1.1. Madrone, Inc. (“Madrone”) respects your online privacy and security and protects information that you decide to share with us, in an appropriate and reasonable manner. Your privacy and the protection of data is our top concern and we have established and comply with the principles set forth in this Madrone Privacy and Security Policy in order to protect your privacy and your data. Madrone does not list all of the details of the Madrone infrastructure for security reasons.
1.2. Your access to, license and use of Madrone’s web-based Services (the “Services”) is strictly conditioned upon your agreement with and consent to the terms and conditions of the Madrone Privacy and Security Policy, as it may be amended and/or updated from time to time by Madrone. In the event of any material change or modification by Madrone to the Madrone Privacy and Security Policy, Madrone will notify you here. You also agree to comply with all of the terms and conditions of the Madrone Terms of Service Agreement.
2. Contact Information
2.1. Please direct all inquiries, questions or comments with respect to this Madrone Privacy and Security Policy to Madrone at the email addresses set forth below. Madrone will use commercially reasonable efforts to respond to your inquiries, questions or comments within five (5) business days of their receipt.
Email Address: email@example.com
3. Use of the Services by You
3.1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Madrone will always be accurate, correct and up to date.
3.2. You agree to use the Services only for purposes that are permitted by (a) the Terms of Service Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
3.3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Madrone, unless you have been specifically allowed to do so in a separate agreement with Madrone. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
3.4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
3.5. Unless you have been specifically permitted to do so in a separate agreement with Madrone, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
3.6. You agree that you are solely responsible for (and that Madrone has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service Agreement and for the consequences (including any loss or damage which Madrone may suffer) of any such breach.
4. Your Passwords and Account Security
4.1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
4.2. Accordingly, you agree that you will be solely responsible to Madrone for all activities that occur under your account.
4.3. If you become aware of any unauthorized use of your password or of your account, you agree to notify Madrone immediately.
5. Contents of Your Account
5.1. Madrone stores and maintains certain forms and contents stored in your account. Use of Madrone’s Services signifies your consent to any transfer of such contents outside of your country.
5.2. In order to prevent loss of data due to errors or system failures, we also keep backup copies of data including the contents of your account and such contents may remain on our Services even after deletion or termination of your account.
6. Visitor Details
6.1. We may use the Internet Protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in our log files to analyze the trends, administer the website, track visitor’s movements and to improve our website.
7.1. We may use session and/or persistent cookies with respect to the Madrone Services. We may also, from time to time, retain an independent third party to perform an analysis of the statistical and aggregate data and other information with respect to our Services. Such aggregated information is not personally identifiable and is used to improve the functionality and/or use of our Services and future product offerings.
8. Your Obligations
8.1. You have certain obligations imposed by applicable law or regulations or by the Madrone Terms of Service Agreement. You must, at all times, respect the terms and conditions of this Madrone Privacy and Security Policy, including but not limited to any intellectual property rights, which may belong to third parties. You must not disseminate, distribute and/or download any information which may be deemed to be injurious, offensive, violent or racist.
8.2. Any violation of these obligations and guidelines in the Madrone Terms of Service Agreement or in the Madrone Privacy and Security Policy may lead to the termination or suspension of your access to or license of the Services by Madrone, at its sole option.
9. Children’s Online Privacy Protection
9.1. Children are not eligible to use Madrone’s Services. Minors should not submit any personal information to Madrone and/or use the Madrone Services. Madrone does not knowingly collect personal information from minors who are under 18 years of age.
10. LEGAL DISCLAIMER
10.1. IT IS POSSIBLE THAT WE MAY NEED TO DISCLOSE PERSONAL INFORMATION WHEN REQUIRED BY LAW, SUCH AS RESPONSES TO CIVIL OR CRIMINAL SUBPOENAS, OR OTHER REQUESTS BY LAW ENFORCEMENT PERSONNEL. WE WILL DISCLOSE SUCH INFORMATION IN THE EVENT THAT WE HAVE A GOOD-FAITH AND REASONABLE BELIEF THAT IT IS NECESSARY TO COMPLY WITH A COURT ORDER, JUDICIAL PROCEEDING, SUBPOENA, OR OTHER LEGAL PROCESS OR REQUEST TO Madrone BROUGHT IN ANY COUNTRY THROUGHOUT THE WORLD, OR TO EXERCISE OUR LEGAL RIGHTS OR DEFEND AGAINST LEGAL CLAIMS.
11. Forums / Chat / Blogs / Directory
11.1. If you choose to use a bulletin board or directory, import a blog, or participate in a chat room, you should be aware that any personally identifiable information you choose to provide there can be read, collected and/or used by other parties and that such personally identifiable information could be used to send you unsolicited messages.
11.2. MADRONE IS NOT RESPONSIBLE FOR ANY PERSONALLY IDENTIFIABLE INFORMATION THAT YOU CHOOSE TO SUBMIT WITH RESPECT TO THESE FORUMS.
12. Surveys and Polls
12.1. As a licensed user with respect to Madrone Services, you may receive requests from time to time to participate in market research, including but not limited to certain polls and surveys which may be submitted by independent third parties retained by Madrone for market research.
12.2. If you decide to participate in such surveys or polls, you acknowledge that you are responsible for the provision of any and all of your personal and/or other information in response to such poll or survey.
13. Accessing and Changing Your Account Information
13.1. You can review the personal information that you have provided to us and make any desired changes to such information by logging in to your account on the Madrone website.
13.2. Please be aware that even after we have processed your request for such a change, Madrone may retain certain residual information in the backup and/or archival copies of Madrone’s database.
14. Closing Your Account
14.1. In the event you close your Madrone account, we will remove your name and other personally identifiable information. Madrone may retain certain data contributed or provided by you if we reasonably believe that it may be necessary to prevent fraud or abuse; it is retained for legitimate business purposes (such as analysis of aggregated, non-personally identifiable data for account recovery purposes); or, if it is required by law.
15. Links from Madrone Website
15.1. Certain pages of our website may, from time to time, contain external links. You should verify and validate any and all privacy practices of other websites. We encourage you not to provide personal information, without first assuring yourself of the privacy policies of such other websites.
15.2. MADRONE IS NOT RESPONSIBLE IN ANY WAY FOR ANY USE AND/OR MISUSE OF ANY PERSONAL INFORMATION OR OTHER INFORMATION PROVIDED BY YOU AT SUCH OTHER WEBSITES.
16. Anonymous Data
16.1. Madrone may accumulate and aggregate certain anonymous statistical and related data in order to improve the performance and functionality of its Services, to develop new products and/or Services or to analyze the usage of Madrone’s Services.
16.2. Madrone may use aggregated anonymous data for such purposes as Madrone, in its sole discretion, deems to be appropriate.
17.1. Access to personal information and/or your data at Madrone is password-protected and PCI compliant. Madrone may use a credit card processing company with respect to the billing of Services fees and such third parties may use such personally identifiable information solely to provide such billing services. Madrone also audits its system, from time to time, for possible vulnerabilities.
17.2. It is your responsibility to protect the security of any of your login information. Emails, instant messaging and other similar methods of communication may not be encrypted, and we urge you not to use these means or methodologies for the communication of any confidential information.
18. Madrone Employees
18.1. Madrone’s employees have years of experience in managing and assessing security and data protection risk. Only Madrone employees with the highest level of clearance have access to our datacenter and the data contained therein. Madrone limits access to customer data to only a designated number of its employees with a legitimate need to access such data in order to provide technical, support and other important services for Madrone’s customers.
18.2. Madrone, on a continuing basis, reviews its then current security policies and develops new policies and/or procedures with respect to management, knowledge sharing, escalation procedures and day-to-day operations. Madrone routinely and regularly audits its security policies and procedures and those same policies and procedures are regularly reviewed by Madrone executive management.
18.3. Any access to customer data is solely on an as needed basis by authorized Madrone employees or by Madrone senior management employees in order to provide and perform maintenance and/or support services for our customers, and in order to maintain or improve the quality of our Services.
19. Madrone Network Security
19.1. Madrone’s network security system and infrastructure helps to protect our customers’ data against sophisticated attacks. All Madrone Services are protected and screened by intrusion detection systems. Access to the Madrone network is tightly and comprehensively controlled and strictly audited by appropriate Madrone personnel.
19.2. Communications between a customer’s computer and Madrone’s servers is encrypted and Madrone applications operate in a secure operating system that Madrone believes minimizes vulnerabilities.
20.1. In a cloud computing environment, certain computer resources may at some point fail to operate – Madrone has designed its infrastructure in light of that potential failure. The core cloud computing infrastructure provides redundancy and high availability at every level, from multiple Tier-1 ISP connections, redundant networking equipment, and servers.
20.2. Madrone’s Services are built on this infrastructure with the ability to quickly add or change service capacity in response to customer load or in an uncommon situation where a compute infrastructure experiences a failure.
20.3. Madrone monitors each of its Services critical performance metrics to track availability and performance.
20.4. Madrone periodically backs up appropriate data across multiple servers so as to protect that same data in the event of a service failure.
21. Physical Security
21.1. Madrone Services are hosted in secure, SAS70 Type II certified facilities that are protected from physical attacks and from natural disasters. Such datacenters are monitored on a 7×24 basis and entrance to the datacenters is controlled and restricted to a select group of authorized personnel. Multiple forms of authentication must be used in order to enter any such datacenter and the datacenters are guarded and protected 7 days a week, 24 hours a day.
22. EXCLUSION OF WARRANTIES
22.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT Madrone’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
22.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
22.3. IN PARTICULAR, Madrone, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
22.4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
22.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Madrone OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
22.6. Madrone FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
23. LIMITATION OF LIABILITY
23.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Madrone, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH Madrone MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE Madrone WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(V) YOUR FINANCIAL OR BUSINESS DECISIONS BASED ON THE CONTENT PROVIDED.
23.2. THE LIMITATIONS ON MADRONE’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT MADRONE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.