SECTION 1: WARRANTIES
The CMS Software may contain inaccuracies or errors that could cause failures or loss of data and it may be incomplete. CMS or its licensors may provide or make available through the CMS Software or as part of the Program, certain web-based applications, certificate-issuance services, CMS services or other services for YOUR USE. CMS and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will CMS or its licensors be liable for the removal of or disabling of access to any such Services. CMS or its licensors may also impose limits on the use of or access to certain Services, in any case and without notice or liability. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CMS SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE AND ANY SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE CMS SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE AND ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CMS, CMS'S AGENTS AND CMS'S LICENSORS (COLLECTIVELY REFERRED TO AS "CMS") HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CMS SOFTWARE, SECURITY SOLUTION, SERVICERELATED SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS.
CMS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CMS SOFTWARE, SERVICE- RELATED SOFTWARE OR SERVICES, THAT THE CMS SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE CMS SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE OR THE PROVISION OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN THE CMS SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE CMS SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH FUTURE CMS PRODUCTS, SERVICES OR SOFTWARE, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH ANY CMS SOFTWARE, SERVICE-RELATED SOFTWARE OR SERVICES WILL NOT BE LOST, CORRUPTED OR DAMAGED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CMS OR AN CMS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE CMS SOFTWARE, SECURITY SOLUTION, SERVICE- RELATED SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied
upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither CMS nor any of its licensors guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data or information displayed by any Services.
SECTION 2: LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL CMS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE CMS SOFTWARE, SECURITY SOLUTION OR SERVICES, DIGITAL CERTIFICATES, OR YOUR DEVELOPMENT EFFORTS OR PARTICIPATION IN THE PROGRAM, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF CMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall CMS's total liability to You under this Agreement for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
SECTION 3: SERVER UP AND DOWN TIME + API UPDATES
THIRD PARTY COMPANIES may at any time, and from time to time, with or without prior notice to You (a) modify the APIs, including changing or removing any feature or functionality, or (b) modify, deprecate, reissue or republish the APIs. You understand that any such modifications may require You to change or update Your Applications at Your own cost. THIRD PARTY COMPANIES have no express or implied obligation to provide, or continue to provide, the API and may suspend or discontinue all or any portion of the API at any time. THIRD PARTY COMPANIES shall not be liable for any losses, damages or costs of any kind incurred by You or any other party arising out of or related to any such service suspension or discontinuation or any such modification of the APIs.
SECTION 4: PROOF READING AND SPELLING ERRORS
CMS identities is in no way responsible for spelling errors made in designs created or submitted by or from clients. It is the responsibility of the client to proof read for all documents for errors. CMS will not be responsible for any costs associated with such errors in any way.
SECTION 5: INTELLECTUAL PROPERTY AND SOURCE FILES
CMS identities retains the right to all source files that we custom built. This means original "source files/code" or "working files" we built and designed for any client. Upon purchase of the design or code, the client is automatically given a license to use CMS software or designs once the balance owed is payed in full. Our license does not include any reverse engineering, modification or resale in any way without written consent from CMS Corporate Media Solutions and Identities.
SECTION 6: PRINTING
Terms and Condition of Quotation Our liability for damages, if any, will be limited to the value of CMS IDENTITIES invoice to you. Color: Full color jobs will be printed with Pantone recommended CMYK ink density. If any pantone spot color is used on a CMYK file, there will be no color match guarantee for your spot color. There will be no guarantee on color unless a digital proof is provided to match the job. Time: There will be no Guarantee on time for any jobs we may be producing for you. We will try our best to provide your order on the day you request it, but sometimes due to mechanical breakdown, we may not be able to deliver on time, therefore we will accept no liabilities for any loses that may incur. You are still expected to pay in full for your order. Payments: will be made in accordance with the above Terms of Sale. Payment of service(s) shall at once be due. Any unpaid balance over 30 days will be charged 3.5% per month or 42% per Annum. If no changes are reported within 30 days from the date of this invoice, this invoice shall be deemed accurate. All jobs are printed +/- 10% in quantity. Claims for damages or shortages: must be made within 48hrs after pick-up or delivery. CMS IDENTITIES, is liable ONLY for work that is proof read by the client and signed, if a job is printed and a mistake is found, CMS IDENTITIES., is ONLY liable for a signed proof. Verbal authorization of proof is not accepted and therefore CMS IDENTITES. cannot be held liable. Note: When Job ink coverage is more than 90%, a surcharge of 15% will apply. Paper pricing is subject to change without notice.
PAYMENT AND COLLECTION:
COLLECTION FEES
Should CMS (Corporate Media Solutions and Identities) employ an attorney to collect any amounts due hereunder, Client agrees pay all costs incurred by CMS including, but not limited to, reasonable attorney's fees, court costs and expenses. Also a cheques issued to CMS that are deemed NSF (Non Sufficient Funds) will be charged a $65 NSF fee + applicable interest charges.
INTEREST CHARGES 3 and one half percent (3 1/2%) interest per month will be charged on all past due invoices.
CREDIT CARD COMPLIANCE IMPORTANT NOTICE: CMS takes the protection of our customer's credit card information seriously. To support this effort, the transmission or reception of credit card numbers by email is prohibited by Corporate Media Solutions and Identities (CMS) and the Payment Card Industry Data Security Standards or (PCI-DSS). The transmission of credit card numbers contained within this document is allowed by fax ONLY, not email. If the payment form is emailed, the credit card number field should be left blank and communicated to CMS by telephone or or in person at our head office.
CORHMACRO SOLUTIONS AND IDENTITIES LTD. PRIVACY POLICY.
THROUGHOUT THIS DOCUMENT CORMACRO SOLUTIONS AND IDENTITIES LTD WILL BE REFERRED TO AS "CMS identity"
This privacy policy ("Policy") describes the personal data collected or generated (processed) when you use CMS identity's websites (the "Sites"), for example CMSidentity.com and CMS PORTAL.CORHCAST..COM and CMS identity's mobile applications (our "Apps"). This Policy describes the types of personal data collected when you use our Sites and Apps and how your personal data is used, shared and protected. It also explains the choices you have relating to your personal data and how you can contact us.
WHO is Responsible for the Processing of Your Personal Data?
The CMS identity entity responsible for the processing of your personal data will depend on how you interact with our Sites and Apps and where you are located in the world.
The relevant CMS identity affiliate(s) and CMS identity, Inc. are referred to as "CMS identity" or "we". Please review our List of Local Entities for the name of the CMS identity entity responsible and appropriate contact information.
WHAT Personal Data We Collect and WHEN
We ask you for certain personal data to provide you with the products or services you request. For example, when you make purchases, contact our consumer services, request to receive communications, create an account, participate in our events or contests, or interact with our Sites or use our Apps. This personal data includes your:
• Contact details including name, email, telephone number and shipping, billing address
• Login and account information, including screen name, password and unique user ID
• Personal details including gender, hometown, date of birth and purchase history
• Payment or credit card information
• Images, photos and videos
• Data on physical characteristics, including weight, height, and body measurements (such as estimated stride and shoe/foot measurements or bra size)
• Fitness activity data provided by you or generated through our Sites or Apps (time, duration, distance, location, calorie count, FuelPoints, pace/stride)
• Personal preferences including your wish list as well as marketing and cookie preferences
We use additional personal data in order to enable particular features within our Sites and Apps or services. For example, we request access to your phone's geolocation data in order to log your run route, your contacts to allow you to interact with your friends, your calendar to schedule a training plan or your social network credentials in order to post content from an App to a social network. This personal data includes your:
• Movement data from your device's accelerometer
• Photos, contacts and calendar information
• Sensor data, including heart rate and (GPS) location data
• Social network information, including credentials and any information from your public posts about CMS identity or your communications with us
When interacting with our Sites and Apps, data is automatically collected and shared with CMS identity by the technology platforms providing the experience. For example, your web browser or mobile device may share certain data with CMS identity as those devices interact with CMS identity's Sites or Apps. More information about these practices is included in the Cookies and Pixel Tags section below. This data includes:
• Device IDs, call state, network access, storage information and battery information
• Cookies, IP addresses, referrer headers, data identifying your web browser and version, and web beacons and tags
Tools to Manage What We Collect
When using our Apps, we also inform you about our collection and use through standard permissions in app stores, mobile operating systems, and in the App experience. We also prompt you for your consent where necessary.
In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of information. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your devices.
WHY and HOW We Use (Process) Your Personal Data
We use the personal data we collect from you in the following ways:
To Provide the Features of the Sites, Apps, and Services You Request
When you use our Sites and Apps, we will use your data to provide the product or service you have selected. For example, if you make a purchase on CMSidentity.com, or participate in an event or promotion, we will use the contact information you give us to communicate with you about the purchase, event or promotion. If you reach out to our consumer services, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question.
If you use our Apps to track your fitness activity or physical characteristics, we will collect this data and store it so that you can review it in the App. Your fitness activity data may include data you enter about your activity as well as data collected by your device during the course of your activity such as location data and movement data. We may use this activity data to calculate further information about your activity, such as distance run, or calories burned, so that the calculated information can be provided to you as part of the functionality of the App.
In many cases, to use particular features within our Sites, Apps, and services you may need to provide CMS identity with additional data or additional consent to use particular data in a certain way. For example, to use the heart rate tracking features of our Apps, you may need to connect a heart rate monitoring device to the experience; to share content on social media, you may be required to provide your social media account credentials.
To Communicate Information about our Products, Services, Events and for Other Promotional Purposes
To modify your (email or SMS) subscriptions or to opt-out of receiving CMS identity communication, please modify your preferences in the "view or change my profile" section of our Sites. You can also contact us to exercise your rights related to your personal data via the contact details in the "Question and Feedback" section below or by sending an email to media@cmsidentity.com.
If you are an existing customer of CMS identity (for example, if you have placed an order with us), we may use the email address provided to send you marketing communications about similar CMS identity products or services, unless you have opted-out. In other cases, we ask for your consent to send you marketing information about CMS identity's products, services, events and promotions. We may use the information that you provide to us as well as information from other CMS identity products or services - such as your use of CMS identity's Sites and Apps, your visits to or purchases made in CMS identity stores, your participation in CMS identity events and contests (possibly through other CMS identity affiliates) - to personalize communications on products and services that may be interesting for you. Where legally required, we will also seek your consent for sending marketing communications.
To Operate, Improve and Maintain our Business, Products and Services
We may use the data you provide to us to operate our business. For example, when you make a purchase, we may use that information for accounting, auditing and other internal functions. As another example, we may use data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Sites and Apps.
To Protect Our or Others' Rights, Property or Safety
We may also use data about how you use our Sites and Apps to prevent or detect fraud, abuse, illegal uses and violations of our Terms of Use and to comply with court orders, governmental request or applicable law.
For General Research and Analysis Purposes
We use data about how our visitors use our Sites, Apps and Services to understand customer behavior or preferences. For example, we may use information about how visitors to CMSidentity.com search for and find products to better understand the best ways to organize and present product offerings in our storefront.
Use (Processing) of Workout Info
As discussed above, CMS identity collects data about your fitness activity or your physical characteristics (together, Workout Info) in order to provide our Apps and other services. Because of the personal nature of this data, we strive to provide you with clear information about how Workout Info will be used. As this data may be considered sensitive in certain jurisdictions, we take appropriate measures in protecting and using this data and, where required by applicable law or under CMS identity's internal policies, will obtain your consent for use of your Workout
We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.
SHARING of Your Personal Data
CMS identity's Sharing
CMS identity shares your personal data with:
• CMS identity affiliates for the purposes and under the conditions outlined above
• Third party service providers processing personal data on CMS identity's behalf, for example to process credit cards and payments, shipping and deliveries, manage and service our data, distribute emails, research and analysis, manage brand and product promotions as well as administering certain services and features.
• Other third parties to the extent necessary to: (i) comply with a government request, a court order or applicable law; (ii) prevent illegal uses of our Sites and Apps or violations of our Sites' and the Apps' Terms of Use and our policies; (iii) defend ourselves against third party claims; and (iv) assist in fraud prevention or investigation (e.g., counterfeiting)
We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation). If you are located in Korea, refer to the Country Specific Terms.
Your Sharing
When you use certain social features on our Sites or Apps, you can create a public profile that may include information such as your screen name, profile picture and hometown. You can also share content with your friends or the public, including information about your CMS identity activity. We encourage you to use the tools we provide for managing CMS identity's social sharing to control what information you make available through CMS identity's social features.
PROTECTION and MANAGEMENT of your Personal Data
• Encryption & Security: We use a variety of technical and organizational security measures, including encryption and authentication tools, to maintain the safety of your personal data. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to these systems.
International data transfers: The personal data we collect or generate (process) in the context of our Sites and Apps will be stored in the USA. Some of the data recipients with whom CMS identity shares your personal data may be located in countries other than the country in which your personal data originally was collected. The laws in those countries may not provide the same level of data protection compared to the country in which you initially provided your data. Nevertheless, when we transfer your personal data to recipients in other countries, including the USA, we will protect that personal data as described in this Policy and in compliance with applicable law.
If you are located in the European Economic Area ("EEA") or Switzerland, we take measures to comply with applicable legal requirements and ensure adequate protection for the transfer of personal data to recipients in countries outside of the EEA or Switzerland. If you are located in Russia, refer to Country-Specific Terms.
• Retention of your data: We retain your personal data for as long as necessary to fulfil the purposes for which we collect it, except if required otherwise by law. If you are located in Korea, refer to Country-Specific Terms.
• Your rights related to your personal data: You have the right to request: (i) access to your personal data; (ii) correction of your personal data if it is incomplete or inaccurate; or (iii) deletion of your personal data. You also have the right to object to the processing of your personal data on compelling legitimate grounds relating to your particular situation. Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time. You also have the right to object to the processing of your personal data, including opting-out from the use for direct marketing purposes. If you are located in Argentina or Korea, refer to Country-Specific Terms.
COOKIES and Pixel Tags
CMS identity receives and records information, which may include personal data, from your browser when you use our Sites. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP-address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Sites such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.
Third parties may also collect information via Sites through cookies, third party plug-ins and widgets. These third parties collect data directly from your web browser and the processing of this data is subject to their own privacy policies.
We use cookies and pixel tags to track our customers' usage of the Sites and to understand our customers' preferences (such as country and language choices). This enables us to provide services to our customers and improve their online experience. We also use cookies and pixel tags to obtain aggregate data about site traffic and site interaction, to identify trends and obtain statistics so that we can improve our Sites. There are generally three categories of cookies used on our Sites:
• Functional: These cookies are required for basic site functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore our Sites within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations.
• Performance: These cookies allow us to improve our Sites' functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember site preferences you have selected. Refusing these cookies may result in poorly-tailored recommendations and slow site performance.
• Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from our Sites through social media. Advertising cookies (of third parties) collect information to help better tailor advertising to your interests, both within and beyond our Sites. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media.
For a comprehensive and up-to-date summary of every third-party accessing your web browser (through CMS identity Sites or otherwise), we recommend installing a web browser plugin built for this purpose. You can also choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make our Sites and Apps more efficient and some of our services will not function properly.
USING CMS identity Sites and Apps with Third-Party Products and Services
Our Sites and Apps allow you to interact with a wide variety of other digital products and services. For example, our Sites and Apps can integrate with third-party devices for activity tracking, social networks, music streaming services and other digital services.
If you choose to connect your CMS identity account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies. For example, if you choose to share your CMS identity activity on third-party social media platforms, the policies of those platforms govern the data that resides there.
Our Sites and Apps may provide links to other (third-party) websites and apps for your convenience or information. Linked sites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.
CHANGES to our Privacy Policy
Applicable law and our practices change over time. If we decide to update our Policy, we will post the changes on our Sites and Apps. If we materially change the way in which we process personal data, we will provide you with prior notice, or where legally required, request your consent prior to implementing such changes. We strongly encourage you to read our Policy and keep yourself informed of our practices. This Policy was last modified in January 2018.
QUESTIONS and Feedback
We welcome questions, comments, and concerns about our Policy and privacy practices
You may also send us an email at MEDIA@CMSidentity.com
If you contact us with a privacy complaint it will be assessed with the aim of resolving the issue in a timely and effective manner.