Legal

Welcome to the Censia website (the “Site”). The Site is operated by Censia Inc. (“Censia”, “we”, “our”, and “us”) and is accessible at www.censia.com. This Privacy Policy describes Censia’s practices with information collected through the Site. This Privacy Policy only addresses information collected directly through or from the Site – it does not address or govern any information-gathering, use, or dissemination practices related to information collected from you other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.

This Privacy Policy does not apply to information that we collect from our subscribers through other avenues, such as any Apps made available for use by subscribers. Such information is governed by the terms of the applicable services agreement, rather than this Privacy Policy.

By providing personal information to Censia or by using the Site, you agree to the terms and conditions of this Privacy Policy. If you have any questions concerning this Privacy Policy or would like to request a copy of this Privacy Policy, please contact us at privacy@censia.com.

1. Definitions

  • Personal Information. “Personal Information” is information that identifies you as an individual or relates to an identifiable individual, including: name, title, company name, job function, expertise, postal address, telephone number, or email address. If you submit any Personal Information relating to other people to us or to our service providers in connection with the Site, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.
  • Other Information. “Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. This might include, for instance, browser and device information; application usage data; information collected through cookies, pixel tags, and other technologies; demographic information and other information provided by you; or aggregated information. We use this information to facilitate our operation of the Site and for other purposes described below.
  • IP Address: Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever you access the Site, along with the time of the visit and the page(s) that you visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. Censia uses IP Addresses to calculate usage levels of the Site, help diagnose problems with its servers, administer the Site, and monitoring the regions from which you navigate to Censia’s Site.

2. Collection of Information

Except as specifically set forth herein, Censia may collect Personal Information and Other Information in a variety of ways, including:

(a) Personal Information
  1. Through the Site: We may collect Personal Information knowingly provided by users through the Site. Examples of this include when you request a free demo, download content from the Site, subscribe to the blog, or register for a webinar on our Site. We may also collect your email address(es) when you communicate with us via email. We may also collect your Personal Information when it is knowingly provided by you via other digital properties that are expressly subject to this Privacy Policy, such as sweepstakes, contests, and other digital promotions. Censia may also use Internet cookies and other identifiers or methods of web analysis (such as Google Analytics) to gather, store, and track certain information related to your visit to and activity on the Site. If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. Censia does not override these settings or options and encourages you to use them to enhance your choices and personalize your experiences. However, in order to access certain content, features, services, products, or benefits on the Site, you may be required to provide Censia with certain information, including some types of personally identifying information such as your email, your address, and your phone number. If you do not wish to provide such information through the Site or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products, or benefits of the Site.
  2. Offline. Censia may also collect Personal Information from you offline, such as when you attend one of our events, or during phone calls with sales representatives, or when you contact customer service.
  3. Through You. Censia may collect information such as your location or your preferred means of communication when you voluntarily provide it. Unless combined with Personal Information, this information does not personally identify you or any other user of the Site.
  4. Information from Other Sources. In order to enhance our ability to provide relevant marketing, offers, and services to you, we may obtain Personal Information about you from other sources, such as public databases, joint marketing partners, social media platforms, as well as from other third parties.
(b) Other Information
  1. Through Your Browser or Device. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Sites (such as the Apps) you are using.
  2. Through Your Use of the Apps. When you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
  3. Through Cookies and Other Similar Technologies: We use cookies and other similar technologies (such as actions tags, also known as beacons, or pixels tags) for a number of purposes including to remember preferences, track conversions, conduct marketing and promotional efforts, analyze site traffic and trends, and generally understand the online behaviors and interests of people who interact with our Site. To learn how to manage privacy and storage settings for Flash Cookies, click here. We use third-party advertising companies to serve advertisements on our behalf or to provide advertising-related services. These companies may use a cookie, action tag or similar files, to tailor the advertisements you see on this Site and other sites, to track your response to their advertisement, to determine whether advertising has been served and to measure the effectiveness of their advertising or to award incentives or points to their members who respond to their advertisements. The cookies, action tags or similar files do not contain any Personal Information. You can learn more about targeted advertising, its benefits and your choices by going to the Digital Advertising Alliance (“DAA”) site at http://www.aboutads.info/consumers/. The targeted advertising companies we work with are members of the Network Advertising Initiative (“NAI”) or the DAA. The NAI and the DAA allow you to limit targeted advertising from its members by using an opt-out tool available on the NAI website at networkadvertising.org or the DAA’s site. If you are located in the EU, you can review the following website: http://www.youronlinechoices.eu.
  4. Through Web Analytics Services. Censia also uses web analytics services, which currently include Google Analytics. Google Analytics is a web analytics service provided by Google Inc. Google Analytics uses cookies and similar technologies to gather, store, analyze, and track certain information related to your visit and activity on the Site. The information generated about Domain usage (including your shortened IP address) is transmitted to Google in the U.S. This information is used to evaluate visitors’ use of the Domain, compile statistical reports on Domain activity, and provide other services related to the Site and Internet use. Google may also collect information about Domain visitors’ use of other websites. For more information about Google Analytics, or to opt out of Google Analytics, please go to: https://tools.google.com/dlpage/gaoptout. We may also collect information that we request from you regarding your use of our service or that we collect automatically about your visit to our sites. For a full list of our analytics services, please contact us at privacy@censia.com.

3. Use of Personal Information

Personal information collected by Censia may be used by Censia for several general purposes including, but not limited to, the following purposes:

  • To respond to your inquiries and to fulfill your requests;
  • To provide you with information about the Site, service information, and news;
  • To support the Site and services offered on or through the Site;
  • To contact you about our services, including for feedback and to send you important information regarding our relationship with you or regarding the Site, technical updates, changes to our terms, conditions, and policies, and other administrative information;
  • To provide you with customer services;
  • To contact you for marketing and promotional purposes, including to promote our products and services, and the products and services of our third party business partners;
  • To conduct research about Censia’s customer base or services;
  • To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so please read those rules carefully;
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Site and services, identifying usage trends, personalizing your experience on the Site by presenting products and offers tailored to you, determining the effectiveness of our promotional campaigns and operating and expanding our business activities; and
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
  • For residents of the European Union (EU) who are subject to the European Union’s General Data Protection Regulation (GDPR) the retention and utilization of your Personal Information is in compliance with GDPR. Please read the Censia GDPR Policy for information relating to Censia’s compliance with and processes involving GDPR.

We may use Other Information such as demographic and aggregate data to analyze and develop our marketing strategy and to further improve the Site and our services.

4. Information Sharing and Disclosure

We will not sell or rent your Personal Information to third parties except as described in this Privacy Policy. We may, however, disclose your Personal Information to other companies or people under any of the following circumstances:

  1. Subsidiaries and Affiliates. We may disclose Personal Information to our Subsidiaries and Affiliates for the purposes described in this Privacy Policy. Censia, LLC is the party responsible for the management of the jointly-used Personal Information.
  2. Third-Party Business Partners: Censia partners with a variety of businesses and works closely with them to market or sell products or services. In certain situations, these businesses operate within the Site. We may disclose Personal Information to our partners for the purposes described above. Some of our third-party business partners may co-sponsor events and other offerings with Censia. We may share Personal Information with these co-sponsors when you sign up for events or offerings to allow our partners to send you marketing communications and information that may be of interest to you, as permitted under applicable law.
  3. Agents and Service Providers: We contract with other companies and people to perform tasks on our behalf and may share your Personal Information with them to provide products or services to you, or to otherwise communicate with you, such as to provide marketing or offers on our behalf. Examples may include removing repetitive information from customer lists, analyzing data, providing marketing assistance, conducting billing, processing credit card payments, engaging technical support for our services, providing customer service, and performing analysis related to our products or services. We may also provide your Personal Information to agents and service providers to verify or compile aggregate usage data that we provide to our partners. When we share this information in this way, we seek to require the agent or service provider to maintain the privacy, confidentiality and security of the Personal Information
  4. Sweepstakes: We may share Personal Information with business partners or other third party sponsors of sweepstakes, contests and similar promotions.
  5. Censia Blog and Social Media Pages: Personal Information may also be disclosed by you through the Site, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including, without limitation, our Censia Blog, at http://blog.censia.com and the Social Media Pages). This information may appear in public ways, such as through search engines or other publicly available platforms, and may be “crawled” or searched by third parties. Please do not post any information that you do not want to reveal to the public at large.
  6. Business Transfers: In some cases, we may buy or sell assets or businesses. In these types of transactions, user information is typically one of the business assets that is transferred. Censia may disclose Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
  7. Protection of Censia and Others: We may release Personal Information when we believe that release is necessary or appropriate (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce or apply our conditions of use and other agreements; (e) to protect our operations or those of any of our affiliates; (f) to allow us to pursue available remedies or limit the damages that we may sustain; and (g) to protect the rights, privacy, property, or safety of Censia, our employees, our affiliates, our users, or any other person or entity. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
  8. Use and Disclose Other Information. We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we do, we will treat the combined information as Personal Information for as long as it is combined.
  9. GDPR. For residents of the EU who are subject to GDPR we may use, process and retain your Personal Information in ways that are compliant with GDPR as it applies to Censia’s products and business. Please read the Censia GDPR Policy for information relating to Censia’s compliance with and processes involving GDPR.

    If you are a resident of the EU and are subject to GDPR, then as an individual you have certain rights concerning the use, processing and retention of your Personal Information. These include, but are not limited to, the right to review and change the information we have on you, the right to ask us not to process your Personal Information, and the right to request that your Personal Information be removed from our database. Please read the Censia GDPR Policy for information relating to your rights involving GDPR.

5. Security

We have implemented organizational, technical, and administrative measures to protect Personal Information within our organization, including security controls to prevent unauthorized access to our systems. While we take reasonable steps to secure your Personal Information from loss, misuse, interference and unauthorized access, modification and disclosure, you should be aware no security procedures or protocols are ever guaranteed to be one hundred percent (100%) secure from intrusion or hacking, and there is therefore always some risk assumed by sharing Personal Information online. You acknowledge that the technical processing and transmission of content via the Site may be transferred, unencrypted, and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, Censia is not responsible for the security of information transmitted via the Site or the Internet generally. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Questions, Concerns and Complaints” section below.

6. Accessing, Modifying, or Removing Personal Information

If you would like to access, correct, amend, remove or limit the use or disclosure of any Personal Information, please notify us at privacy@censia.com so that we may consider and respond to your request in accordance with applicable law. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. Please note that we may need to retain certain information for record keeping purposes and/or to complete any transactions that you began prior to requesting such access, change or deletion.

7. Retention of Personal Information

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

8. Choices

Except as necessary to obtain the services or information requested, you may opt out of having your Personal Information, which has been voluntarily provided by you to Censia through email, contact forms, or other online avenues, prospectively retained by Censia or used by Censia for secondary purposes. You may opt-out of receiving marketing messages from Censia or our affiliates by sending an email to privacy@censia.com by unsubscribing through the unsubscribe or opt-out link in an email. We will try to comply with your request(s) as soon as reasonably practicable. This means we assume you have given us your consent to collect and use your information in accordance with this Privacy Policy unless you take affirmative action to indicate that you do not consent. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages.

9. Children’s Use of Censia Site

The Site is not intended for or directed to persons under the age of 18, and we will not knowingly collect information from such persons. Any person who provides information to us through registration or in any other manner on the Site represents to Censia that they are 18 years of age or older. If we learn that a child under 18 has submitted personal information to us, we will attempt to delete the information as soon as possible. If you believe that we have mistakenly or unintentionally collected such information, please notify us at privacy@censia.com.

10. Third Party Sites

The Site may permit you to link to third party websites or utilize plug-ins or features of third parties on the Internet through direct links or through applications such as “Share” or “Like” buttons, and other websites likewise may contain links to our Site. The information practices or content of such other websites is governed by the privacy statements of those websites and not by this Privacy Policy. It is your sole obligation to review and understand the privacy practices and policies of all third parties, including those who operate services accessible through the Site. Similarly, please note that we are not responsible for the collection, use and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Apps or the Social Media Pages.

11. Social Media Features and Widgets

Our Site may integrate with social sharing features or other related tools which let you share actions you take on our Site with other apps, sites or media, and vice versa. These features may enable the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. These features may also collect your IP address and which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Your interaction with these features are governed by the privacy policy of the relevant platform. Please refer to the privacy policies of those social sharing services for more information.

12. Sensitive Information

You are prohibited from sending or disclosing to us any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Site or via other means.

13. California Residents

California Civil Code Section 1798.83 (also known as the “Shine The Light” law) permits users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please contact Censia at privacy@censia.com.

14. European Union Residents

During 2018 the European Union’s General Data Protection Regulation became effective. If you are a resident of the EU, you have been granted certain new rights as it pertains to your Personal Information. These rights protect the collection, use, processing and retention of your Personal Information. More specifically, as an individual, you have the right to review and understand the Personal Information we have concerning you, you have the right to understand how we use your Personal Information, and you have there right to request that we not use your Personal Information, or to delete it from our database in its entirety. Please read the Censia GDPR Policy for information relating to your rights concerning you Personal Information. If you are an EU resident and would like to understand the Personal Information we maintain on you and the way we use it, please contact Censia at privacy@censia.com.

15. Changes to this Privacy Policy

Censia reserves the right to amend this Privacy Policy from time to time. The “Last Updated” legend at the top of this page indicates when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Site. Your use of the Site following these changes means that you accept the revised Privacy Policy.

16. International Transfer of Data

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Site or disclosing information to us you consent to the transfer of information to countries outside of your country of residence, including the United States, Australia, Germany, Ireland, Israel, Japan, the UK, and other EU countries, which may have different data protection rules than those of your country or the country in which you were located when you initially provided the information.

17. Questions, Concerns or Complaints

Your privacy is important to us. If you have any questions, concerns, or complaints regarding the way we collect and handle your information, please contact us by email at privacy@censia.com or by mail at 233 Post St, Level 6, San Francisco, CA, 94108 ATTN: Privacy Officer, Legal. Because email communications are not always secure, please do not include credit card information or other sensitive information in your emails to us.

Censia will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

Privacy Policy
Terms of Use
GDPR

Welcome to the Censia website (the “Site”). The Site is operated by Censia, LLC (“Censia”, “we”, “our”, and “us”) and is accessible at www.censia.com. This Privacy Policy describes Censia’s practices with information collected through the Site. This Privacy Policy only addresses information collected directly through or from the Site – it does not address or govern any information-gathering, use, or dissemination practices related to information collected from you other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.

This Privacy Policy does not apply to information that we collect from our subscribers through other avenues, such as any Apps made available for use by subscribers. Such information is governed by the terms of the applicable services agreement, rather than this Privacy Policy.

By providing personal information to Censia or by using the Site, you agree to the terms and conditions of this Privacy Policy. If you have any questions concerning this Privacy Policy or would like to request a copy of this Privacy Policy, please contact us at privacy@censia.com.

1. Definitions

  • Personal Information. “Personal Information” is information that identifies you as an individual or relates to an identifiable individual, including: name, title, company name, job function, expertise, postal address, telephone number, or email address. If you submit any Personal Information relating to other people to us or to our service providers in connection with the Site, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.
  • Other Information. “Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. This might include, for instance, browser and device information; application usage data; information collected through cookies, pixel tags, and other technologies; demographic information and other information provided by you; or aggregated information. We use this information to facilitate our operation of the Site and for other purposes described below.
  • IP Address: Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever you access the Site, along with the time of the visit and the page(s) that you visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. Censia uses IP Addresses to calculate usage levels of the Site, help diagnose problems with its servers, administer the Site, and monitoring the regions from which you navigate to Censia’s Site.

2. Collection of Information

Except as specifically set forth herein, Censia may collect Personal Information and Other Information in a variety of ways, including:

(a) Personal Information
  1. Through the Site: We may collect Personal Information knowingly provided by users through the Site. Examples of this include when you request a free demo, download content from the Site, subscribe to the newsletter, or register for a webinar on our Site. We may also collect your email address(es) when you communicate with us via email. We may also collect your Personal Information when it is knowingly provided by you via other digital properties that are expressly subject to this Privacy Policy, such as sweepstakes, contests, and other digital promotions. Censia may also use Internet cookies and other identifiers or methods of web analysis (such as Google Analytics) to gather, store, and track certain information related to your visit to and activity on the Site. If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. Censia does not override these settings or options and encourages you to use them to enhance your choices and personalize your experiences. However, in order to access certain content, features, services, products, or benefits on the Site, you may be required to provide Censia with certain information, including some types of personally identifying information such as your email, your address, and your phone number. If you do not wish to provide such information through the Site or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products, or benefits of the Site.
  2. Offline. Censia may also collect Personal Information from you offline, such as when you attend one of our events, or during phone calls with sales representatives, or when you contact customer service.
  3. Through You. Censia may collect information such as your location or your preferred means of communication when you voluntarily provide it. Unless combined with Personal Information, this information does not personally identify you or any other user of the Site.
  4. Information from Other Sources. In order to enhance our ability to provide relevant marketing, offers, and services to you, we may obtain Personal Information about you from other sources, such as public databases, joint marketing partners, social media platforms, as well as from other third parties.
(b) Other Information
  1. Through Your Browser or Device. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Sites (such as the Apps) you are using.
  2. Through Your Use of the Apps. When you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
  3. Through Cookies and Other Similar Technologies: We use cookies and other similar technologies (such as actions tags, also known as beacons, or pixels tags) for a number of purposes including to remember preferences, track conversions, conduct marketing and promotional efforts, analyze site traffic and trends, and generally understand the online behaviors and interests of people who interact with our Site. To learn how to manage privacy and storage settings for Flash Cookies, click here. We use third-party advertising companies to serve advertisements on our behalf or to provide advertising-related services. These companies may use a cookie, action tag or similar files, to tailor the advertisements you see on this Site and other sites, to track your response to their advertisement, to determine whether advertising has been served and to measure the effectiveness of their advertising or to award incentives or points to their members who respond to their advertisements. The cookies, action tags or similar files do not contain any Personal Information. You can learn more about targeted advertising, its benefits and your choices by going to the Digital Advertising Alliance (“DAA”) site at http://www.aboutads.info/consumers/. The targeted advertising companies we work with are members of the Network Advertising Initiative (“NAI”) or the DAA. The NAI and the DAA allow you to limit targeted advertising from its members by using an opt-out tool available on the NAI website at networkadvertising.org or the DAA’s site. If you are located in the EU, you can review the following website: http://www.youronlinechoices.eu.
  4. Through Web Analytics Services. Censia also uses web analytics services, which currently include Google Analytics. Google Analytics is a web analytics service provided by Google Inc. Google Analytics uses cookies and similar technologies to gather, store, analyze, and track certain information related to your visit and activity on the Site. The information generated about Domain usage (including your shortened IP address) is transmitted to Google in the U.S. This information is used to evaluate visitors’ use of the Domain, compile statistical reports on Domain activity, and provide other services related to the Site and Internet use. Google may also collect information about Domain visitors’ use of other websites. For more information about Google Analytics, or to opt out of Google Analytics, please go to: https://tools.google.com/dlpage/gaoptout. We may also collect information that we request from you regarding your use of our service or that we collect automatically about your visit to our sites. For a full list of our analytics services, please contact us at privacy@censia.com.

3. Use of Personal Information

Personal information collected by Censia may be used by Censia for several general purposes including, but not limited to, the following purposes:

  • To respond to your inquiries and to fulfill your requests;
  • To provide you with information about the Site, service information, and news;
  • To support the Site and services offered on or through the Site;
  • To contact you about our services, including for feedback and to send you important information regarding our relationship with you or regarding the Site, technical updates, changes to our terms, conditions, and policies, and other administrative information;
  • To provide you with customer services;
  • To contact you for marketing and promotional purposes, including to promote our products and services, and the products and services of our third party business partners;
  • To conduct research about Censia’s customer base or services;
  • To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so please read those rules carefully;
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Site and services, identifying usage trends, personalizing your experience on the Site by presenting products and offers tailored to you, determining the effectiveness of our promotional campaigns and operating and expanding our business activities; and
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

We may use Other Information such as demographic and aggregate data to analyze and develop our marketing strategy and to further improve the Site and our services.

4. Information Sharing and Disclosure

We will not sell or rent your Personal Information to third parties except as described in this Privacy Policy. We may, however, disclose your Personal Information to other companies or people under any of the following circumstances:

  1. Subsidiaries and Affiliates. We may disclose Personal Information to our Subsidiaries and Affiliates for the purposes described in this Privacy Policy. Censia, LLC is the party responsible for the management of the jointly-used Personal Information.
  2. Third-Party Business Partners: Censia partners with a variety of businesses and works closely with them to market or sell products or services. In certain situations, these businesses operate within the Site. We may disclose Personal Information to our partners for the purposes described above. Some of our third-party business partners may co-sponsor events and other offerings with Censia. We may share Personal Information with these co-sponsors when you sign up for events or offerings to allow our partners to send you marketing communications and information that may be of interest to you, as permitted under applicable law.
  3. Agents and Service Providers: We contract with other companies and people to perform tasks on our behalf and may share your Personal Information with them to provide products or services to you, or to otherwise communicate with you, such as to provide marketing or offers on our behalf. Examples may include removing repetitive information from customer lists, analyzing data, providing marketing assistance, conducting billing, processing credit card payments, engaging technical support for our services, providing customer service, and performing analysis related to our products or services. We may also provide your Personal Information to agents and service providers to verify or compile aggregate usage data that we provide to our partners. When we share this information in this way, we seek to require the agent or service provider to maintain the privacy, confidentiality and security of the Personal Information
  4. Sweepstakes: We may share Personal Information with business partners or other third party sponsors of sweepstakes, contests and similar promotions.
  5. Censia Blog and Social Media Pages: Personal Information may also be disclosed by you through the Site, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including, without limitation, our Censia Blog, at http://blog.censia.com and the Social Media Pages). This information may appear in public ways, such as through search engines or other publicly available platforms, and may be “crawled” or searched by third parties. Please do not post any information that you do not want to reveal to the public at large.
  6. Business Transfers: In some cases, we may buy or sell assets or businesses. In these types of transactions, user information is typically one of the business assets that is transferred. Censia may disclose Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
  7. Protection of Censia and Others: We may release Personal Information when we believe that release is necessary or appropriate (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce or apply our conditions of use and other agreements; (e) to protect our operations or those of any of our affiliates; (f) to allow us to pursue available remedies or limit the damages that we may sustain; and (g) to protect the rights, privacy, property, or safety of Censia, our employees, our affiliates, our users, or any other person or entity. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
  8. Use and Disclose Other Information. We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we do, we will treat the combined information as Personal Information for as long as it is combined.

5. Security

We have implemented organizational, technical, and administrative measures to protect Personal Information within our organization, including security controls to prevent unauthorized access to our systems. While we take reasonable steps to secure your Personal Information from loss, misuse, interference and unauthorized access, modification and disclosure, you should be aware no security procedures or protocols are ever guaranteed to be one hundred percent (100%) secure from intrusion or hacking, and there is therefore always some risk assumed by sharing Personal Information online. You acknowledge that the technical processing and transmission of content via the Site may be transferred, unencrypted, and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, Censia is not responsible for the security of information transmitted via the Site or the Internet generally. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Questions, Concerns and Complaints” section below.

6. Accessing, Modifying, or Removing Personal Information

If you would like to access, correct, amend, remove or limit the use or disclosure of any Personal Information, please notify us at privacy@censia.com so that we may consider and respond to your request in accordance with applicable law. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. Please note that we may need to retain certain information for record keeping purposes and/or to complete any transactions that you began prior to requesting such access, change or deletion.

7. Retention of Personal Information

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

8. Choices

Except as necessary to obtain the services or information requested, you may opt out of having your Personal Information, which has been voluntarily provided by you to Censia through email, contact forms, or other online avenues, prospectively retained by Censia or used by Censia for secondary purposes. You may opt-out of receiving marketing messages from Censia or our affiliates by sending an email to privacy@censia.com by unsubscribing through the unsubscribe or opt-out link in an email. We will try to comply with your request(s) as soon as reasonably practicable. This means we assume you have given us your consent to collect and use your information in accordance with this Privacy Policy unless you take affirmative action to indicate that you do not consent. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages.

9. Children’s Use of Censia Site

The Site is not intended for or directed to persons under the age of 18, and we will not knowingly collect information from such persons. Any person who provides information to us through registration or in any other manner on the Site represents to Censia that they are 18 years of age or older. If we learn that a child under 18 has submitted personal information to us, we will attempt to delete the information as soon as possible. If you believe that we have mistakenly or unintentionally collected such information, please notify us at privacy@censia.com.

10. Third Party Sites

The Site may permit you to link to third party websites or utilize plug-ins or features of third parties on the Internet through direct links or through applications such as “Share” or “Like” buttons, and other websites likewise may contain links to our Site. The information practices or content of such other websites is governed by the privacy statements of those websites and not by this Privacy Policy. It is your sole obligation to review and understand the privacy practices and policies of all third parties, including those who operate services accessible through the Site. Similarly, please note that we are not responsible for the collection, use and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Apps or the Social Media Pages.

11. Social Media Features and Widgets

Our Site may integrate with social sharing features or other related tools which let you share actions you take on our Site with other apps, sites or media, and vice versa. These features may enable the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. These features may also collect your IP address and which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Your interaction with these features are governed by the privacy policy of the relevant platform. Please refer to the privacy policies of those social sharing services for more information.

12. Sensitive Information

You are prohibited from sending or disclosing to us any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Site or via other means.

13. California Residents

California Civil Code Section 1798.83 (also known as the “Shine The Light” law) permits users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please contact Censia at privacy@censia.com.

14. Changes to this Privacy Policy

Censia reserves the right to amend this Privacy Policy from time to time. The “Last Updated” legend at the top of this page indicates when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Site. Your use of the Site following these changes means that you accept the revised Privacy Policy.

15. International Transfer of Data

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Site or disclosing information to us you consent to the transfer of information to countries outside of your country of residence, including the United States, Australia, Germany, Ireland, Israel, Japan, and the UK, which may have different data protection rules than those of your country or the country in which you were located when you initially provided the information.

16. Questions, Concerns or Complaints

Your privacy is important to us. If you have any questions, concerns, or complaints regarding the way we collect and handle your information, please contact us by email at privacy@censia.com or by mail at 233 Post St, Level 6, San Francisco, CA, 94108 ATTN: Privacy Officer, Legal. Because email communications are not always secure, please do not include credit card information or other sensitive information in your emails to us.

Censia will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

Thank you for your interest in Censia, LLC (“Censia,” “we,” or “us”) and our website at www.censia.com (the “Site”). Please read these terms of use “(Terms of Use”) carefully before using the Site. Accessing and using the Site indicates that you accept and agree to comply with the Terms of Use. If that is not the case, do not use the Site. Censia may at any time revise these Terms of Use. You are bound by any such revision and should therefore periodically visit the page to review the then current terms to which you are bound.

1. Purpose

All information and materials on the Site are presented solely for the purpose of providing general information on Censia and promoting our products and services. Such information and materials do not constitute offers for our products and/or services, nor do they constitute advice or other instructions on the use of our products and/or services.

2. End User Subscriptions

If you are an end user subscriber with Censia, your access and use of Censia services, including services that may be accessible to subscribers through the Site, is also governed by the provisions of the End User Subscription Agreement (“EUSA”) and subscription order form entered into between you and Censia.  In the event of any conflict between these Terms of Use and the EUSA, the terms of the EUSA prevail.

3. Intellectual Property Rights

3.1 The Site is owned and operated by Censia. The Site together with any data, analytics, information, text, images, photographs, audio and video clips, designs, graphics, visual interfaces, compilations, data, computer code, logos, symbols, names, product and corporate designations, as well as all software contained in the Site and all other files, and their selection and arrangement (the “Site Content"), are subject to legal protection, in particular copyright, trademarks and design rights held by Censia, its affiliates, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without our prior written permission. In addition, no digital content whatsoever may be copied into other programs and no derivate works may be created, without the prior written approval of Censia.      

3.2 “Censia” and other trademarks, logos, characters, page headers, button icons, scripts, service names and other marks (collectively “Trademarks”) displayed on the Site are subject to the trademark and other rights of Censia or its affiliates. Our Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of Censia. Your use/misuse of Trademarks displayed on the Site, or of any other Site Content, except as provided for in the Terms of Use, is strictly prohibited.

4. Disclaimer

4.1 THE SITE, THE SITE MATERIALS, SERVICES, INFORMATION, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE "AS IS" AND “WITH ALL FAULTS.” CENSIA DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.  CENSIA DOES NOT WARRANT THAT THE ACCESS TO SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. CENSIA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.  

4.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING THE COMPUTER SYSTEM OR MOBILE DEVICE YOU USE TO ACCESS THE SITE), OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

4.3 Censia reserves the right to interrupt or discontinue any or all of the functionalities of the Site. Censia accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of the Site, irrespective of whether this is the result of actions or omissions of Censia or any of its affiliates or any third party.  

4.4 The Site may contain technical inaccuracies or typographical errors. Censia reserves the right to make changes, corrections and/or improvements to the Site Content at any time without notice.  

5. Links To and From Other Websites

The Site may contain links to other websites or feature services of third parties for the convenience of users. These third party websites and services may be available on the Site via a link, redirect, connect, "frame,” plug-ins, integrated application, or other technology, and may be recognized automatically by your browser. In order to utilize some aspects of the Site, you may have to use, accept, install, and review information, data, executables, programs, software, and other items from Censia’s third party service providers, suppliers, and licensors. To the extent applicable, these Terms shall apply, but please be aware that Censia has no control over these third parties, and that these Terms may not apply to such links and services. Censia does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your use of any third party websites or services is at your own risk, and subject to the terms and conditions of such third parties. Censia encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

6. Internet Security

Censia uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Censia will use reasonable efforts to minimize such disruption where it is within Censia’s reasonable control. You agree that Censia will not be liable to you for any modification, suspension, or discontinuance of the Site. You understand that the technical processing and transmission of any content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that Censia does not guarantee that any information sent from via the Site will be secure during transmission, nor can Censia guarantee the confidentiality of any communication or material transmitted to Censia via the Site or the internet in general, including, for example, personal information such as your name or address.

7. General Restrictions on Use

You agree to use the Site only for the purposes that are permitted by these Terms of Use and for no other purposes. All such use must be in compliance with all applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions. Without limiting the foregoing, you will not:

7.1 Access the Site by any means other than through the interface that is provided by Censia;  

7.2 Gain unauthorized access to Censia’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site or Censia’s networks and computer systems;

7.3 Access the Site through any automated means or with any automated features or devices (including the use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Site is indexed by general purpose consumer-accessible search engines, such as Google or Bing;  

7.4 Interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit access to or use of any content, or by using any account credentials that are not your own;  

7.5 Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including commercial purposes;

7.6 Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose, including commercial purposes;

7.7 Upload, post, or otherwise transmit, through the Site, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing," or any other form of solicitation, including the solicitation of users to become subscribers of other online information services competitive with Censia;

7.8 Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or other signifier owned by Censia in a way that is likely or intended to cause confusion about the owner or authorized user of materials;

7.9 Use the Site for any illegal purpose or in violation of any local, state, national, or international law.

7.10 Attempt to do any of the acts described in this Section 7, or assist, encourage, request, or permit any person to engage in any of the acts described in this Section 7.

8. Feedback

You may choose to provide us with input and suggestions regarding our Site (“Feedback”). Upon your submission to Censia of this Feedback, you grant Censia a worldwide, perpetual, irrevocable, transferable, nonexclusive, fully-paid, royalty-free license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Feedback in any manner and for any purpose, including to improve the Site and create other products and services, all without any compensation to you whatsoever.

9. Limitation of Liability

9.1 CENSIA AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE SITE MATERIALS, SERVICES, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR CENSIA HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CENSIA AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE MATERIALS, OR USER CONTENT ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, DATA, OR OTHER MATERIALS OFFERED IN CONNECTION WITH THE SITE EXCEED FIFTY DOLLARS ($50) USD. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF CENSIA AND ITS LICENSORS SHALL NOT EXCEED FIFTY DOLLARS ($50) USD. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF THESE TERMS, OR FEEL CENSIA HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

9.2 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Indemnification; Hold Harmless

You agree to indemnify, defend and hold Censia and its directors, officers, employees, agents, contractors, and licensors harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any dispute with any third party. This defense and indemnification obligation will survive these Terms and your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 10 without the prior written consent of Censia.

11. Complaint Procedures

If you believe that any content or posting on the Site violates your intellectual property or other rights, please notify Censia at privacy@censia.com, providing a comprehensive, detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate, and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

12. Disputes and Governing Law

Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in San Francisco, California, unless Censia elects otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Pennsylvania. The arbitrator shall not be bound by rulings in prior arbitrations involving different Censia users, but is bound by rulings in prior arbitrations involving the same Censia user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, Censia will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Censia should be submitted by mail to the AAA along with your demand for arbitration and Censia will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Censia will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Censia for all fees associated with the arbitration paid by Censia on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

You can choose to reject this agreement to arbitrate by mailing Censia a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Censia account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Censia.

13. General

The failure of Censia to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of any such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The invalidity or unenforceability of any provision of the Terms of Use does not affect or impair in any way the validity, legality and enforceability of the remaining provisions contained herein. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” Upon termination of these Terms for any reason, Sections 3, 4, 7, 8, 9, 10, 12, 13, and 15 will survive.

14. Consent to Electronic Communications

You consent to receive certain electronic communications from us as further described in our Privacy Policy.

15. Privacy Policy

Please read the Censia Privacy Policy for information relating to our collection, use, storage and disclosure of information we collect about you. The Censia Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

16. Contact Information

The Site is controlled by Censia, LLC located at 233 Post St, Suite 600, San Francisco, California 94108. You may contact us by sending correspondence to that address or by emailing us at privacy@censia.com.

Copyright © 2018 Censia, LLC. All rights reserved.

Thank you for your interest in Censia, LLC (“Censia,” “we,” or “us”) and our website at www.censia.com (the “Site”). Please read these terms of use “(Terms of Use”) carefully before using the Site. Accessing and using the Site indicates that you accept and agree to comply with the Terms of Use. If that is not the case, do not use the Site. Censia may at any time revise these Terms of Use. You are bound by any such revision and should therefore periodically visit the page to review the then current terms to which you are bound.

1. Purpose

All information and materials on the Site are presented solely for the purpose of providing general information on Censia and promoting our products and services. Such information and materials do not constitute offers for our products and/or services, nor do they constitute advice or other instructions on the use of our products and/or services.

2. End User Subscriptions

If you are an end user subscriber with Censia, your access and use of Censia services, including services that may be accessible to subscribers through the Site, is also governed by the provisions of the End User Subscription Agreement (“EUSA”) and subscription order form entered into between you and Censia.  In the event of any conflict between these Terms of Use and the EUSA, the terms of the EUSA prevail.

3. Intellectual Property Rights

3.1 The Site is owned and operated by Censia. The Site together with any data, analytics, information, text, images, photographs, audio and video clips, designs, graphics, visual interfaces, compilations, data, computer code, logos, symbols, names, product and corporate designations, as well as all software contained in the Site and all other files, and their selection and arrangement (the “Site Content"), are subject to legal protection, in particular copyright, trademarks and design rights held by Censia, its affiliates, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without our prior written permission. In addition, no digital content whatsoever may be copied into other programs and no derivate works may be created, without the prior written approval of Censia.      

3.2 “Censia” and other trademarks, logos, characters, page headers, button icons, scripts, service names and other marks (collectively “Trademarks”) displayed on the Site are subject to the trademark and other rights of Censia or its affiliates. Our Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of Censia. Your use/misuse of Trademarks displayed on the Site, or of any other Site Content, except as provided for in the Terms of Use, is strictly prohibited.

4. Disclaimer

4.1 THE SITE, THE SITE MATERIALS, SERVICES, INFORMATION, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE "AS IS" AND “WITH ALL FAULTS.” CENSIA DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.  CENSIA DOES NOT WARRANT THAT THE ACCESS TO SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. CENSIA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.  

4.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING THE COMPUTER SYSTEM OR MOBILE DEVICE YOU USE TO ACCESS THE SITE), OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

4.3 Censia reserves the right to interrupt or discontinue any or all of the functionalities of the Site. Censia accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of the Site, irrespective of whether this is the result of actions or omissions of Censia or any of its affiliates or any third party.  

4.4 The Site may contain technical inaccuracies or typographical errors. Censia reserves the right to make changes, corrections and/or improvements to the Site Content at any time without notice.  

5. Links To and From Other Websites

The Site may contain links to other websites or feature services of third parties for the convenience of users. These third party websites and services may be available on the Site via a link, redirect, connect, "frame,” plug-ins, integrated application, or other technology, and may be recognized automatically by your browser. In order to utilize some aspects of the Site, you may have to use, accept, install, and review information, data, executables, programs, software, and other items from Censia’s third party service providers, suppliers, and licensors. To the extent applicable, these Terms shall apply, but please be aware that Censia has no control over these third parties, and that these Terms may not apply to such links and services. Censia does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your use of any third party websites or services is at your own risk, and subject to the terms and conditions of such third parties. Censia encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

6. Internet Security

Censia uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Censia will use reasonable efforts to minimize such disruption where it is within Censia’s reasonable control. You agree that Censia will not be liable to you for any modification, suspension, or discontinuance of the Site. You understand that the technical processing and transmission of any content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that Censia does not guarantee that any information sent from via the Site will be secure during transmission, nor can Censia guarantee the confidentiality of any communication or material transmitted to Censia via the Site or the internet in general, including, for example, personal information such as your name or address.

7. General Restrictions on Use

You agree to use the Site only for the purposes that are permitted by these Terms of Use and for no other purposes. All such use must be in compliance with all applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions. Without limiting the foregoing, you will not:

7.1 Access the Site by any means other than through the interface that is provided by Censia;  

7.2 Gain unauthorized access to Censia’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site or Censia’s networks and computer systems;

7.3 Access the Site through any automated means or with any automated features or devices (including the use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Site is indexed by general purpose consumer-accessible search engines, such as Google or Bing;  

7.4 Interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit access to or use of any content, or by using any account credentials that are not your own;  

7.5 Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including commercial purposes;

7.6 Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose, including commercial purposes;

7.7 Upload, post, or otherwise transmit, through the Site, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing," or any other form of solicitation, including the solicitation of users to become subscribers of other online information services competitive with Censia;

7.8 Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or other signifier owned by Censia in a way that is likely or intended to cause confusion about the owner or authorized user of materials;

7.9 Use the Site for any illegal purpose or in violation of any local, state, national, or international law.

7.10 Attempt to do any of the acts described in this Section 7, or assist, encourage, request, or permit any person to engage in any of the acts described in this Section 7.

8. Feedback

You may choose to provide us with input and suggestions regarding our Site (“Feedback”). Upon your submission to Censia of this Feedback, you grant Censia a worldwide, perpetual, irrevocable, transferable, nonexclusive, fully-paid, royalty-free license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Feedback in any manner and for any purpose, including to improve the Site and create other products and services, all without any compensation to you whatsoever.

9. Limitation of Liability

9.1 CENSIA AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE SITE MATERIALS, SERVICES, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR CENSIA HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CENSIA AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE MATERIALS, OR USER CONTENT ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, DATA, OR OTHER MATERIALS OFFERED IN CONNECTION WITH THE SITE EXCEED FIFTY DOLLARS ($50) USD. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF CENSIA AND ITS LICENSORS SHALL NOT EXCEED FIFTY DOLLARS ($50) USD. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF THESE TERMS, OR FEEL CENSIA HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

9.2 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Indemnification; Hold Harmless

You agree to indemnify, defend and hold Censia and its directors, officers, employees, agents, contractors, and licensors harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any dispute with any third party. This defense and indemnification obligation will survive these Terms and your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 10 without the prior written consent of Censia.

11. Complaint Procedures

If you believe that any content or posting on the Site violates your intellectual property or other rights, please notify Censia at privacy@censia.com, providing a comprehensive, detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate, and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

12. Disputes and Governing Law

Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in San Francisco, California, unless Censia elects otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Pennsylvania. The arbitrator shall not be bound by rulings in prior arbitrations involving different Censia users, but is bound by rulings in prior arbitrations involving the same Censia user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, Censia will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Censia should be submitted by mail to the AAA along with your demand for arbitration and Censia will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Censia will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Censia for all fees associated with the arbitration paid by Censia on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

You can choose to reject this agreement to arbitrate by mailing Censia a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Censia account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Censia.

13. General

The failure of Censia to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of any such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The invalidity or unenforceability of any provision of the Terms of Use does not affect or impair in any way the validity, legality and enforceability of the remaining provisions contained herein. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” Upon termination of these Terms for any reason, Sections 3, 4, 7, 8, 9, 10, 12, 13, and 15 will survive.

14. Consent to Electronic Communications

You consent to receive certain electronic communications from us as further described in our Privacy Policy.

15. Privacy Policy

Please read the Censia Privacy Policy for information relating to our collection, use, storage and disclosure of information we collect about you. The Censia Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

16. Contact Information

The Site is controlled by Censia, LLC located at 233 Post St, Suite 600, San Francisco, California 94108. You may contact us by sending correspondence to that address or by emailing us at privacy@censia.com.

Copyright © 2018 Censia, Inc. All rights reserved.

Privacy Policy

Welcome to the Censia website (the “Site”). The Site is operated by Censia, LLC (“Censia”, “we”, “our”, and “us”) and is accessible at www.censia.com. This Privacy Policy describes Censia’s practices with information collected through the Site. This Privacy Policy only addresses information collected directly through or from the Site – it does not address or govern any information-gathering, use, or dissemination practices related to information collected from you other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.

This Privacy Policy does not apply to information that we collect from our subscribers through other avenues, such as any Apps made available for use by subscribers. Such information is governed by the terms of the applicable services agreement, rather than this Privacy Policy.

By providing personal information to Censia or by using the Site, you agree to the terms and conditions of this Privacy Policy. If you have any questions concerning this Privacy Policy or would like to request a copy of this Privacy Policy, please contact us at privacy@censia.com.

1. Deifinitions

  • Personal Information. “Personal Information” is information that identifies you as an individual or relates to an identifiable individual, including: name, title, company name, job function, expertise, postal address, telephone number, or email address. If you submit any Personal Information relating to other people to us or to our service providers in connection with the Site, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.
  • Other Information. “Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. This might include, for instance, browser and device information; application usage data; information collected through cookies, pixel tags, and other technologies; demographic information and other information provided by you; or aggregated information. We use this information to facilitate our operation of the Site and for other purposes described below.
  • IP Address: Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever you access the Site, along with the time of the visit and the page(s) that you visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. Censia uses IP Addresses to calculate usage levels of the Site, help diagnose problems with its servers, administer the Site, and monitoring the regions from which you navigate to Censia’s Site.

2. Collection of Information

Except as specifically set forth herein, Censia may collect Personal Information and Other Information in a variety of ways, including:

(a) PERSONAL INFORMATION
  1. Through the Site: We may collect Personal Information knowingly provided by users through the Site. Examples of this include when you request a free demo, download content from the Site, subscribe to the newsletter, or register for a webinar on our Site. We may also collect your email address(es) when you communicate with us via email. We may also collect your Personal Information when it is knowingly provided by you via other digital properties that are expressly subject to this Privacy Policy, such as sweepstakes, contests, and other digital promotions. Censia may also use Internet cookies and other identifiers or methods of web analysis (such as Google Analytics) to gather, store, and track certain information related to your visit to and activity on the Site. If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. Censia does not override these settings or options and encourages you to use them to enhance your choices and personalize your experiences. However, in order to access certain content, features, services, products, or benefits on the Site, you may be required to provide Censia with certain information, including some types of personally identifying information such as your email, your address, and your phone number. If you do not wish to provide such information through the Site or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products, or benefits of the Site.
  2. Offline. Censia may also collect Personal Information from you offline, such as when you attend one of our events, or during phone calls with sales representatives, or when you contact customer service.
  3. Through You. Censia may collect information such as your location or your preferred means of communication when you voluntarily provide it. Unless combined with Personal Information, this information does not personally identify you or any other user of the Site.
  4. Information from Other Sources. In order to enhance our ability to provide relevant marketing, offers, and services to you, we may obtain Personal Information about you from other sources, such as public databases, joint marketing partners, social media platforms, as well as from other third parties.
(b) Other Information
  1. Through Your Browser or Device. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Sites (such as the Apps) you are using.
  2. Through Your Use of the Apps. When you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
  3. Through Cookies and Other Similar Technologies: We use cookies and other similar technologies (such as actions tags, also known as beacons, or pixels tags) for a number of purposes including to remember preferences, track conversions, conduct marketing and promotional efforts, analyze site traffic and trends, and generally understand the online behaviors and interests of people who interact with our Site. To learn how to manage privacy and storage settings for Flash Cookies, click here. We use third-party advertising companies to serve advertisements on our behalf or to provide advertising-related services. These companies may use a cookie, action tag or similar files, to tailor the advertisements you see on this Site and other sites, to track your response to their advertisement, to determine whether advertising has been served and to measure the effectiveness of their advertising or to award incentives or points to their members who respond to their advertisements. The cookies, action tags or similar files do not contain any Personal Information. You can learn more about targeted advertising, its benefits and your choices by going to the Digital Advertising Alliance (“DAA”) site at http://www.aboutads.info/consumers/. The targeted advertising companies we work with are members of the Network Advertising Initiative (“NAI”) or the DAA. The NAI and the DAA allow you to limit targeted advertising from its members by using an opt-out tool available on the NAI website at networkadvertising.org or the DAA’s site. If you are located in the EU, you can review the following website: http://www.youronlinechoices.eu.
  4. Through Web Analytics Services. Censia also uses web analytics services, which currently include Google Analytics. Google Analytics is a web analytics service provided by Google Inc. Google Analytics uses cookies and similar technologies to gather, store, analyze, and track certain information related to your visit and activity on the Site. The information generated about Domain usage (including your shortened IP address) is transmitted to Google in the U.S. This information is used to evaluate visitors’ use of the Domain, compile statistical reports on Domain activity, and provide other services related to the Site and Internet use. Google may also collect information about Domain visitors’ use of other websites. For more information about Google Analytics, or to opt out of Google Analytics, please go to: https://tools.google.com/dlpage/gaoptout. We may also collect information that we request from you regarding your use of our service or that we collect automatically about your visit to our sites. For a full list of our analytics services, please contact us at privacy@censia.com.

3. Use of Personal Information

Personal information collected by Censia may be used by Censia for several general purposes including, but not limited to, the following purposes:

  • To respond to your inquiries and to fulfill your requests;
  • To provide you with information about the Site, service information, and news;
  • To support the Site and services offered on or through the Site;
  • To contact you about our services, including for feedback and to send you important information regarding our relationship with you or regarding the Site, technical updates, changes to our terms, conditions, and policies, and other administrative information;
  • To provide you with customer services;
  • To contact you for marketing and promotional purposes, including to promote our products and services, and the products and services of our third party business partners;
  • To conduct research about Censia’s customer base or services;
  • To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so please read those rules carefully;
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Site and services, identifying usage trends, personalizing your experience on the Site by presenting products and offers tailored to you, determining the effectiveness of our promotional campaigns and operating and expanding our business activities; and
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

We may use Other Information such as demographic and aggregate data to analyze and develop our marketing strategy and to further improve the Site and our services.

4. Information Sharing and Disclosure

We will not sell or rent your Personal Information to third parties except as described in this Privacy Policy. We may, however, disclose your Personal Information to other companies or people under any of the following circumstances:

  1. Subsidiaries and Affiliates. We may disclose Personal Information to our Subsidiaries and Affiliates for the purposes described in this Privacy Policy. Censia, LLC is the party responsible for the management of the jointly-used Personal Information.
  2. Third-Party Business Partners: Censia partners with a variety of businesses and works closely with them to market or sell products or services. In certain situations, these businesses operate within the Site. We may disclose Personal Information to our partners for the purposes described above. Some of our third-party business partners may co-sponsor events and other offerings with Censia. We may share Personal Information with these co-sponsors when you sign up for events or offerings to allow our partners to send you marketing communications and information that may be of interest to you, as permitted under applicable law.
  3. Agents and Service Providers: We contract with other companies and people to perform tasks on our behalf and may share your Personal Information with them to provide products or services to you, or to otherwise communicate with you, such as to provide marketing or offers on our behalf. Examples may include removing repetitive information from customer lists, analyzing data, providing marketing assistance, conducting billing, processing credit card payments, engaging technical support for our services, providing customer service, and performing analysis related to our products or services. We may also provide your Personal Information to agents and service providers to verify or compile aggregate usage data that we provide to our partners. When we share this information in this way, we seek to require the agent or service provider to maintain the privacy, confidentiality and security of the Personal Information
  4. Sweepstakes: We may share Personal Information with business partners or other third party sponsors of sweepstakes, contests and similar promotions.
  5. Censia Blog and Social Media Pages: Personal Information may also be disclosed by you through the Site, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including, without limitation, our Censia Blog, at http://blog.censia.com and the Social Media Pages). This information may appear in public ways, such as through search engines or other publicly available platforms, and may be “crawled” or searched by third parties. Please do not post any information that you do not want to reveal to the public at large.
  6. Business Transfers: In some cases, we may buy or sell assets or businesses. In these types of transactions, user information is typically one of the business assets that is transferred. Censia may disclose Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
  7. Protection of Censia and Others: We may release Personal Information when we believe that release is necessary or appropriate (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce or apply our conditions of use and other agreements; (e) to protect our operations or those of any of our affiliates; (f) to allow us to pursue available remedies or limit the damages that we may sustain; and (g) to protect the rights, privacy, property, or safety of Censia, our employees, our affiliates, our users, or any other person or entity. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
  8. Use and Disclose Other Information. We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we do, we will treat the combined information as Personal Information for as long as it is combined.

5. Security

We have implemented organizational, technical, and administrative measures to protect Personal Information within our organization, including security controls to prevent unauthorized access to our systems. While we take reasonable steps to secure your Personal Information from loss, misuse, interference and unauthorized access, modification and disclosure, you should be aware no security procedures or protocols are ever guaranteed to be one hundred percent (100%) secure from intrusion or hacking, and there is therefore always some risk assumed by sharing Personal Information online. You acknowledge that the technical processing and transmission of content via the Site may be transferred, unencrypted, and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, Censia is not responsible for the security of information transmitted via the Site or the Internet generally. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Questions, Concerns and Complaints” section below.

6. Accessing, Modifying, or Removing Personal Information

If you would like to access, correct, amend, remove or limit the use or disclosure of any Personal Information, please notify us at privacy@censia.com so that we may consider and respond to your request in accordance with applicable law. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. Please note that we may need to retain certain information for record keeping purposes and/or to complete any transactions that you began prior to requesting such access, change or deletion.

7. Retention of Personal Information

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

8. Choices

Except as necessary to obtain the services or information requested, you may opt out of having your Personal Information, which has been voluntarily provided by you to Censia through email, contact forms, or other online avenues, prospectively retained by Censia or used by Censia for secondary purposes. You may opt-out of receiving marketing messages from Censia or our affiliates by sending an email to privacy@censia.com by unsubscribing through the unsubscribe or opt-out link in an email. We will try to comply with your request(s) as soon as reasonably practicable. This means we assume you have given us your consent to collect and use your information in accordance with this Privacy Policy unless you take affirmative action to indicate that you do not consent. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages.

9. Children’s Use of Censia Site

The Site is not intended for or directed to persons under the age of 18, and we will not knowingly collect information from such persons. Any person who provides information to us through registration or in any other manner on the Site represents to Censia that they are 18 years of age or older. If we learn that a child under 18 has submitted personal information to us, we will attempt to delete the information as soon as possible. If you believe that we have mistakenly or unintentionally collected such information, please notify us at privacy@censia.com.

10. Third Party Sites

The Site may permit you to link to third party websites or utilize plug-ins or features of third parties on the Internet through direct links or through applications such as “Share” or “Like” buttons, and other websites likewise may contain links to our Site. The information practices or content of such other websites is governed by the privacy statements of those websites and not by this Privacy Policy. It is your sole obligation to review and understand the privacy practices and policies of all third parties, including those who operate services accessible through the Site. Similarly, please note that we are not responsible for the collection, use and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Apps or the Social Media Pages.

11. Social Media Features and Widgets

Our Site may integrate with social sharing features or other related tools which let you share actions you take on our Site with other apps, sites or media, and vice versa. These features may enable the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. These features may also collect your IP address and which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Your interaction with these features are governed by the privacy policy of the relevant platform. Please refer to the privacy policies of those social sharing services for more information.

12. Sensitive Information

You are prohibited from sending or disclosing to us any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Site or via other means.

13. California Residents

California Civil Code Section 1798.83 (also known as the “Shine The Light” law) permits users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please contact Censia at privacy@censia.com.

14. Changes to this Privacy Policy

Censia reserves the right to amend this Privacy Policy from time to time. The “Last Updated” legend at the top of this page indicates when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Site. Your use of the Site following these changes means that you accept the revised Privacy Policy.

15. International Transfer of Data

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Site or disclosing information to us you consent to the transfer of information to countries outside of your country of residence, including the United States, Australia, Germany, Ireland, Israel, Japan, and the UK, which may have different data protection rules than those of your country or the country in which you were located when you initially provided the information.

16. Questions, Concerns or Complaints

Your privacy is important to us. If you have any questions, concerns, or complaints regarding the way we collect and handle your information, please contact us by email at privacy@censia.com or by mail at 233 Post St, Level 6, San Francisco, CA, 94108 ATTN: Privacy Officer, Legal. Because email communications are not always secure, please do not include credit card information or other sensitive information in your emails to us.

Censia will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

Terms of Use

Thank you for your interest in Censia, LLC (“Censia,” “we,” or “us”) and our website at www.censia.com (the “Site”). Please read these terms of use “(Terms of Use”) carefully before using the Site. Accessing and using the Site indicates that you accept and agree to comply with the Terms of Use. If that is not the case, do not use the Site. Censia may at any time revise these Terms of Use. You are bound by any such revision and should therefore periodically visit the page to review the then current terms to which you are bound.

1. Purpose

All information and materials on the Site are presented solely for the purpose of providing general information on Censia and promoting our products and services. Such information and materials do not constitute offers for our products and/or services, nor do they constitute advice or other instructions on the use of our products and/or services.

2. End User Subscriptions

If you are an end user subscriber with Censia, your access and use of Censia services, including services that may be accessible to subscribers through the Site, is also governed by the provisions of the End User Subscription Agreement (“EUSA”) and subscription order form entered into between you and Censia.  In the event of any conflict between these Terms of Use and the EUSA, the terms of the EUSA prevail.

3. Intellectual Property Rights

3.1 The Site is owned and operated by Censia. The Site together with any data, analytics, information, text, images, photographs, audio and video clips, designs, graphics, visual interfaces, compilations, data, computer code, logos, symbols, names, product and corporate designations, as well as all software contained in the Site and all other files, and their selection and arrangement (the “Site Content"), are subject to legal protection, in particular copyright, trademarks and design rights held by Censia, its affiliates, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without our prior written permission. In addition, no digital content whatsoever may be copied into other programs and no derivate works may be created, without the prior written approval of Censia.      

3.2 “Censia” and other trademarks, logos, characters, page headers, button icons, scripts, service names and other marks (collectively “Trademarks”) displayed on the Site are subject to the trademark and other rights of Censia or its affiliates. Our Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of Censia. Your use/misuse of Trademarks displayed on the Site, or of any other Site Content, except as provided for in the Terms of Use, is strictly prohibited.

4. Disclaimer

4.1 THE SITE, THE SITE MATERIALS, SERVICES, INFORMATION, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE "AS IS" AND “WITH ALL FAULTS.” CENSIA DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.  CENSIA DOES NOT WARRANT THAT THE ACCESS TO SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. CENSIA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.  

4.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING THE COMPUTER SYSTEM OR MOBILE DEVICE YOU USE TO ACCESS THE SITE), OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

4.3 Censia reserves the right to interrupt or discontinue any or all of the functionalities of the Site. Censia accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of the Site, irrespective of whether this is the result of actions or omissions of Censia or any of its affiliates or any third party.  

4.4 The Site may contain technical inaccuracies or typographical errors. Censia reserves the right to make changes, corrections and/or improvements to the Site Content at any time without notice.  

5. Links To and From Other Websites

The Site may contain links to other websites or feature services of third parties for the convenience of users. These third party websites and services may be available on the Site via a link, redirect, connect, "frame,” plug-ins, integrated application, or other technology, and may be recognized automatically by your browser. In order to utilize some aspects of the Site, you may have to use, accept, install, and review information, data, executables, programs, software, and other items from Censia’s third party service providers, suppliers, and licensors. To the extent applicable, these Terms shall apply, but please be aware that Censia has no control over these third parties, and that these Terms may not apply to such links and services. Censia does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your use of any third party websites or services is at your own risk, and subject to the terms and conditions of such third parties. Censia encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

6. Internet Security

Censia uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Censia will use reasonable efforts to minimize such disruption where it is within Censia’s reasonable control. You agree that Censia will not be liable to you for any modification, suspension, or discontinuance of the Site. You understand that the technical processing and transmission of any content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that Censia does not guarantee that any information sent from via the Site will be secure during transmission, nor can Censia guarantee the confidentiality of any communication or material transmitted to Censia via the Site or the internet in general, including, for example, personal information such as your name or address.

7. General Restrictions on Use

You agree to use the Site only for the purposes that are permitted by these Terms of Use and for no other purposes. All such use must be in compliance with all applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions. Without limiting the foregoing, you will not:

7.1 Access the Site by any means other than through the interface that is provided by Censia;  

7.2 Gain unauthorized access to Censia’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site or Censia’s networks and computer systems;

7.3 Access the Site through any automated means or with any automated features or devices (including the use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Site is indexed by general purpose consumer-accessible search engines, such as Google or Bing;  

7.4 Interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit access to or use of any content, or by using any account credentials that are not your own;  

7.5 Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including commercial purposes;

7.6 Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose, including commercial purposes;

7.7 Upload, post, or otherwise transmit, through the Site, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing," or any other form of solicitation, including the solicitation of users to become subscribers of other online information services competitive with Censia;

7.8 Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or other signifier owned by Censia in a way that is likely or intended to cause confusion about the owner or authorized user of materials;

7.9 Use the Site for any illegal purpose or in violation of any local, state, national, or international law.

7.10 Attempt to do any of the acts described in this Section 7, or assist, encourage, request, or permit any person to engage in any of the acts described in this Section 7.

8. Feedback

You may choose to provide us with input and suggestions regarding our Site (“Feedback”). Upon your submission to Censia of this Feedback, you grant Censia a worldwide, perpetual, irrevocable, transferable, nonexclusive, fully-paid, royalty-free license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Feedback in any manner and for any purpose, including to improve the Site and create other products and services, all without any compensation to you whatsoever.

9. Limitation of Liability

9.1 CENSIA AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE SITE MATERIALS, SERVICES, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR CENSIA HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CENSIA AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE MATERIALS, OR USER CONTENT ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, DATA, OR OTHER MATERIALS OFFERED IN CONNECTION WITH THE SITE EXCEED FIFTY DOLLARS ($50) USD. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF CENSIA AND ITS LICENSORS SHALL NOT EXCEED FIFTY DOLLARS ($50) USD. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF THESE TERMS, OR FEEL CENSIA HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

9.2 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Indemnification; Hold Harmless

You agree to indemnify, defend and hold Censia and its directors, officers, employees, agents, contractors, and licensors harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any dispute with any third party. This defense and indemnification obligation will survive these Terms and your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 10 without the prior written consent of Censia.

11. Complaint Procedures

If you believe that any content or posting on the Site violates your intellectual property or other rights, please notify Censia at privacy@censia.com, providing a comprehensive, detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate, and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

12. Disputes and Governing Law

Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in San Francisco, California, unless Censia elects otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Pennsylvania. The arbitrator shall not be bound by rulings in prior arbitrations involving different Censia users, but is bound by rulings in prior arbitrations involving the same Censia user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, Censia will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Censia should be submitted by mail to the AAA along with your demand for arbitration and Censia will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Censia will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Censia for all fees associated with the arbitration paid by Censia on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

You can choose to reject this agreement to arbitrate by mailing Censia a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Censia account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Censia.

13. General

The failure of Censia to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of any such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The invalidity or unenforceability of any provision of the Terms of Use does not affect or impair in any way the validity, legality and enforceability of the remaining provisions contained herein. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” Upon termination of these Terms for any reason, Sections 3, 4, 7, 8, 9, 10, 12, 13, and 15 will survive.

14. Consent to Electronic Communications

You consent to receive certain electronic communications from us as further described in our Privacy Policy.

15. Privacy Policy

Please read the Censia Privacy Policy for information relating to our collection, use, storage and disclosure of information we collect about you. The Censia Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

16. Contact Information

The Site is controlled by Censia, LLC located at 233 Post St, Suite 600, San Francisco, California 94108. You may contact us by sending correspondence to that address or by emailing us at privacy@censia.com.

Copyright © 2018 Censia, LLC. All rights reserved.