TERMS OF SERVICE PRIVACY ADDENDUM

EFFECTIVE AS OF JULY 9TH, 2016

UnifyCloud, LLC. (“UnifyCloud”) is committed to protecting the privacy and security of individuals and entities and their respective information and data who register to use and otherwise purchase the right to access and use the Purchased Products (“Customers”, “you” or “your”). This Terms of Service Privacy Addendum (“Addendum”) describes UnifyCloud’s collection and use of data and information, including Your Data and your Personally Identifiable Information (defined below), collected from or provided by you via UnifyCloud’s website, including all associated webpages, at http://www.cloudatlasinc.com/ (collectively, the “Web Site”) or in connection with your use of or access to the Purchased Products. Capitalized terms not otherwise defined herein shall have the meaning attributable to them in the Terms of Service. By agreeing to the Terms of Service or otherwise using or accessing the Products you hereby agree to be bound by the terms and conditions set forth in this Addendum as well.

Except as set forth herein (or the Privacy Policy, as appropriate), each Customer’s personally identifiable information, including, first and last names, email addresses, street addresses and/or telephone numbers (“Personally Identifiable Information”) will not be shared or distributed by UnifyCloud with any third party entity or organization. In accessing the Web Site or otherwise providing UnifyCloud with Personally Identifiable Information, you understand and agree that UnifyCloud may use your Personally Identifiable Information provided to or collected by UnifyCloud subject to the terms of the Privacy Policy and this Addendum.

This Addendum governs UnifyCloud’s use, processing, storage, maintenance, transmission, collection and/or handling of data, material or information, including Personally Identifiable Information, provided to UnifyCloud by you or any of your Authorized Users in connection with the purchase of any Products (including any Purchased Products) or otherwise collected or acquired by or provided to UnifyCloud in connection with UnifyCloud’s performance or provision of the Products. UnifyCloud’s use, processing, storage, maintenance, transmission, collection and/or handling of Personally Identifiable Information or other data submitted, transmitted or provided or disclosed to UnifyCloud in any other manner, including, but not limited to, any such information or data collected while navigating the Web Site, is governed by the Privacy Policy, available at
http://www.cloudatlasinc.com/privacy-policy 

1. WHAT INFORMATION DOES UNIFYCLOUD COLLECT FROM ITS CUSTOMERS AND WHEN DOES IT DO SO?

When registering to use the Purchased Products (including in connection with the creation of an Account) or in connection with the submission of an Order Form, UnifyCloud requires you to provide UnifyCloud with personal contact information, such as name, company name, address, phone number, and email address, which information includes Personally Identifiable Information (“Required Contact Information”). When purchasing any Products, UnifyCloud may require you to provide the Company with financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Purchased Products (“Billing Information”). UnifyCloud may also ask you to provide additional information, such as company annual revenues, number of employees, or industry (“Optional Information”). Required Contact Information, Billing Information, and Optional Information about Customers are referred to collectively as “Data About UnifyCloud Customers”.

UnifyCloud also collects certain Service Analyses for the reasons set forth in the Terms of Service, and may collect your Keys or other credentials, if provided by you to UnifyCloud.

Additionally, UnifyCloud may collect your Personally Identifiable Information when you:

  • Submit a service request or a technical support question to an employee or agent of UnifyCloud; or
  • Otherwise expressly provide UnifyCloud with your Personally Identifiable Information.

2. HOW DOES UNIFYCLOUD USE THE INFORMATION THAT IT COLLECTS?

UnifyCloud uses Data About UnifyCloud Customers to perform its obligations and duties and otherwise provide you with the Purchased Products. UnifyCloud may also use Data About UnifyCloud
Customers for marketing purposes, such as to provide you with information concerning other Products that you may be interested in.
UnifyCloud uses credit card information solely to check the financial qualifications and collect payment from prospective Customers and Customers.


In addition, UnifyCloud may use your Personally Identifiable Information for the following purposes:

  • To respond to your service requests or technical support questions;
  • To verify that you are an Account holder or to provide you details about your Account and who are your Authorized Users;
  • To provide you with personalized information about UnifyCloud.
In addition to the foregoing, UnifyCloud may need to disclose Personally Identifiable Information when required by law or if UnifyCloud has a good-faith belief that the action is necessary to comply with a pending judicial proceeding, a court order or legal process served on UnifyCloud or to protect its rights or the rights of others, to fight fraud, identity theft, to ensure the integrity and operation of UnifyCloud’s business and systems, or to protect the rights, property or safety of UnifyCloud, its partners, employees, representatives or others.
UnifyCloud uses your Keys only to allow it access to your applications and/or technology infrastructure as needed for UnifyCloud to perform its obligations and duties in providing the Purchased Products. UnifyCloud does not share your Keys with other third parties without your written consent.
Your Data may be electronically submitted via the Purchased Products for hosting and processing purposes. UnifyCloud will not review, share, distribute, or reference any such data except as provided in the UnifyCloud Terms of Service, or as may be required by law.
In accordance with the UnifyCloud Terms of Service, UnifyCloud may compile Service Analyses. UnifyCloud may, in its sole discretion, make Service Analyses publicly available and/or otherwise distribute, disclose, share or sell same. However, UnifyCloud will use commercially reasonable efforts to ensure Service Analyses do not incorporate Your Data in a form that could serve to identify you or any individual.
In addition, UnifyCloud may access, process, maintain, transmit, prepare derivative works of, store and/or use Your Data for the purpose of providing the Purchased Product, preventing or addressing service or technical problems at a Customer’s request in connection with customer support matters, or as may be required by law.


3. WHAT WEB SITE NAVIGATIONAL INFORMATION DOES UNIFYCLOUD COLLECT AND HOW IS THIS INFORMATION USED?

Please see the Privacy Policy for a detailed discussion of the types of Navigational Information UnifyCloud collects and how this information is used. In addition to the items discussed in the Privacy Policy, please note the following:
  • Please note that if you disable your Web browser’s ability to accept cookies, you will be able to navigate the Company’s Web sites, but you will not be able to successfully use the Purchased Products
  • Certain cookies are required in order for you to use the Purchased Products. If you have chosen to identify yourself to UnifyCloud, UnifyCloud uses cookies containing encrypted information to allow it to uniquely identify you. Each time you log into the Purchased Products, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These cookies allow UnifyCloud to uniquely identify you when you are logged into the Purchased Products and to process your online transactions and requests. There is no way to opt out of these cookies, as they are essential to the operation of the Purchased Products;
  • Because required cookies are essential to operate the Company’s Web sites and the Services, there is no option to opt out of these cookies;
  • Functionality cookies allow UnifyCloud’s Web Site to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of the Purchased Products after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. These cookies also help UnifyCloud understand how you use your Purchased Products; and
  • UnifyCloud collects IP addresses from Customers when they log into the Purchased Products as part of its security features.


4. HOW DOES UNIFYCLOUD SHARE THE INFORMATION THAT IT COLLECTS?

Service Providers:UnifyCloud may share Data About UnifyCloud Customers with UnifyCloud’s contracted service providers so that these service providers can provide services on our behalf. UnifyCloud may also share Data About UnifyCloud Customers with UnifyCloud’s service providers to ensure the quality of information provided. Unless described in this Addendum or the Privacy Policy, UnifyCloud does not share, sell, rent, or trade any information with third parties for their promotional purposes.
Business Partners:From time to time, UnifyCloud may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly-offered product or service from UnifyCloud, UnifyCloud may share Data About UnifyCloud Customers collected in connection with your purchase or expression of interest with our joint promotion partner(s). UnifyCloud does not control our business partners’ use of the Data About UnifyCloud Customers we collect, and their use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or service.
Billing:UnifyCloud uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on UnifyCloud’s behalf.
Compelled Disclosure:UnifyCloud reserves the right to use or disclose information provided if required by law or if UnifyCloud reasonably believes that use or disclosure is necessary to protect UnifyCloud’s rights and/or to comply with a judicial proceeding, court order, or legal process.
Service Analyses:As set forth above, UnifyCloud may share and disclose Service Analyses with third parties, in its sole discretion.

5. IS INFORMATION HANDLED OR TRANSFERRED INTERNATIONALLY?
To facilitate UnifyCloud’s global operations, UnifyCloud may transfer and access Data About UnifyCloud Customers from around the world, including the United States. This Addendum shall apply even if UnifyCloud transfers or accesses such data or information to or in other countries. By providing Data About UnifyCloud Customers, you acknowledge and agree that such data and information can be stored for the purposes identified in this Privacy Policy. UnifyCloud processes and stores Data About UnifyCloud Customers in the United States and such data or information may be stored on servers located outside your residential jurisdiction and which may have less stringent privacy practices than your own. If you provide UnifyCloud with Data About UnifyCloud Customers, such action constitutes your consent to the transfer of your data outside of your country and to the United States.

6. CAN A CUSTOMER CHANGE HIS OR HER COMMUNICATIONS PREFERENCES?
UnifyCloud offers Customers who provide contact information a means to choose how the UnifyCloud uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of UnifyCloud’s marketing emails. Additionally, you may send a request specifying your communications preferences to info@unifycloud.com.
Customers may update or change their registration information or Account information by editing their user or company record. To update a user profile, please login to the Cloud Infrastructure Service with your CloudAtlas username and password and click “Setup.” To update Billing Information, have your email or registration information deleted, discontinue your account or have information you maintained in connection with the Purchased Products returned to you, please email info@unifycloud.com. Requests to access, change, or delete your information will be handled within 30 days.

7. HOW DOES UNIFYCLOUD PROTECT DATA AND INFORMATION PROVIDED BY CUSTOMERS, INCLUDING DATA ABOUT UNIFYCLOUD CUSTOMERS?
UnifyCloud uses commercially reasonable measures to protect Your Data from unauthorized disclosure or from being obtained in an unauthorized manner. UnifyCloud uses a combination of firewall barriers, data encryption techniques and authentication procedures, among others, to maintain the security of your online session and to protect your Personal Information, Account Information and our system’s security measures to protect Your Data from unauthorized access, maintain data accuracy, and help ensure the appropriate use of Your Data. These technologies help ensure that Your Data is safe, secure, and only available to the Customer to whom the information belongs and those to whom the Customer has granted access. UnifyCloud hosts its Web Site in a secure server environment that uses firewalls, access control and other advanced technology to prevent interference or access from outside intruders. Customers are responsible for maintaining the security and confidentiality of their UnifyCloud usernames and passwords and other access credentials, as well as the access credentials of any Authorized Users. Unfortunately, no data transmission over the Internet or stored in servers can be guaranteed to be absolutely secure. As a result, while UnifyCloud strives to protect Your Data, UnifyCloud cannot ensure or warrant the security of any information that you transmit to UnifyCloud, and you do so at your own risk. UnifyCloud DISCLAIMS ANY RESPONSIBILITY OR LIABILITY for a breach of privacy as a result of your negligence.

8. CHANGES TO THIS ADDENDUM
UnifyCloud reserves the right to change this Addendum. UnifyCloud will provide notification of the material changes to this Addendum through the Web Site at least thirty (30) business days prior to the change taking effect.

9. CONTACTING US
Questions regarding this Addendum or the information practices of UnifyCloud should be directed to UnifyCloud Privacy by sending an email to UnifyCloud at:info@unifycloud.com


10. MISCELLANEOUS
YOUR CALIFORNIA PRIVACY RIGHTS California Civil Code Section 1798.83 permits Visitors who are California residents to request certain information regarding the disclosure of personal information to third parties for UnifyCloud’s direct marketing purposes. To make such a request, please send an e-mail to: info@unifycloud.com or write UnifyCloud at:

UnifyCloud, LLC.
8201 164th Ave NE
Suite 200
Redmond, WA 98052-7615

HIPAA AND HI-TECHUnifyCloud does not knowingly collect protected health information or medical information of a sensitive nature and its Web Site is not meant for transferring such information. In the event you share any protected health information or medical information of any person for any reason whatsoever, YOU EXPRESSLY AGREE TO BE SOLELY LIABLE AND RESPONSIBLE FOR ALL COSTS (INCLUDING ACTUAL ATTORNEY’S FEES AND COSTS), DAMAGES, LOSSES, FEES, EXPENSES, CLAIMS, CAUSES OF ACTION, JUDGMENTS, AND/OR SETTLEMENTS INCURRED BY UNIFYCLOUD AS A RESULT OF YOUR DISCLOSURE OF SUCH INFORMATION. To the extent UnifyCloud determines that it has collected any protected health information or medical information of a sensitive nature, it will not maintain this information and will delete same.

CONFLICT OF TERMSTo the extent the terms or conditions of this Addendum conflict with the Terms of Service, the Terms of Service shall control.