This Privacy Policy/Terms of Service describes our privacy practices in connection with the system’s Cloud Services (described below) and websites and mobile applications that display this Policy/Terms of Service. The Privacy Policy/Terms of Service describes the types of personal information we collect and process, how we may use and share the information, and the choices that are available to individuals with respect to WBAT’s handling of the information. Some functionality described in this Privacy Policy/Terms of Service may not be available on all of our websites or mobile applications, to all individuals, or at all times.
Information that Customers Upload into WBAT Cloud Services
WBAT is a service provider to businesses; the companies provide Software as a Service cloud applications and services platforms (“Cloud Services”), such as the WBAT system. Under applicable data protection laws, customers are the controllers/database owners/responsible parties with respect to the information, personal or not, uploaded into the Cloud Services, and WBAT is a processor/operator for its customers. WBAT processes the information that customers may upload into the Cloud Services only at the direction of the customer – to provide the Cloud Services to its customer, and to comply with applicable legal requirements. Accordingly, we require our customers, by contract, to comply with applicable data protection requirements, including to provide notice regarding customers’ data processing activities.
Information We Collect in Connection with our Websites and Mobile Applications
In addition to the information that our customers upload into the Cloud Services, we collect information in connection with the use of our websites and mobile applications. The types of information that we may collect in connection with your use of our websites and mobile applications may include:
• Business contact information, such as your name, job title and employer name, email address, mailing address, and phone number, including administrative employee contact information provided by our Cloud Services customers
• The username and password that you may create for an account you establish on our websites or mobile applications
• Your signature, if you use certain of our mobile applications
We may also collect certain information by automated means, such as cookies, web beacons and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a web server.
The information that may be collected by automated means includes:
• Precise location information of users of our mobile applications
• Details about the devices that are used to access our websites or mobile applications (such as the IP address, and type of operating system and web browser)
• Dates and times of visits to, and use of, our websites and mobile applications
• Information about how our websites and mobile applications are used (such as the content that is viewed on our websites and how users navigate between our webpages, or the features of ou mobile applications that are used and how users navigate between screens on our mobile applications)
• URLs that refer visitors to our websites
• Search terms used to reach our websites or locate our mobile applications
Information We Share
We share the information that customers upload into the Cloud Services only as directed by the customers and to comply with applicable legal requirements. We may share information regarding customers’ personnel’s use of the Cloud Services, our websites and mobile applications with the relevant customers. We may share the information we collect with our service providers that perform services on our behalf for the purposes described in this Privacy Policy/Terms of Service. We contractually require these service providers to use or disclose the personal information only as necessary to perform services on our behalf or comply with legal requirements.
Unless prohibited by applicable law, we reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our business or Assets.
If we engage in such a sale or transfer, we will make reasonable efforts to direct the recipient to use your information in a manner that is consistent with this Privacy Policy/Terms of Service.
After such a sale or transfer, you may contact the recipient with any inquiries concerning the processing of your information.
We may share information to comply with legal requirements (e.g., to disclose information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements). We may also share your information to protect against and prevent fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities.
Data Retention
We do not retain information for longer than necessary for the purposes for which the data was obtained or to comply with legal requirements. We retain information that we possess in connection with the Cloud Services as directed by the relevant customer and as required by law.
Your Rights and Choices
You have certain rights and choices regarding our processing of your personal information:
• Your web browser may provide you with the ability to disable receiving certain types of cookies; however, if you disable cookies, some features or functionality of our websites or Cloud Services may not function correctly.
• You may prevent us from automatically collecting your location information by disabling location services on your mobile device; or, if the option is available on your mobile device, by configuring your mobile device not to allow your mobile application to collect location information.
• If your employer is a customer of the Cloud Services and provides your information to WBAT to authorize you to use the Cloud Services, please contact your employer to exercise any legal rights that may apply. If you exercise applicable legal rights through your employer, we will work with your employer to respond to your request.
• If you believe that we maintain any information about you in connection with one of our customer’s use of the Cloud Services, please contact the relevant customer to exercise any legal rights that may apply. If you do not have the customer’s contact information, you may request that information from us.
• You may request access to the information that we maintain about you, other than information that our customers upload into the Cloud Services. We will provide you with a copy of the information we maintain about you in the ordinary course of business, to the extent the information is not available via our websites or mobile applications. You may request to correct any errors in your information. We reserve the right to verify user identity in connection with access or correction requests to help ensure that we provide the information to individuals to whom it pertains.
How We Protect Personal Information
WBAT maintains reasonable administrative, technical and physical safeguards designed to protect the information we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, we cannot guarantee that the measures we maintain will ensure the security of the information.
PROHIBITED USES
In addition to other prohibitions as set forth in the Privacy Policy/Terms of Service, you are prohibited from using the Site, the Apps or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site or the Apps will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site or the Apps will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Site and the Apps is at your sole risk.
The Site and the Apps and all products and services delivered to you through them are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Site or the Apps, or for any other claim related in any way to your use of the Site or the Apps, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or the Apps or any content (or product) posted, transmitted, or otherwise made available via the Site or the Apps, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless WBAT and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising from or relating to your use of the Site and the Apps, your submissions to the Site or the Apps, or any violation of these Privacy Policy/Terms of Service, or applicable law, by you or by someone accessing the Site or the Apps via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Privacy Policy/Terms of Service and the termination of your use of the Site and the Apps.
SEVERABILITY
In the event that any provision of these Privacy Policy/Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Privacy Policy/Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Privacy Policy/Terms of Service are effective unless and until terminated by either you or us. You may terminate these Privacy Policy/Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site or Apps.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Privacy Policy/Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Privacy Policy/Terms of Service shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Privacy Policy/Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Privacy Policy/Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Jersey.
CHANGES TO PRIVACY POLICY/TERMS OF SERVICE
You can review the most current version of the Privacy Policy/Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Policy/Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Privacy Policy/Terms of Service constitutes acceptance of those changes.