DIBCASE SOFTWARE, INC.

 

TERMS OF SERVICE & PRIVACY POLICY

 

Effective Date: [09/15/2018]

Safeguarding your privacy and the security of your personal information is important to us. Please take a few minutes to read the following policy so that you understand how we treat your personal information. As we continuously improve and expand our services, this policy might change, so please check it periodically. If you have questions about our privacy policy, please use the form on our Contact Us page.

Dibcase.com ("DIBCASE", "we," "our," "us") respects your privacy and values your trust and confidence. This privacy policy applies to the DIBCASE online and mobile web sites (www.dibcase.com, dibcase.com, and *.dibcase.com) and the DIBCASE mobile applications owned and operated by DIBCASE. This privacy policy describes how DIBCASE collects and uses the personal information you provide on our web sites: www.dibcase.com, dibcase.com, *.dibcase.com, and the mobile applications. It also describes the choices available to you regarding
our use of your personal information and how you can access and update this information.

The terms of service and privacy policy detailed below governs your use of the services (the “Services”) provided by Dibcase Software, Inc. (“Dibcase”). By registering your use of such services, you are agreeing to this terms of service and privacy policy.

 

Personally Identifiable Information

Personally Identifiable Information is any information that concerns you individually and would permit someone to contact you, for example, your name, address, telephone/fax number, email address or any information you submit to the Web Sites or the Applications that identifies you individually.

The Web Sites or the Applications will not collect any personally identifiable information about you unless you provide it. You can visit and browse the Web Sites and the Applications without revealing personally identifiable information about yourself, but not all functions will be available to you. You may also choose to disclose personally identifiable information about yourself, which may be maintained as described below. The Web Sites and the Applications may collect personally identifiable information about you by methods such as the following:

Registration Forms - If you are offered the opportunity to enter a promotion, to become a registered user of the Web Sites or Applications, or to opt-in to receive DIBCASE information
through another site or the Applications, you must apply by filling out the registration form on the site or the Application. This form requires certain personally identifiable information that may include, without limitation, your name, email address, postal address, telephone number, areas of interest, product usage, credit/debit card number(s) with associated expiration date(s), CVV and billing zip code(s), and/or a unique individual password.

Transactions and Activity - If you become a registered user or if you conduct transactions through the Web Sites or an Application, we will collect information about the transactions you engage in while on the Web Sites or Applications and your other activity on the Web Sites or Applications. This information may include, without limitation, areas of the Web Sites or Applications that you visit, transaction type, content that you view, protected client and claim information, geo location, download or submit, transaction amount, payment, and billing information as well as the nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business.

Email and other voluntary communications - You may also choose to communicate with us through email, via our Web Sites, via the Applications, by telephone, in writing, or through other means. We collect the information in these communications, and such information may be personally identifiable.

I.     TERMS OF SERVICE.

 1.     License & Use. You are granted a non-exclusive, non-transferable, limited license to access and use the Services. Dibcase does not review or pre-screen content and claims no intellectual property rights with respect to such content.

2.     Usage Terms. You agree not to reproduce, duplicate, copy, sell, resell, or exploit access to or use of the Service, in whole or in part, including, but not limited to, any front-end or back-end program code, design elements, and all other features. You agree not to modify, reverse engineer, adapt, or otherwise tamper with the Service. You agree not to falsely imply that any other website or business is associated with the Service or Dibcase. You agree not to knowingly use the Service in a way that infringes intellectual property rights, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or in violation of this terms of service or Dibcase’s privacy policy. You agree that you will not knowingly use the Service to post, host, upload, transmit, or send unsolicited spam email, SMS messages, viruses, worms, or other destructive or malicious code. Other than as provided in Section I(1), you agree that all ownership of licenses, intellectual property, and other rights belongs to Dibcase. If you make content available to the public, you are deemed to agree that such public content will be available to everyone; Dibcase reserves the right to take any action necessary with respect to such publicly available content, including removal. Dibcase reserved the right to modify of discontinue any feature of the Service without notice, provided that Dibcase shall provide thirty (30) days’ notice if such change materially reduces the functionality of the Service. Continued use of the Service following any such modification constitutes acceptance of the changes. Dibcase reserved the right to suspend access to its Service for operational purposes such as maintenance or upgrades, and will endeavor to provide reasonable notice of such suspension. Dibcase may store content that you provide on redundant storage server, and you may elect to replicate content with a third party storage service; any such content shall be held under the terms of such storage service’s own agreements; you may also elect to replicate any such content on your own storage device. You grant Dibcase a non-exclusive, royalty-free right to use Confidential Information (as defined below) for the purpose of performing Dibcase’s obligations under this agreement, including the right to generate and publish aggregate, anonymized reports.

a.     Confidential Information. “Confidential Information” shall mean content you provide and any information, technical data, or know-how considered proprietary or confidential by either party to this agreement including, but not limited to, either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of this agreement, either directly or indirectly in any form whatsoever, including in writing, orally, machine readable form or through access to either party’s premises.

3.     Access. You are allowed to access and use the Service only if you are authorized by Dibcase and Dibcase may require certain information (name, email, etc.) in order to use the Service. You may be provided with or register with a unique username or identifier; your username or identifier can only be used by you and cannot be shared with others without Dibcase’s prior written consent, subject to Section 3(a). You may not access or use the Service via mechanical, programmed, robotic, scripted, or other automated means.

a.     Designated Users. You may designate additional authorized persons (“Designated Users”) to use the Services, subject to additional requirements as determined by Dibcase. Such additional authorized persons may require separate usernames, passwords, and other requirements. Notwithstanding the foregoing, you are responsible for Designated Users’ use of the Services.

b.    Content. Any content you post, upload, or otherwise make available in connection with the Services shall remain your property.

c.     API. You may access and use the Service using an application program interface (“API”) or third party product, provided the following conditions are met: (i) use of the Service via an API is governed by this agreement; (ii) Dibcase is not liable for direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use of an API or third party product; (iii) Dibcase may, in its discretion, suspend access to the Service as a result of excessive use via an API; and (iv) Dibcase reserves the right to modify or terminate access and use of the Service via an API without notice.

4.     Confidentiality. Each party to this agreement agrees to treat all Confidential Information as confidential, and not use or disclose such information except as necessary to perform its obligations under or as otherwise provided in this agreement.

5.     Security & Access. Dibcase is responsible for providing authentication and access methods. Dibcase may provide protocols that manage passwords, transmit passwords securely, and protect the entering of any passwords for purposes of using the Service.

a.     Your Responsibilities. You are responsible for protecting the security of your username or identifier, and any passwords or other codes, and for the accuracy of any information you provide to the Service. You will maintain policies and procedures to prevent unauthorized use of such information and will notify Dibcase promptly if you suspect any such information has been compromised or misused.

b.    Dibcase Responsibilities. Dibcase and any third parties it engaged will: (i) use best security practices, based on industry standards, for transmitting and storing content; (ii) use best security practices, based on industry standards, for network security; (iii) make sure its host facilities maintain industry standards for security and privacy; and (iv) within thirty (30) days of request, provide you with an industry standard report or comparable description of its security measures, provided that you may be required to enter into an agreement with the third party provider of such report. Dibcase shall report to you any event that it reasonably believes may pertain to unauthorized access to, disclosure of, use of, or damage to content. If there is a security breach, Dibcase shall cooperate to identify the cause and extent of such breach, assist you with investigating and preventing such breach from occurring again, assist with any litigation or investigation related to such breach, and use commercially reasonable efforts to mitigate the negative effects of such breach.

6.     EU Data. The parties agree to comply with EU data processing requirements, as detailed in Exhibit A.

7.     Legal Compliance. Dibcase reserves the right to provide Confidential Information to third parties as required and allowed by law, and to cooperate with any legal authorities or investigation. If Dibcase is required to disclose any Confidential Information by law, it shall provide you with prompt written notice (to the extent allowed by law) prior to such disclosure.

8.     Backups and Archives. Dibcase’s backup services may be designed to facilitate restoring content to a server or device, and Dibcase shall ensure recovery of any lost primary data at no additional cost to you. If you cancel or otherwise terminate your use of the Service, you shall have ninety (90) days to retrieve any content.

9.     Payment, Refunds, & Subscription Changes. If you have a paid subscription to the Services, you will provide Dibcase with valid credit card information or other payment methods as may be requested by Dibcase. All fees are exclusive of any taxes in any jurisdiction, which you are responsible for. You may incur incidental charges from other parties (such as internet providers) for using the Service.

a.     Recurring Subscription Plans. As applicable, payments for a period (e.g. a month in the case of a monthly subscription) will be charged upon the expiration of any trial period, if any. You will not be charged for cancelling a subscription prior to the expiration of the trial period. Upon expiration of the trial period, you shall be charged in advance at the beginning of the applicable period for such period.

b.    Refunds; Credits. All charges are final and non-refundable. No refunds or credits will be issued for use of the Service for only a portion of a subscription’s period, upgrade or downgrade of a subscription, or active but unused subscription periods.

c.     Cancellation. There are no fees for cancelling a subscription, subject to Dibcase’s discretion.

d.    Subscription Changes. The amount charged in advance for a subscription period may be automatically updated to reflect changes in subscription. Any such change may alter your access to certain content or features.

e.     Prices. All prices are subject to change upon notice.

f.      Taxes. If Dibcase is required to pay taxes on your behalf, such amount(s) shall be invoiced to and paid by you.

10.  Cancellation & Termination. You are responsible for cancelling subscriptions, in the manner provided by Dibcase or by contacting Dibcase directly. Dibcase may terminate your use of the Service with thirty (30) days’ notice, provided that Dibcase has the right to suspend or discontinue your use of the Service without notice for acts or omissions that are a material violation of this agreement or create a security threat or emergency.

11.  Limitation of Liability. Except as provided in Sections 4, 5, 8, and 13, Dibcase shall not be liable for, and you waive the right to, any claim, loss, injury, liability, or damage resulting from the Services. You agree that any liability of Dibcase connected to the Services shall not exceed the amount you paid under this agreement in the six months preceding the date on which the claim arose. You agree that Dibcase shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever, including attorneys’ fees, relating to this agreement. You shall be responsible for any damage and/or loss of your content contained in any technology or equipment you use to access and use the Service.

12.  Disclaimer of Warranties. Dibcase hereby disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness, title, and non-infringement of third party rights with respect to the Service. Dibcase makes no warranty that it services will be compatible with your computer or other equipment, to that such services will be secure or error-free. Dibcase does not make any warranty regarding the results you may obtain from using the Service. Nothing in this Section 12 alters Dibcase’s obligations under Sections 4, 5, 8, and 13.

13.  Indemnification.

a.     Of Dibcase. You agree to indemnify and hold harmless Dibcase from and against any claim, action, proceeding, loss, liability, judgment, obligation, penalty, damage, cost or expense, including attorneys’ fees, which arise from to relate to your breach of any obligation of this agreement or your negligent acts or omissions. In the event you engage in negligence, you shall defend any claim, suit, or proceeding, at your own cost, with counsel reasonably acceptable to Dibcase. Dibcase reserves the right to participate in such defense at Dibcase’s expense with Dibcase’s choice of counsel.

b.    Of You. Dibcase shall defend, indemnify, and hold harmless you against any loss, damage, or costs, including reasonable attorneys’ fees, in connection with claims, demands, suits, or proceedings made against you by a third party if: (i) such claim alleges that the Service infringes intellectual property of a third party, provided that you shall give Dibcase prompt written notice of such claim, give Dibcase complete control over the resolution of such claim, and provide all reasonable assistance requested by Dibcase (provided, however, that Dibcase shall not be required to indemnify you if you have modified the Service in conflict with your obligations herein, or have used it as prohibited herein); or (ii) such claim arises out of a violation by Dibcase of Section 4 or 5.

14.  Miscellaneous.

a.     Support. Technical support may be made available to assist your use of the Service.

b.    Third Parties. You agree that Dibcase may use third party vendors and hosting partners to provide hardware, software, networking, storage, and other required products and services.

c.     Integration. Dibcase may provide the ability to integrate the Service with third party products and services, which shall be subject to the separate terms and conditions of those third parties. You agree that Dibcase has no liability arising out of your use of any such integrated products and services, and that Dibcase may modify or cancel such integrations without notice.

d.    Risk. You acknowledge the risk that information and your content stored and sent electronically may be intercepted by third parties, and you will not hold Dibcase liable for any loss, damage, or injury resulting from such interception.

e.     Waiver. The failure to enforce any provision of this agreement shall not constitute waiver of such provision.

f.      Entire Agreement. This agreement constitutes the entire understanding between the parties hereto, and supersedes any and all prior agreements or understandings, in any forms.

g.     Amendment. Dibcase reserves the right to amend this agreement without notice, provided that if such amendment would be material, Dibcase shall notify you prior to implementing such changes. Your continued use of the Service after such a change shall constitute acceptance of any new terms.

h.    Assignment. Neither party may assign any rights or obligations hereunder, without the prior, written consent of the other party, provided that either party may assign this agreement in its entirety without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the assets of Dibcase, provided the assignee agrees to be bound to all the same terms. Any attempt to assign rights or obligations under this agreement shall otherwise be void and of no effect.

i.      Governing Law; Arbitration. This agreement shall be governed by the law of Delaware, and all disputes arising under this agreement shall be resolved through arbitration, the manner of which is to be selected by Dibcase.  

 

 

 

EXHIBIT A

 

DATA ADDENDUM

 

To the extent Dibcase Processes (as defined below) any Subscriber Personal Data (as defined below) and (i) the Subscriber Personal Data relates to individuals located in the EEA; or (ii) Subscriber is established in the EEA, the provisions of this Data Addendum (“DA”) shall apply to the processing of such Subscriber Personal Data. In the event of any conflict between the remainder of the agreement and the DA, the DA will prevail.

 

1.     Definitions. The following capitalized terms used in this DA shall be defined as follows:

a.     Controller” has the meaning given in the GDPR.

b.     Data Protection Laws” means the EU General Data Protection Regulation 2016/679 (“GDPR“), any applicable national implementing legislation in each case as amended, replaced or superseded from time to time, and all applicable legislation protecting the fundamental rights and freedoms of persons and their right to privacy with regard to the Processing of Subscriber Personal Data.

c.     Data Subject” has the meaning given in the GDPR.

d.     European Economic Area” or “EEA” means the Member States of the European Union together with Iceland, Norway, and Liechtenstein.

e.     Processing” has the meaning given in the GDPR, and “Process” will be interpreted accordingly.

f.      Processor” has the meaning given in the GDPR.

g.     Security Incident” means any confirmed accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, any Subscriber Personal Data.

h.     Standard Contractual Clauses” means the Standard Contractual Clauses (processors) approved by European Commission Decision C(2010)593 or any subsequent version thereof released by the European Commission (which will automatically apply).

i.      Subprocessor” means any Processor engaged by Dibcase who agrees to receive from Dibcase Subscriber Personal Data.

j.      Subscriber Personal Data” means the “personal data” (as defined in the GDPR) described in the Annex and any other personal data contained in the Content or that Dibcase processes on Subscriber’s behalf in connection with the provision of the Service.

k.     Supervisory Authority” has the meaning given in the GDPR.

2.     Data Processing.

a.     The Parties acknowledge and agree that for the purpose of the Data Protection Laws, the Subscriber is the Controller and Dibcase is the Processor.

b.     Dibcase will only Process Subscriber Personal Data in accordance with Subscriber’s written instructions. The parties acknowledge and agree that the Agreement (subject to any changes to the Service agreed between the parties) and this DA shall be Subscriber’s complete and final instructions to Dibcase in relation to the processing of Subscriber Personal Data.

c.     Processing outside the scope of this DA or the Agreement will require prior written agreement between Subscriber and Dibcase on additional instructions for Processing.

d.     Where required by applicable Data Protection Laws, Subscriber will ensure that it has obtained/will obtain all necessary consents and complies with all applicable requirements under Data Protection Laws for the Processing of Subscriber Personal Data by Dibcase in accordance with the Agreement.

3.     Transfer of Personal Data.

a.     Subscriber agrees that Dibcase may use certain Subprocessors to Process Subscriber Personal Data. 

b.     Subscriber agrees that Dibcase may use subcontractors to fulfil its contractual obligations under the Agreement. Dibcase shall notify Subscriber from time to time of the identity of any Subprocessors engaged. If Subscriber (acting reasonably) objects to a new Subprocessor on grounds related to the protection of Subscriber Personal Data only, then without prejudice to any right to terminate the Agreement, Subscriber may request that Dibcase move the Subscriber Personal Data to another Subprocessor and Dibcase shall, within a reasonable time following receipt of such request, use reasonable endeavours to ensure that the original Subprocessor does not Process any of the Subscriber Personal Data. If it is not reasonably possible to use another Subprocessor, and Subscriber continues to object for a legitimate reason, either party may terminate the Agreement on thirty (30) days written notice. If Subscriber does not object within thirty (30) days of receipt of the notice, Subscriber is deemed to have accepted the new Subprocessor.

c.     Save as set out in Sections 3(a) and 3(b), Dibcase shall not permit, allow or otherwise facilitate Subprocessors to Process Subscriber Personal Data without Subscriber’s prior written consent and unless Dibcase:

i.      enters into a written agreement with the Subprocessor which imposes equivalent obligations on the Subprocessor with regard to their Processing of Subscriber Personal Data, as are imposed on Dibcase under this DA; and

ii.    shall at all times remain responsible for compliance with its obligations under the DA and will be liable to Subscriber for the acts and omissions of any Subprocessor as if they were Dibcase’s acts and omissions.

d.     To the extent that the Processing of Subscriber Personal Data by Dibcase involves the export of such Subscriber Personal Data to a third party in a country or territory outside the EEA, such export shall be:

i.      (i) to a country or territory ensuring an adequate level of protection for the rights and freedoms of Data Subjects as determined by the European Commission;

ii.    (ii) to a third party that is a member of a compliance scheme recognized as offering adequate protection for the rights and freedoms of Data Subjects as determined by the European Commission; or

iii.   (iii) governed by the Standard Contractual Clauses between the Subscriber as exporter and such third party as importer. For this purpose, the Subscriber appoints Dibcase as its agent with the authority to complete and enter into the Standard Contractual Clauses as agent for the Subscriber on its behalf.

4.     Data Security, Audits and Security Notifications.

a.     Dibcase will implement and maintain appropriate technical and organizational security measures to ensure a level of security appropriate to the risk, including as appropriate, the measures referred to in Article 32(1) of the GDPR.

b.     Upon Subscriber’s reasonable request, Dibcase will make available all information reasonably necessary to demonstrate compliance with this DA.

c.     If Dibcase becomes aware of a Security Incident, Dibcase will (a) notify Subscriber of the Security Incident within 72 hours, (b) investigate the Security Incident and provide Subscriber (and any law enforcement or regulatory official) with reasonable assistance as required to investigate the Security Incident.

d.     Dibcase will treat the Subscriber Personal Data as confidential, and shall ensure that any employees or other personnel have agreed in writing to protect the confidentiality and security of Subscriber Personal Data.

e.     Dibcase will, upon Subscriber’s reasonable request and at Subscriber’s expense, allow for and contribute to audits, including inspections, conducted by Subscriber (or a third party auditor on Subscriber’s behalf and mandated by Subscriber) provided (i) such audits or inspections are not conducted more than once per year (unless requested by a Supervisory Authority); (ii) are conducted only during business hours; (iii) are conducted in a manner that causes minimal disruption to Dibcase’s operations and business; and (iv) Following completion of the audit, upon request, Subscriber will promptly provide Dibcase with a complete copy of the results of that audit.

5.     Access Requests and Data Subject Rights. Where applicable, and taking into account the nature of the Processing, Dibcase will use reasonable endeavours to assist Subscriber by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Subscriber’s obligation to respond to requests for exercising Data Subject rights laid down in the Data Protection Laws.

6.     Data Protection Impact Assessment and Prior Consultation. To the extent required under applicable Data Protection Laws, Dibcase will provide Subscriber with reasonably requested information regarding its Service to enable Subscriber to carry out data protection impact assessments or prior consultations with any Supervisory Authority, in each case solely in relation to Processing of Subscriber Personal Data and taking into account the nature of the Processing and information available to Dibcase.

7.     Termination.

a.     Subject to 7(b) below, Dibcase will, at Subscriber’s election and within 90 (ninety) days of the date of termination of the Agreement:

i.      make available for retrieval all Subscriber Personal Data Processed by Dibcase (and delete all other copies of Subscriber Personal Data Processed by Dibcase following such retrieval); or

ii.    delete the Subscriber Personal Data Processed by us.

b.     Dibcase and its Subprocessors may retain Subscriber Personal Data to the extent required by applicable laws and only to the extent and for such period as required by applicable laws and always provided that Dibcase ensures the confidentiality of all such Subscriber Personal Data and shall ensure that such Subscriber Personal Data is only Processed as necessary for the purpose(s) specified in the applicable laws requiring its storage and for no other purpose.

8.     Governing Law. This DA shall be governed by, and construed in accordance with the laws of Ireland. Each of the parties irrevocably submits for all purposes (including any non-contractual disputes or claims) to the non-exclusive jurisdiction of the courts in Ireland.

 

 

 

Annex – Details of the Processing of Subscriber Personal Data

 

This Annex includes certain details of the processing of Subscriber Personal Data as required by Article 28(3) of the GDPR.

 

1.     Subject matter and duration of the Processing of Subscriber Personal Data. The subject matter and duration of the Processing of the Subscriber Personal Data are set out in the Agreement and this DA.

2.     The nature and purpose of the Processing of Subscriber Personal Data. The Subscriber Personal Data will be subject to the following basic processing activities: transmitting, collecting, storing and analyzing data in order to provide the Service to the Subscriber, and any other activities related to the provision of the Service or specified in the Agreement.

3.     The types of Subscriber Personal Data to be processed. The Subscriber Personal Data concern the following categories of data: names; email addresses; personal and professional information; and any other personal data provided by the Subscriber in connection with its use of the Service.

4.     The categories of data subject to whom the Subscriber Personal Data relates. Any categories of individuals whose data the Subscriber extracts, transfers, and/or loads onto the Service, which may include but is not limited to: (i) Registered Clients; and (ii) past, present and prospective clients, business relationship contacts, and outside counsel contacts of the Subscriber.

5.     The obligations and rights of the Subscriber. The obligations and rights of the Subscriber are as set out in this DA.

 

 

II.   PRIVACY POLICY

 

1.     Information. Dibcase collects your personal information when you voluntarily submit, post, or present such information on Dibcase’s website, mobile application, surveys, or any other means. If you choose not to provide personal information, Dibcase cannot guarantee that it will be able to provide services or assist you. Dibcase may receive personal information about you from third parties, subject to your agreements with them. Dibcase may also collect personal information indirectly about your use and access of Dibcase’s services.

a.     Availability of Information. The categories and types of personal information and how Dibcase uses such information is used and retained is available upon request.

b.    Usage. Dibcase may connector combine your personal information in order to provide personalized services.

c.     Anonymity. Dibcase may anonymize and aggregate any personal information collected, and may use such information for purposes including, but not limited to, testing IT systems, research, data analysis, improvement of products, and may share such anonymized information with others.

2.     Disclosure of Information. Dibcase may share your personal information with any of its directors, officers, agents, employees, contractors, or affiliates. Dibcase will not share your personal information with third parties except as described in this policy or in connection with Dibcase’s services.

a.     Sharing. Dibcase may share your personal information with third parties that include, but are not limited to, business partners, vendors, suppliers, subcontractors, analytics providers, search engine providers, credit reference agencies, payment processors, and third parties connected to any business transaction with Dibcase.

b.    For Legal Purposes. Dibcase is allowed to disclose personal information if required to by law, or if for purposes of enforcing or applying Dibcase’s Terms of Service, other agreements, proprietary rights, or similar purposes, including for purpose sof fraud protection and credit risk reduction.

c.     Publicly Accessible Outlets. Dibcase may maintain publicly accessible outlets, such as blogs, forums, and social media accounts. Any information provided in such outlets may be read, collected, retained, and used by others that have access to them. To request removal of your personal information from such outlets, contact Dibcase. Dibcase cannot guarantee that it will be able to remove information on such outlets, and will notify you if and why it is unable to do so.

d.    Testimonials. With your consent, Dibcase may display any testimonial you give on its site, along with other endorsements. You may request any such testimonial of yours is deleted by contacting Dibcase.

3.     Marketing. Dibcase may contact you with relevant information about its services and products, and may use personal information in such messages to determine what information is relevant for you. If you do not wish to receive such messages, you may indicate this in your preferences, or, if no such indication is available, please contact Dibcase.

4.     Storage and Transfer.

a.     Security. All information provided to Dibcase is stored on secure servers in a controlled environment with limited access. Payment transactions will be encrypted based on reasonable commercial standards. You are responsible for keeping all of your passwords confidential, and should not share them with anyone. Dibcase takes reasonable steps to protect your personal information, but it cannot guarantee the security of information transmitted on its website, and any such transmission is at your own risk. Once such information is received by Dibcase, it shall use procedures and security protocols to prevent unauthorized access.

b.    International Transfer. Dibcase may transfer and store your personal information in countries outside of the jurisdiction you are in, where its service providers operate. If you are located in the European Union (“EU”), your personal information may be processed outside of the EU. These international transfers are made pursuant to the appropriate safeguards, such as standard data protection clauses adopted by the European Commission. Please contact Dibcase if you wish for more details.

5.     Retention. Dibcase will retain your personal information for as long as necessary to fulfil the purposes it is collected for. To determine the appropriate retention period, Dibcase considers the amount, nature, and sensitivity of the information, the potential risk of unauthorized use or disclosure, the purposes of having such information, and any applicable legal requirements.

6.     Referral Programs. Dibcase may have a referral program whereby you refer the contact information of others that may be interested in Dibcase’s services. Dibcase may retain such contact information, and any such referred person may request his or her information be removed by contacting Dibcase. Before providing the contact information of others, you will obtain their consent and provide them with the information on how Dibcase handles their personal information, as described herein.

7.     Your Rights. You have the following rights with respect to your personal information that Dibcase has, as well as any other rights required by applicable law: (i) the right to access and receive such information in a commonly used format and have it ported to another data controller; (ii) the right to obtain rectification records of inaccurate or incomplete personal information; (iii) the right to erase such information where it is no longer necessary for the purposes for which it was obtained or processed; (iv) the right to restrict the processing of such information when you contest the accuracy of such information, for a period allowing Dibcase to verify the information’s accuracy; and (v) the right to object to processing such information, or using such information for direct marketing purposes.

a.     Exercise. If you desire to exercise any of the above rights, please contact Dibcase. Dibcase will provide information about whether it holds your personal information upon request. You may access, correct, or request deletion of your personal information by contacting Dibcase, and Dibcase will respond within thirty (30) days.

b.    EU. If you reside in the EU, Dibcase is the controller of your personal information for purposes of European data protection legislation. You have a right to lodge a complaint to your local data protection authority.

8.     Cookies. Dibcase may use cookies and similar technologies in providing you services that may gather your personal information automatically. Such cookies may include: (i) cookies necessary for providing services; (ii) cookies for analytics or performance measurement purposes; (iii) cookies to improve the functionality of Dibcase’s services; (iv) cookies that target you based on, for example, pages you have visited, and such information may be shared with third parties; and (v) other cookies as Dibcase determines. Third parties may also use cookies that Dibcase has no control over. If you choose to block cookies, this may affect your ability to access and use Dibcase’s services.

a.     Advertising. Dibcase may partner with third parties for advertising purposes, and such third parties may use cookies to gather information about you from Dibcase’s platforms. If you do not wish to have this information used for personalized advertisement purposes, please contact Dibcase.

b.    Social Media. Dibcase’s website may include social media futures, which may collect your IP address, pages you visit, and may involve cookies. Such social media features may be hosted by third parties, and your interaction with such features are governed by the privacy policies of the companies providing such features.

9.     Links. Dibcase may link to third party websites, which each have their own privacy policies. Dibcase does not accept any responsibility or liability for such policies, and you must check such policies before submitting information to those sites.

10.  Children. Dibcase is not directed at persons under 16 years of age, and does not intend to collect information from such persons. If you become aware that such a person has provided personal information without the applicable consent, please contact Dibcase.

11.  Changes. Dibcase may update this privacy policy, and you should review the policy periodically. Changes are effective when posted to this policy.

12.  Notices. Dibcase will select what it believes to be the best way to contact you, in light of the purposes of such contact.

13.  Contact. For inquiries, please contact Dibcase at P.O. Box 2848, Waycross, Georgia 31502.