3. Nothing herein is intended to prejudice Supplier's statutory data processing rights.
4. Customer acknowledges that Supplier may collect information (including personal data) about Customer and End Users ("Data Subjects"): (a) during the negotiation, conclusion and modification of the agreements it concludes with Data Subjects or with parties whom the Data Subjects represent (the information collected may include the data provided in such agreements, or for the purposes of negotiating, concluding or amending same); (b) when a Data Subject fills in forms via the Service, opens a User Account, purchases or cancels a Service Plan, creates or modifies a user profile, or enters or modifies other information associated with their User Account (the information thus provided); (c) when a Data Subject visits Supplier's website (the Data Subject's IP address, geographical location, session information, browsing behavior, certain software and hardware attributes); (d) when a Data Subject downloads, installs, updates or uninstalls the Software, or accesses or uses the Service (the location, manner, means and duration of such activity as well as other information the Data Subject may provide); and (e) when otherwise knowingly made available to Supplier (the information the Data Subject provides). When visiting Supplier's website, "cookies" may be stored within the visitor's device.
5. Customer agrees and warrants to Supplier that End Users agree:
(a) to Supplier's processing of Customer Details and such other information as referenced in section 4 (collectively, "Data") for the purposes of (i) providing the Service, (ii) improving or otherwise modifying the Service and notifying Customer and other relevant Data Subjects thereof, (iii) customizing the content and/or layout of Supplier's website or the Service for the particular visitor or user, (iv) replying to the Data Subjects' communications and contacting them, (v) performing Supplier's obligations towards the Data Subject, (vi) exercising and enforcing Supplier's rights, (vii) user statistics and other Service-related analyses;
(b) that Data may be processed in the country of their domicile as well as outside it, including, but not limited to, in any member state of the Organization for Economic Co-operation and Development (OECD) and any country participating in the European Economic Area (EEA);
(c) that Supplier will not disclose Customer Details to any third party besides the members of its corporate group, except when, to the extent, and to persons (i) expressly allowed by the Data Subject concerned, (ii) required by law, or (iii) necessary in order to perform Supplier's obligations under the Agreement, or its statutory obligations, or to exercise its legal rights, or defend against claims or other process.
(d) Supplier may use certain information about you without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Services are used, diagnosing service or technical problems, maintaining security, and personalizing content. This non-personally identifiable information includes, but is not limited to: anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.
(e) Supplier reserves the right to remove any information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms of Service, or to protect or defend our rights or property or those of any third party.
6. Supplier has no obligation to monitor or access its customers' accounts, but may do so in cases where such action is reasonably justified (e.g., in order to prevent illegal or harmful activity, provide customer support, or perform its legal duties).
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our Services, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
8. Clear Gifs Information: When you use the Services, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make the Services better for our users.
10. The Supplier uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. Once we receive your transmission of information, Supplier makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
11. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from the Service, at all times.
12. As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.
13. Upon Customer's request, Supplier will grant Customer access to, or, at Supplier's option, provide Customer with a statement of, all Personal Data that Supplier maintains about Customer, unless such information is otherwise reasonably available to Customer or Supplier is legally prohibited from disclosing such records. If any such Personal Data prove to be incorrect or misleading, Customer is entitled to have same corrected, or, where Customer is able and authorized to modify such data, correct same on their own initiative. Registered Customers can access and correct certain of their Customer Details through the Service by visiting their personal profile page. For the avoidance of doubt, Customer acknowledges that this section only applies to "Personal Data that Supplier maintains about Customer", and that Supplier does not "maintain" any User Data (see section 8).
14. In all cases where Supplier is allowed to disclose Customer Details to third parties, it will, as far as possible, take reasonable measures to ensure that the person to whom disclosure is made grants the respective Data Subject rights that are substantially similar to those set forth herein with respect to the processing of such Customer Details (including the right to be informed about the data maintained on the Data Subject and the right to correct or have corrected incorrect or misleading information).
15. If a Data Subject participates in Supplier's mailing or similar program, Supplier may use their Customer Details to send them information about products, services, promotions and events that Supplier believes may be of interest to them. Any subscription to any such program may be cancelled at will.
16. Supplier may send registered Customers certain communications relating to the Service, such as (e.g.) service announcements and administrative messages, without offering such Customers the opportunity to opt out of receiving them.