, you may have the right to opt out as described below:
California-specific rights. As a California resident, you may be able to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):
o Right of access. The right to access and obtain a copy of the personal information we have collected about you in the last 12 months.
o Right to knowledge: The right to request the following information from the last 12 months relating to the personal information we have collected about you:
The categories and specific pieces of personal information we have collected about you;
The categories of sources of the personal information;
The purposes for collecting the personal information;
The categories of third parties with whom we share the personal information; and
The categories of personal information we have disclosed for a business purpose and the categories of recipients.
o Right to deletion. The right to request the deletion or erasure of personal information we have collected about you.
o Right to opt out. The right to direct us not to sell personal information we have collected about you to third parties now or in the future.
o Right to opt in. If you are under the age of 16: The right to authorize us, or have your parent or guardian authorize us, to sell personal information about you.
o Non-discrimination. The right to be free from discrimination for exercising any of the rights described above. Please note, however, that if the exercise of the rights described above limits our ability to process personal information (such as in the case of a deletion request), we may not be able to provide our services and offerings to individuals who exercise these rights, or to otherwise engage with such individuals going forward.
How to exercise your California-specific rights. To exercise your right to know or right to deletion. To exercise your right to know and/or right to deletion, please submit a request by:
Emailing Contact@TelAxopm.com with the subject line “California Rights Request,”; or
Filling out our California Resident Rights Request Form.
Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally require you to (1) log into your account if you have one, or (2) require you to provide sufficient information to enable us to identify the information we maintain about you in our systems. This process may require us to request additional personal information from you, including, but not limited to your name, email, address, and/or date of last interaction with customer service. We will only use personal information provided in connection with a Consumer Rights Request to review and comply with the request. In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your personal information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
Authorized Agents. In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth in this CA Notice where we can verify the authorized agent’s authority to act on your behalf by:
For requests to know or delete personal information:
receiving a power of attorney valid under the laws of California from you or your authorized agent; or
receiving sufficient evidence to show that you have:
provided the authorized agent signed permission to act on your behalf;
verified your own identity directly with us pursuant to the instructions set forth in these Disclosures; and
directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.
For requests to opt-out of personal information “sales”: receiving a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.
o To exercise your right to opt out of personal information sales
As noted above, we do not “sell” personal information as most people would typically understand that term. However, as is common practice among companies that operate online, we permit third party advertising networks, social media companies and other third party businesses to collect and disclose your personal information (including Internet/Network Information, Commercial Information, and Inferences) directly from your browser or device through cookies or tracking technologies when you visit or interact with our websites or engage with us online. These third parties use this information for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting and they may sell that information to other businesses for advertising and other purposes. By visiting www.privacyrights.info or https://optout.privacyrights.info/, you can opt out from sales of this type of personal information by businesses that participate in the opt out tool. To make opt-out requests related to mobile apps on your device for businesses participating in the DAA’s CCPA App-based Opt-Out Tool, you can download the appropriate app at www.youradchoices.com/appchoices.
Minors under age 16. We do not sell the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the “Right to Opt In”) from either the minor who is between 13 and 16 years of age or the parent or guardian of a minor less than 13 years of age. Please contact us at Contact@TekAxiom.com to inform us if you or your minor child are under the age of 16.
Additional information. Updates to This CA Notice
We will update this CA Notice from time to time. When we make changes to this CA Notice, we will change the “Last Updated” date at the beginning of this CA Notice. All changes shall be effective from the date of publication unless otherwise provided in the notification.
What is personal information? When we use the term “personal information” in this privacy notice, we mean information that identifies, relates to, describes, is capable of being associated with or could reasonably be linked, directly or indirectly, to you. It does not include aggregated information that is maintained in a form that is not capable of being associated with or reasonably linked to you.
What personal information do we collect? In the context of rendering our Services, we may collect personal information about you. This personal information regularly includes the following:
o If you order any Service from us or ask for a quote (via our Websites or via phone, email or letter): This in particular includes: Your name, company name, company address, billing contact, billing address, company email address, company phone number, job title, job function, industry, price and Service information and customer ID. If you render services as our customers, we may in particular also process the following personal information: Log-in ID, password, employee ID, employment status, manager, your corporate unit and cost center, account name, IP address, computer and device information (such as MAC address, computer/device name, host name, calculated user, hardware dongleID, UUID and FQDN). But we also may process information we need to contact you or otherwise communicate with you, information for order fulfilment and delivery of requested materials or services as well as maintenance and training associated with our Services, information to manage your account, information to enable the download or usage of Services, information on defects or erroneous Services, your feedback and complaints, quotes we offer you and information for invoicing and payment follow-up.
o If you register on our Websites: Name, company name, company address, company email address, company phone number, job title, job function, industry and your interest(s) in TekAxiom and/or its Services.
o If you post on our blogs or forums: You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Websites, such as forums or blogs, for example, collectively, “User Contributions“. We may collect any of your User Contributions, your username, your name, company name, company email address as well as your IP address. Please note that we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed or processed by other persons.
o If you contact us (via our Websites or via phone, email or letter), e.g., for a support request: Name, company name, company address, company email address, company phone number and information on our communication with you, your interest(s) in TekAxiom and/or its Services and any additional information you provide us with.
o If you merely use our Websites: IP address, browser data, device type, Uniform Resource Locators (URL), operating system, site preferences and information on your usage of our Websites.
o If you participate in our events, such as webinars, and trade events, or if you download our white papers: Name, company name, email address, phone number, address, position/job title, job function, job level and any information on the event or download.
o If you are in our email marketing campaigns: Name, company name, email address, phone number, address, position/job title, job function, information about whether you are already a customer, marketing campaign information such as the newsletter option you have selected and your reaction to our marketing and your interest in our products.
How do we collect your personal information? The personal information is collected in many ways and may include:
o Personal information you provide to us. Most of the personal information we receive comes to us voluntarily from our users in the course of using our Services, communicating with us in the procurement of or in the process of requesting our Services, registering to attend a seminar or participate in a survey, interacting with us at trade shows or conventions or other industry events or asking to be included in an email or other communication list, or other product promotions. You are free to choose which personal information you want to provide to us or whether you want to provide us with any personal information at all. However, some personal information, such as your name, address, payment information and information on your requested Services may be necessary for the performance of our contractual obligations. Without providing this personal information, you will not be able to order certain Services or enter into a contract with us.
o Personal information we receive from others. We may receive personal information about users from publicly available databases or third parties from whom we have purchased data, third parties such as social media sites, law enforcement agencies, providers of denied party screening and marketing consultants and partners. We may also receive personal information, such as contact details, including name, position, phone or email address from our partners and customers.
Why we collect and use your personal information? The reasons for using your personal information may differ depending on the purpose of the collection. Regularly, we use your personal information for the following purposes:
o Providing our Services. If you order Services from TekAxiom or if you contact us to request our Services, we use your personal information to provide you with these Services.
o Pursue our business interests. The usage of your personal information may also be necessary for our own business interests. For example, we may use some of your personal information to evaluate and review our business performance, create financial statements, improve our Services, provide advertising or to identify potential cyber security threats. We may use your personal information for marketing purposes, for example, to send you relevant product updates and/or share your contact information such as name, email address or phone number with reseller partners for them to directly contact, qualify and manage the customer relationship. In the case that a reseller partner uses your contact details for own marketing purposes, we or the reseller will do so only if you have granted a respective separate consent. If necessary, we may also use your personal information to pursue or defend ourselves against legal claims.
o Purpose for which consent has been provided. In some cases, we may ask you to grant us separate consent to use your personal information.
We often work on the basis of consent in relation to sales and marketing campaigns. For example, if you sign up to our email newsletter, you allow us to send marketing communication to you, or when our marketing partners provide us with your email address, we will process your data to the extent covered by your consent. If you have granted us consent to use your information, we will use it only for the purposes for which you have granted your consent. You are free to deny your consent and the denial will have no negative consequences for you. You are also free to withdraw your consent at any time with effect for the future.
o Comply with legal obligations. We are obligated to retain certain information because of legal requirements, for example, tax or commercial laws, or we may be required by law enforcement to provide personal information on request.
With whom do we share your personal information? As required in accordance with how we use it, we will share your personal information with the following third parties:
o TekAxiom group companies and affiliates. To support our sales and marketing efforts, as well as in the performance of the Services, your personal information may be disclosed to TekAxiom group companies or affiliates.
o Service providers and advisors. We may use third party vendors and other service providers to perform services on our behalf. Such services may include marketing campaign services, providing mailing or email services, tax and accounting services, product fulfilment, payment processing, conducting surveys or contests, performing customer service, performing data enhancement services, performing fraud prevention services, performing web hosting services or providing analytic services. Any such service providers will by appropriate data processing agreements be bound to only process the data on TekAxiom’s behalf and under its instructions, unless such service providers act as their own controllers (e.g., in the case we seek advice from lawyers and tax consultants).
o Promotional partners. Third parties with whom we partner to provide promotional activities, which will be identified by name in the context of these activities. We may, for example, share contact details with reseller partners.
o Purchasers and third parties in connection with a business transaction. Third parties in connection with a TekAxiom-related transaction, such as a merger, sale of TekAxiom assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business, or in the event of a bankruptcy or similar proceedings.
o Law enforcement, regulators, and other parties for legal reasons. Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our legal claims or to protect the security or integrity of our Services; and/or (c) to exercise or protect the rights, property or personal safety of TekAxiom employees, our visitors or others.
o The public, when posted in certain public spaces. Remember, our Websites allow you to connect and interact with others. Your profile information or information that you post in a forum or on a blog, including personal information, will be available publicly to other members of the Websites by default when you create a profile, post in a blog or forum or interact with others on the Websites in public groups and post content to public spaces.
o Otherwise with consent. We may disclose an individual’s personal information to certain other third parties with that individual’s consent.
How do we safeguard your personal information when there is an international transfer? As TekAxiom LLC is located in the USA, any information you provide will be processed and stored in the USA. Furthermore, some other TekAxiom group companies or affiliates who may process your personal information depending on the Services you are using are also located outside the USA. Our TekAxiom group companies or affiliates are, for example, located in Mexico.
This may mean that your personal information will be stored in a jurisdiction that offers a level of protection that may, in certain instances, be less protective of your personal information than the jurisdiction you are typically a resident in.
o How do these Tracking Technologies work? Cookies are pieces of code that allow for personalization of the Services experience by saving your personal information such as user ID and other preferences. A cookie is a small data file that we transfer to your device’s hard disk (such as your computer or smartphone) for record-keeping purposes. Cookies store certain settings and data for exchange with our system via your browser. A cookie usually contains the name of the domain from which the cookie has been placed, as well as information about the age of the cookie and a random alphanumeric identifier, the so-called cookie-ID. They help to recognize the device and make any pre-settings immediately available. Web beacons are small graphical images that may be included on our Sites and typically work in conjunction with cookies to identify our users and user behavior. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your computer or device from our web server or a third-party service provider, is active only while you are connected to the Site and is deactivated or deleted thereafter. Flash cookies are pieces of data that websites which use Adobe Flash may store on a user’s computer or device. Third parties with whom we partner to provide certain features on our Sites or to display advertising based upon your web browsing activity often use flash cookies.
o What information do these Tracking Technologies collect? These tracking technologies collect information about your browser and online usage patterns (e.g., IP address, pages you view, the links you click and other actions you take on the Services such as opening an email, log files, browser type, browser language, referring/exit pages and URLs, etc.), and information about the device(s) you use to access the Services (e.g., unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (IDFA), Google AdID or Windows Advertising ID), device type, model and manufacturer, operating system brand and model and, depending on your mobile device settings, your geographical location data). We, or our third party partners, may link your various devices so that content you see on one device can result in relevant advertising and content displayed on another device so that we may recognize and contact you on the various devices you may use.
o What are Cookies and other Tracking Technologies used for? Tracking Technologies do lots of different jobs, like helping us understand how our Websites are being used, helping us analyze trends, administering the Websites, tracking users’ movements around the Websites, gathering demographic information about our user base as a whole, letting you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience. Tracking Technology can also help ensure that you see marketing content that is more relevant to you and your interests. Therefore, generally speaking, we use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Website(s); (b) provide custom, personalized content and information, including targeted content and advertising; (c) recognize and contact you across multiple devices; (d) provide and monitor the effectiveness of our Services; (e) monitor aggregate metrics such as total number of visitors, traffic, usage and demographic patterns on our Websites; (f) diagnose or fix technology problems; and (g) otherwise plan for and enhance our Services.
o What types of cookies are used by TekAxiom? The types of cookies used on our site can generally be put into one of the following categories: Necessary; functional and advertising. You can find out more about each of the cookie categories in the table below.
Necessary Cookies. These cookies are essential to make our Websites work. They enable you to move around the Websites and use their features. Without these cookies, services that are necessary for you to fully use our Websites may not be available, such as accessing certain areas of the Websites.
Functional Cookies. These cookies allow us to recognize you and tailor our Websites to provide enhanced features and content to you. For example, these cookies can be used to remember your IP address, language choice, country selection and requested Services.
Advertising Cookies. These cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They remember that you have visited a website and may track you on other websites. This information may be shared with other organizations such as advertising partners.
o How long will cookies stay on your browsing device? The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing the website that has set the cookie. Persistent cookies stay on your browsing device after you have finished browsing a particular website, until they are deleted or until they expire. The actual period of validity of each persistent cookie depends on each cookie. However, they generally expire within 3 months. You can amend your cookie settings using your internet browser’s settings.
o Interest-based advertising. We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. To do this, we or our advertising partners may collect information about how you use or connect to our Services, or the types of other websites, social media services, content and ads that you (or others using your device) visit or view or connect to our Services. Typically, this information is collected through cookies and similar tracking technologies. Where legally required, we will obtain your consent.
If you only want to limit third-party advertising cookies, you can turn such cookies off by visiting the following links (please bear in mind that there are many more companies listed on these sites than those that drop cookies via our website):
Your Online Choices (http://www.youronlinechoices.com/)
Network Advertising Initiative (http://www.networkadvertising.org/)
Digital Advertising Alliance (http://www.aboutads.info/consumers)
TRUSTe’s Opt-out Tool (http://preferences-mgr.truste.com)
To manage the Tracking Technologies, you may also follow the steps as described below:
o How can you manage cookies from our Websites? The cookies we use are designed to help you get the most from our Services, but if you do not wish to receive cookies, most browsers allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. You can also avoid Tracking Technology by not consenting to the use of Tracking Technology when asked for consent in cookie banners. Please check your browser and browser settings to determine where cookies are stored and whether and how they may be deleted. The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie or how to disable most cookies altogether. Depending on your mobile device and operating system, you may not be able to delete or block all Tracking Technologies. Please note that in the case you delete existing cookies, your chosen pre-settings will be deleted as well. This means that the next time you access our website, we may ask for your consent again (to the extent required by law) and set new cookies. The period of validity of those cookies will then start from the beginning. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it. In order to understand these settings, the following links may be helpful, otherwise you should use the “Help” option in your browser for more details.
Cookie settings in Internet Explorer
Cookie settings in Firefox
Cookie settings in Chrome
Cookie settings in Safari
o How to withdraw consent for showing targeted ads on third-party websites and for our use of Tracking Technology. To the extent we rely on your consent to provide you with targeted advertising on third-party websites and the use of Tracking Technology, you may withdraw such consent at any time with effect for the future by contacting us using the contact details set out at the end of this section A. Depending on the setting options and the scope of your consent withdrawal, you may still receive generic ads.
Social media. Our Websites include links to social media sites, such as Facebook, LinkedIn, Twitter, Instagram and YouTube. These social sites are hosted by a third party, and your interactions with these features are governed by the privacy notice of the company providing it.
Links to other Websites and services. The Services may contain links to and from third-party websites of our business partners, advertisers and social media sites, and our users may post links to third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, share and otherwise process personal information. We are not responsible for the privacy practices or the content on the websites of third-party sites.
How do we protect your personal information? We implement a variety of security measures designed to maintain the safety of your personal information when you use our Services. However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%. In the event that any personal information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose personal information may have been compromised, such notification will be made having regard to the nature of the personal information involved and may include email communications, written correspondence, or public statements and take other steps in accordance with any applicable laws and regulations, such as notify competent data protection authorities.
Children’s privacy. We do not knowingly collect or solicit any personal information from anyone under the age of 16 on or through the Services. In the event that we learn that we have inadvertently collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 16, please contact us by using the contact details set out at the end of this section A.
What rights and choices do you have? We want you to understand your rights and choices regarding how we may use your personal information. Depending on how we use your personal information, these rights and choices may include the following:
o Access, correction and deletion. Upon request, TekAxiom will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by contacting us at contact@TekAxiom.com. We will respond to your request within a reasonable timeframe.
o Deny or Withdraw of Consent. We may work on the basis of consent, in particular in relation to sales and marketing campaigns. For example, if you sign up to our email newsletter, you allow us to send marketing communication to you, or when our marketing partners provide us with your email address, we will process your data to the extent covered by your consent. If you have granted us consent to use your personal information, we will use it only for the purposes for which you have granted your consent. You are free to deny your consent and the denial will have no negative consequences for you. You are also free to withdraw your consent at any time with effect for the future without negative consequences for you. However, we will not / no longer be able to provide you with the Services to which this consent relates.
Online privacy notice updates. We may make changes to our privacy notice from time to time and will update the “last updated” date at the beginning of this privacy notice. Please review our policies regularly, as updated policies will apply to your future use of our Services. To the extent that we have your contact information, we will notify you of any material changes to our privacy notice.
How to contact us?
If you have any questions or concerns about our privacy notice or if you want to exercise your rights, please send an email to contact@TekAxiom.com or write to us at:
If you obtain Services from one of our TekAxiom affiliates, you may of course address any privacy related question to the TekAxiom affiliate that has concluded a contract with you.
Information on data processing rendered by us on behalf of customers.
Where a TekAxiom group company of affiliate processes personal information based on a data processing agreement entered with you or your employer (or other similarly situated entity), the respective TekAxiom group company or affiliate is not the data controller but a data processor. The use of personal information provided to us as a data processor by our customers for the purpose of processing on their behalf shall be limited to the purpose of providing the Service for which the customer has engaged TekAxiom (data processing on behalf of customer).TekAxiom acknowledges that you have the right to access your personal information. TekAxiom has no direct relationship with the individuals whose personal information it processes on behalf of its customers. An individual who seeks access or who seeks to correct, amend or delete inaccurate data should direct their query to TekAxiom’s customer or affiliate (the data controller). If requested to remove data we are processing for our customer, we will respond within a reasonable timeframe. We may transfer personal information to companies that help us provide our Services. Transfers to subsequent third parties are covered by the service agreements with our customers.