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CLOUDFITTERS WEBSITE TERMS OF USE

Welcome to the Cloudfitters’ website. By accessing, browsing or using our websites, you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the website and information provided by US, Inc., its subsidiaries and affiliates (hereinafter, “Cloudfitters”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR WEBSITES.

Cloudfitters may, without notice to you, at any time amend these Terms and any other information contained on this website. The latest Terms will be posted on our websites, and you should review the Terms prior to using the website. Your continued use of the websites after any changes to these Terms are posted will be considered acceptance of those changes.

SCOPE OF TERMS

These Terms apply to the Cloudfitters websites located at www.cloudfitters.com and all Cloudfitters owned and/or operated websites that are linked to www.Cloudfitters.com by Cloudfitters and its subsidiaries, including Cloudfitters websites around the world and secure areas of the websites (the “Cloudfitters Websites”). These Terms also apply to any and all online resources, materials, download areas, tools and interactive venues provided on the Cloudfitters Websites, including without limitation, blogs, community forums, chat rooms, discussion sites, knowledge centers, service offerings information (hereinafter, “Online Mediums”), both now and in the future.Cloudfitters may also publish medium-specific terms of use in which event, these Terms shall remain in full force and effect to the extent that the Terms do not conflict with the medium-specific terms of use.

TABLE OF CONTENT

OWNERSHIP OF CONTENT

TRADEMARKS

YOUR USE OF THE WEBSITES

OTHER TERMS AND CONDITIONS

LINKING TO CLOUDFITTERS WEBSITES

LINKS TO THIRD PARTY WEBSITES

FORWARD LOOKING STATEMENT

DISCLAIMER OF WARRANTIES

LIMITATION OF LIABILITY

INDEMNIFICATION

OWNERSHIP OF CONTENT

The Cloudfitters Websites; their past, present and future versions; all pages found within the Cloudfitters Websites; the material and information on the Cloudfitters Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the Cloudfitters Websites (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Cloudfitters, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the Cloudfitters Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Websites. All rights not expressly granted are reserved.

The Cloudfitters Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Cloudfitters’s express prior written authorization. You are granted permission to display on your computer, print and download the Content on this Website solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on this Website are open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the Cloudfitters Websites or the Content contained on or available through the Cloudfitters Websites or any linked websites may violate applicable Intellectual Property laws or other laws.

The Cloudfitters Websites, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, post or submissions and other materials (hereinafter, the “Submissions”) intended for review by general public, or by members of any public or private community. Cloudfitters does not claim ownership of the third party submitted content and shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by Cloudfitters and are provided solely for convenience to Cloudfitters customers and users. Cloudfitters reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.

Copyrights Infringement Complaints. You may not use the Cloudfitters Websites, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties. Cloudfitters encourages you to report any content on the Cloudfitters Websites that you believe infringes your copyright. If you would like to submit a Copyright Infringement Complaint, click here.

TRADEMARKS

The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the Cloudfitters Websites are either common-law service marks, trademarks or registered service marks or trademarks of Cloudfitters US, Inc. or its subsidiaries and are protected by trademark laws in the United States and other countries, and international laws and treaties. Other names of actual companies and products mentioned on the Cloudfitters Websites may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with Cloudfitters. Nothing contained on the Cloudfitters Websites should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the Cloudfitters Websites. You are not permitted to use any Marks displayed on the Websites, metatags or any other “hidden text” utilizing Marks of Cloudfitters and its licensors, without prior written permission of Cloudfitters or such third party who may own the Mark.

For information on use of Cloudfitters trademarks, click here.

YOUR USE OF THE WEBSITES

Privacy Statement. Cloudfitters Privacy Statement, as it may change from time to time, applies to collection and use of your information and is made a part of these Terms by this reference.

Password Protected Areas. Access to and use of password protected areas of the Cloudfitters Websites is restricted to authorized users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the Cloudfitters Websites; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to Cloudfitters; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify Cloudfitters immediately of any unauthorized access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorized access to your account. Cloudfitters will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by Cloudfitters or any other user or visitor to the Cloudfitters Websites due to someone else using your password or account. You may not use anyone else’s account at any time, without the permission of the account holder.

Content you Submit. Cloudfitters appreciates hearing from you. Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users. You acknowledge and agree, that as to any content you, as a user, may submit via the Online Mediums become public information and it shall be deemed to be provided on a non-confidential basis, except for resumes submitted solely for consideration for employment with Cloudfitters which may be shared with Cloudfitters on a “need to know” basis. You should always use caution when submitting personal identifiable information about yourself or third parties in any Online Mediums. Cloudfitters is free to use or disseminate such contributed content on an unrestricted basis for any purpose, and you grant Cloudfitters an irrevocable, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such Submission and contributed content (including, without limitation, creative ideas, suggestions, materials, names, voices, likeness and other personal identifiable information contained in your Submission) in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you.

Cloudfitters is under no obligation to use the contributed content and your Submissions and may remove any such content or Submission at any time at its sole discretion. Cloudfitters reserves the right to terminate your access to Online Mediums at any time, without notice, for any reason whatsoever.

You represent and warrant that you own or otherwise have permission to submit any such materials and grant Cloudfitters the rights described herein.

No unlawful or Prohibited Use. You agree not to upload, post or otherwise transmit via the Online Mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorized disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.

You also agree not to use the Cloudfitters Websites or Online Mediums to: (i) impersonate an employee or a representative of Cloudfitters, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication; (iv) attempt to gain unauthorized access to any portion or feature of the Cloudfitters Websites or any other system or networks connected to the Cloudfitters Website or any other services offered through the Cloudfitters Websites, and/or other accounts not belonging to you, or violate security of any portion of the Cloudfitters Websites, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the Cloudfitters Website or Online Mediums through any means; (vi) attempt to interfere with the proper working of the Cloudfitters Websites or any transaction being conducted on the Cloudfitters Websites or to restrict or inhibit any other user from accessing or using the Cloudfitters Websites, by means of hacking or defacing any portion of the Cloudfitters Websites; (vii) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Assets Control.

OTHER TERMS AND CONDITIONS

Your Purchase of Services and Services Availability. Specific terms and conditions apply to your purchase of services from Cloudfitters and to specific portions or features of the Cloudfitters Websites. Cloudfitters’s obligations with regards to its services offered on the Cloudfitters Websites are governed solely by such terms and conditions and nothing contained on the Cloudfitters Websites or in these Terms shall be construed to alter services specific terms and conditions. The materials on the Websites with respect to services may be outdated and Cloudfitters makes no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that Cloudfitters will make available such services in your country. Please consult your local Racker for information regarding the availability of particular services offering in your country.

Promotions. The Websites may contain or offer sweepstakes, contests, promotions or other similar features, which may be subject to a separate set of rules that describe the contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.

LINKING TO Cloudfitters WEBSITES

We greatly appreciate your efforts in letting your clients know about us. You may link to the Cloudfitters Websites by using a text link and linking to Cloudfitters Websites homepage. Linking directly to any other webpage or content within the Cloudfitters Websites is prohibited without Cloudfitters prior written permission. Cloudfitters only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around the website content or any pages on the Websites or use other techniques that alter in any way the visual presentation or appearance of any content within the Cloudfitters Websites; (iii) misrepresent your relationship with Cloudfitters or otherwise create a false affiliation, connection or association with Cloudfitters; (iv) imply that Cloudfitters approves or endorses you, your website, or your services or product offerings; (v) present false or misleading impression about Cloudfitters or otherwise damage the goodwill associated with the Cloudfitters name or trademarks; (v) use Cloudfitters trademarks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilize Cloudfitters name, trademarks, service marks, colors, logos or any other brand features of Cloudfitters, nor your relationship with Cloudfitters for purposes of or in any manner which intentionally gives rise to advertising or publicity without Cloudfitters prior written permission. As a further condition to being permitted to link to the Cloudfitters Websites, you agree that Cloudfitters may at any time, in its sole discretion, terminate permission to link to the Cloudfitters Websites. In such event, you agree to immediately remove all links to the Cloudfitters Websites and to cease using any Cloudfitters trademark. Cloudfitters reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the Cloudfitters websites.

Except for the link logos as provided by Cloudfitters, you may not use the Cloudfitters corporate logo or any other brand feature to link to Cloudfitters. For information on use of Cloudfitters trademarks, click here.

LINKS TO THIRD PARTY WEBSITES

The Cloudfitters Websites may contain links and references to non-Cloudfitters websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave Cloudfitters Websites and access Linked Websites, you do so at your own risk and Cloudfitters will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such content, goods or services available on or through any such Linked Website. Cloudfitters has not reviewed the Linked Websites and we are not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on our Websites does not apply approval or endorsement by Cloudfitters of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain Cloudfitters logo, are independent websites, and Cloudfitters does not control the content on that Linked Website. Additionally, Cloudfitters is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from Cloudfitters, by way of reference or link provided on the Cloudfitters Websites.

FORWARD-LOOKING STATEMENTS

All statements on the Cloudfitters Websites other than statements of historical fact are statements that could be deemed forward-looking statements, including, but not limited to, any projections of financial information; any statements about historical results that may suggest trends for our business; any statements about operational improvements or third party data that may suggest trends for our business or industry; any statements of the plans, strategies, and objectives of Cloudfitters for future operations or service offerings; any statements of expectation or belief regarding future events, potential markets or market size; technology developments; and any statements of assumptions underlying any of the items mentioned. Risks, uncertainties and assumptions include the possibility that expected benefits from our operational improvements or service offerings may not materialize. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties that involve risks, many of which are beyond our control and not guarantees of future performance. If such risks or uncertainties materialize or such assumptions prove incorrect, the results of Cloudfitters could differ materially from our current expectations as a result of many factors, including but not limited to: the unpredictable nature of our rapidly evolving market and quarterly fluctuations in our business; the effects of competition; and any adverse changes in our indirect channel relationships. These and other risks and uncertainties associated with our business are described in our quarterly and annual reports filed with the Securities and Exchange Commission at www.edgar.gov. Except as required by law, Cloudfitters assumes no obligation to update these forward-looking statements publicly, or to update the reasons actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.

DISCLAIMER OF WARRANTIES

Your use of and access to the Cloudfitters Websites, Online Mediums and Content posted by Cloudfitters, its divisions, subsidiaries or user generated content posted by third parties is at your sole risk. The Websites, Online Mediums and Content are provided for informational purposes only on an “AS IS” and “AS AVAILBALE” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose. Cloudfitters makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the Content. Cloudfitters further makes no representations, warranties or guarantees that the quality and reliability of any information, and hosting services obtained from the Website, Online Mediums and/or Content will meet your expectations and requirements, be virus-free, or perform error- and damage-free. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Website, Online Mediums and/or Content.

LIMITATION OF LIABILITY

You expressly understand and agree that Cloudfitters and any contributor to the user generated content via Online Mediums (“Cloudfitters Licensors”) SHALL NOT BE LIABLE to you for:

1) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes Cloudfitters and Cloudfitters Licensors may make to the Websites, Online Mediums and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords.

2) to the full extent permitted by law, Cloudfitters and Cloudfitters Licensors are not liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with your use of or related to the Websites, Online Mediums and Content (including without limitation for loss of or damage to business, revenues, goodwill or data) even if Cloudfitters and Cloudfitters Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action.

3) Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold Cloudfitters, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representative and Cloudfitters Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Websites, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the Website and Online Mediums; (iii) your violation of these Terms or Website specific Terms and Conditions. This indemnification obligation will survive the termination of your Cloudfitters account or these Terms.

GENERAL

The Terms constitute the entire agreement between you and Cloudfitters relating to your use of and accessing to the Cloudfitters Websites and Online Mediums and Content. You may also be subject to Online Medium or Content specific terms of use. Texas law and U.S. federal law shall govern any action related to the Terms and your use of the Online Mediums and Content, without regard to the choice of law rules. In any dispute between you and Cloudfitters, you agree to submit to personal and exclusive jurisdiction of the courts located in Bexar County, Texas, United States. In the event of any violations of the Terms, Cloudfitters reserves the right to disable your access to the Online Mediums and Content and seek all remedies available by law and in equity.

Thank you for reading through these Terms and now, enjoy our Websites.

INTERNATIONAL Cloudfitters WEBSITE TERMS OF USE

Welcome to this Cloudfitters website. By accessing, browsing or using this website and all Cloudfitters owned and/or operated websites-, (the “Cloudfitters Websites”), you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the Cloudfitters Websites. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE Cloudfitters WEBSITES.

Cloudfitters may, without notice to you, at any time amend these Terms and any other information contained on the Cloudfitters Websites. Your continued use of the Cloudfitters Websites after any changes to these Terms have been posted will be considered your acceptance of those changes.

You agree that your use of the Cloudfitters Websites is on behalf of your company or another legal entity and you hereby represent and warrant that you are not a consumer.

SCOPE OF TERMS

These Terms apply to Cloudfitters Websites and to any secure areas of those websites. These Terms also apply to any and all online resources, materials, download areas, tools and interactive venues provided on the Cloudfitters Websites, including without limitation, blogs, community forums, chat rooms, discussion sites, service offerings information (hereinafter, “Online Mediums”), both now and in the future. Cloudfitters may also publish medium-specific terms of use, in which event these Terms shall remain in full force and effect to the extent that the Terms do not conflict with the medium-specific terms of use.

TABLE OF CONTENT

Ownership of Content

Copyright

Trade Marks

Your Use of the Cloudfitters Websites

Other Terms and Conditions

Linking to Cloudfitters Websites

Links to Third Party Websites

Forward-Looking Statement

Disclaimer of Warranties

Limitation of Liability

Indemnification

General

OWNERSHIP OF CONTENT

The Cloudfitters Websites; their past, present and future versions; all pages found within the Cloudfitters Websites; the material and information on the Cloudfitters Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitation the design, structure, “look and feel” and arrangement of such content contained on the Cloudfitters Websites (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Cloudfitters, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the Cloudfitters Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Cloudfitters Websites. All rights not expressly granted are reserved.

The Cloudfitters Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Cloudfitters’s express prior written authorisation. You are granted permission to display on your computer, print and download the Content on the Cloudfitters Websites solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on the Cloudfitters Websites are open source Content and documents subject to the applicable open source licence and are so marked. Your use of those materials is governed by the individual applicable licence. Unauthorised use of the Cloudfitters Websites or the Content contained on or available through the Cloudfitters Websites or any linked websites may violate applicable Intellectual Property laws or other laws.

The Cloudfitters Websites, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, posts or submissions and other materials (hereinafter, the “Submissions”) intended for review by the general public, or by members of any public or private community. Cloudfitters does not claim ownership of the Submissions and to the full extent permitted by law shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by Cloudfitters and are provided solely for convenience to Cloudfitters customers and users. Cloudfitters reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.

Notice and takedown of material. Cloudfitters encourages you to report material that you believe warrants removal from the Cloudfitters Websites, Online Mediums and Content based on applicable laws. If you would like to report such material for removal, please click here. If you believe that any of the material on the Cloudfitters Websites infringes your copyright, please click here to submit a Copyright Infringement notice. Following Cloudfitters’s receipt of your report of material that you believe warrants removal or Copyright Infringement notice, as applicable, Cloudfitters will contact you as quickly as possible. Cloudfitters may request you provide additional information as necessary to investigate your specific report of material that you believe warrants removal and/or Copyright Infringement complaint.

COPYRIGHT

Cloudfitters retains copyright and/or applicable rights to all text and graphic images supplied on Cloudfitters Websites.

You may print and download the information on Cloudfitters Websites for your own personal, non-commercial and educational use. Unless permitted by mandatory rules of law, you may not distribute any text or graphics featured on Cloudfitters Websites to others without the express written permission of Cloudfitters, “mirror” this information on your own site without written permission from Cloudfitters, or modify or re-use in any way the text or graphics on this site.

You may not use the Cloudfitters Websites, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties.

TRADEMARKS

The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the Cloudfitters Websites are either common-law trademarks or registered trademarks of Cloudfitters US, Inc. or its subsidiaries and are protected by trade mark and other laws in the United States, the European Union and other countries, and international laws and treaties.

Use of Cloudfitters trademarks is prohibited unless expressly authorised by Cloudfitters. You are not permitted to use any Marks displayed on the Cloudfitters Websites, metatags or any other “hidden text” utilising Marks of Cloudfitters and its licensors, without the prior written permission of Cloudfitters or such third party who may own the Mark. Without the express prior written consent of Cloudfitters US, Inc., no Cloudfitters Mark may be used in a manner that implies an affiliation with, approval by, endorsement of or sponsorship by Cloudfitters.

All Marks remain the sole property of their respective holders. You may print copies or download copies of the information on this site for your own personal, non-commercial and educational use.

You may not distribute any text or graphics herein to others without the express written permission of Cloudfitters, “mirror” this information on your own site without permission from Cloudfitters, or modify or re-use in any way the text or graphics on this site.

The names of actual companies and products mentioned on the Cloudfitters Websites may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with Cloudfitters. Nothing contained on the Cloudfitters Websites should be construed as granting, by implication or otherwise, any licence or right to use any Marks displayed on the Cloudfitters Websites.

Trademark guidelines and a list of Cloudfitters trademarks and service marks can be found here: www.Cloudfitters.com/information/legal/tmlist.

Logo Requests. Cloudfitters customers wishing to use the “Powered By Cloudfitters” logo or the “Powered By GreenSpace” logo must visit the following URL: www.Cloudfitters.com/forms/logorequest.php and fill out our logo request form.

Cloudfitters channel partners may use the channel partner tier logo as specified in their agreement with Cloudfitters and according to specific guidelines and other partner program resources provided to channel partners.

YOUR USE OF THE Cloudfitters WEBSITES

Privacy Policy. Cloudfitters’s privacy policy, as it may change from time to time, applies to the collection and use of personal data and is made a part of these Terms by this reference. The privacy policy is available on the same Cloudfitters Website that features these Terms.

Password Protected Areas. Access to and use of password protected areas of the Cloudfitters Websites is restricted to authorised users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the Cloudfitters Websites; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to Cloudfitters; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify Cloudfitters immediately of any unauthorised access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorised access to your account. To the full extent permitted by law Cloudfitters will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by Cloudfitters or any other user or visitor to the Cloudfitters Websites due to someone else using your password or account because of your non-performance under these Terms. You may not use anyone else’s account at any time, without the permission of the account holder.

Content you Submit. Cloudfitters appreciates hearing from you. Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users. You acknowledge and agree, that any content you, as a user, may submit via the Online Mediums will become public information and it shall be deemed to be provided on a non-confidential basis, except for resumes submitted solely for consideration for employment with Cloudfitters which may be shared within Cloudfitters on a “need to know” basis. You should always use caution when submitting personal data about yourself or third parties in any Online Mediums. Without prejudice to the limitations of use of your personal data as set out in Cloudfitters’s Privacy Policy, as it may change from time to time, Cloudfitters is free to use or disseminate such contributed content on an unrestricted basis for any purpose, and you grant Cloudfitters an irrevocable, worldwide, perpetual, royalty-free licence to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such Submission and contributed content (including, without limitation, creative ideas, suggestions, materials, names, voices, likeness and other personal data contained in your Submission) in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you.

Cloudfitters is under no obligation to use the contributed content and your Submissions and may remove any such content or Submission at any time at its sole discretion. Cloudfitters reserves the right to terminate your access to Online Mediums at any time, without notice, for any reason whatsoever.

You represent and warrant that you own or otherwise have permission to submit any such materials and grant Cloudfitters the rights described herein.

No Unlawful or Prohibited Use. You agree not to upload, post or otherwise transmit via the Online Mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorised disclosure of personal or confidential information; (iii) infringes any patent, trade mark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.

You also agree not to use the Cloudfitters Websites or Online Mediums to: (i) impersonate an employee or a representative of Cloudfitters, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorised communication; (iv) attempt to gain unauthorised access to any portion or feature of the Cloudfitters Websites or any other system or networks connected to the Cloudfitters Website or any other services offered through the Cloudfitters Websites, and/or other accounts not belonging to you, or violate security of any portion of the Cloudfitters Websites, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the Cloudfitters Website or Online Mediums through any means; (vi) attempt to interfere with the proper working of the Cloudfitters Websites or any transaction being conducted on the Cloudfitters Websites or to restrict or inhibit any other user from accessing or using the Cloudfitters Websites, by means of hacking or defacing any portion of the Cloudfitters Websites; (vii) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Assets Control.

OTHER TERMS AND CONDITIONS

Your Purchase of Services and Services Availability. Specific terms and conditions apply to your purchase of services from Cloudfitters and to specific portions or features of the Cloudfitters Websites. Cloudfitters’s obligations with regards to its services offered on the Cloudfitters Websites are governed solely by such terms and conditions and nothing contained on the Cloudfitters Websites or in these Terms shall be construed to alter terms and conditions that are specific to services. The materials on the Cloudfitters Websites with respect to services may be outdated and Cloudfitters makes no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that Cloudfitters will make available such services in your country. Please consult your local Racker for information regarding the availability of particular service offerings in your country.

Promotions. The Cloudfitters Websites may contain or offer promotions or other similar features, which may be subject to a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.

LINKING TO Cloudfitters WEBSITES

We greatly appreciate your efforts in letting your clients know about us. You may link to the Cloudfitters Websites by using a text link and linking to a Cloudfitters Websites homepage. Linking directly to any other webpage or content within the Cloudfitters Websites is prohibited without Cloudfitters’s prior written permission. Cloudfitters only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around any content on the Cloudfitters Websites or any pages on the Cloudfitters Websites or use other techniques that alter in any way the visual presentation or appearance of any content within the Cloudfitters Websites; (iii) misrepresent your relationship with Cloudfitters or otherwise create a false affiliation, connection or association with Cloudfitters; (iv) imply that Cloudfitters approves or endorses you, your website, or your services or product offerings; (v) present a false or misleading impression about Cloudfitters or otherwise damage the goodwill associated with the Cloudfitters name or Marks; (v) use Cloudfitters Marks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilise Cloudfitters name, Marks, colours, logos or any other brand features of Cloudfitters, nor your relationship with Cloudfitters for purposes of or in any manner which intentionally gives rise to advertising or publicity without Cloudfitters’s prior written permission. As a further condition to being permitted to link to the Cloudfitters Websites, you agree that Cloudfitters may at any time, in its sole discretion, terminate permission to link to the Cloudfitters Websites. In such event, you agree to immediately remove all links to the Cloudfitters Websites and to cease using any Cloudfitters Marks. Cloudfitters reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the Cloudfitters Websites.

Except for the link logos as provided by Cloudfitters, you may not use the Cloudfitters corporate logo or any other brand feature to link to Cloudfitters.

LINKS TO THIRD PARTY WEBSITES

The Cloudfitters Websites may contain links and references to non-Cloudfitters websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave Cloudfitters Websites and access Linked Websites, you do so at your own risk and Cloudfitters will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection with any purchase or use of any such content, goods or services available on or through any such Linked Website. Cloudfitters has not reviewed the Linked Websites and Cloudfitters is not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on Cloudfitters Websites does not apply approval or endorsement by Cloudfitters of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain a Cloudfitters logo, are independent websites, and Cloudfitters does not control the content on that Linked Website. Additionally, Cloudfitters is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from Cloudfitters, by way of reference or link provided on the Cloudfitters Websites.

FORWARD-LOOKING STATEMENTS

All statements on the Cloudfitters Websites other than statements of historical fact are statements that could be deemed forward-looking statements, including, but not limited to, any projections of financial information; any statements about historical results that may suggest trends for our business; any statements about operational improvements or third party data that may suggest trends for our business or industry; any statements of the plans, strategies, and objectives of Cloudfitters for future operations or service offerings; any statements of expectation or belief regarding future events, potential markets or market size; technology developments, and any statements of assumptions underlying any of the items mentioned. Risks, uncertainties and assumptions include the possibility that expected benefits from our operational improvements or service offerings may not materialise. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties that involve risks, many of which are beyond our control and not guarantees of future performance. If such risks or uncertainties materialise or such assumptions prove incorrect, the results of Cloudfitters could differ materially from our current expectations as a result of many factors, including but not limited to: the unpredictable nature of our rapidly evolving market and quarterly fluctuations in our business; the effects of competition; and any adverse changes in our indirect channel relationships. These and other risks and uncertainties associated with our business are described in our quarterly and annual reports filed with the Securities and Exchange Commission at www.sec.gov/edgar.shtml. Except as required by law, Cloudfitters assumes no obligation to update these forward-looking statements publicly, or to update the reasons, and actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, you expressly understand and agree that Cloudfitters and any contributor to the user-generated content via Online Mediums (“Cloudfitters Licensors”) SHALL NOT BE LIABLE to you for:

1) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes Cloudfitters and Cloudfitters Licensors may make to the Cloudfitters Websites, Online Mediums and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords;

2) any loss or damage which you may incur as a result of your leaving the Cloudfitters Websites and accessing Linked Websites. This includes without limitation any loss or damage that you may incur as a result of any reliance placed by you on the accuracy, completeness or suitability of the content on Linked Websites;

3) to the full extent permitted by law, any damages whatsoever, including without limitation direct, indirect, special, incidental, consequential damages arising out of or in connection with your use of, your inability to use, or results of the use of the Cloudfitters Websites, Online Mediums and Content and any Linked Websites (including without limitation for loss of or damage to business, revenues, goodwill or data) even if Cloudfitters and Cloudfitters Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such loss or damages, however they arise, whether in breach of contract, negligence or other tortious action.

Nothing in these Terms shall exclude or limit liability to a greater extent than is permitted by applicable law and nothing in these Terms shall exclude or limit liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by negligence.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold Cloudfitters, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives and Cloudfitters Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Cloudfitters Websites, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the Cloudfitters Websites and Online Mediums; (iii) your violation of these Terms or Cloudfitters Websites’ specific Terms and Conditions. This indemnification obligation will survive the termination of your Cloudfitters account or these Terms.

GENERAL

The Terms constitute the entire agreement between you and Cloudfitters relating to your use of and access to the Cloudfitters Websites and Online Mediums and Content. You may also be subject to Online Medium or Content specific terms of use. Where these Terms intend to create any right for any third party to rely upon these Terms in any way and/or where specific clauses of these Terms are considered to be so called “third party stipulations” and such are accepted by the respective third party, such third party shall not become a party to the agreement between you and Cloudfitters. The laws of England shall govern any action related to the Terms and your use of the Online Mediums and Content, without regard to the choice of law rules. In any dispute between you and Cloudfitters, you agree to submit to the non-exclusive jurisdiction of the courts located in England. In the event of any violations of the Terms, Cloudfitters reserves the right to disable your access to the Cloudfitters Websites, Online Mediums and Content and seek all remedies available by law and in equity.

Thank you for reading through these Terms. Now please enjoy our Cloudfitters Websites.

ACCEPTABLE USAGE POLICY

 

 

ACCEPTABLE USE POLICY This Acceptable Use Policy (“AUP”) describes activities prohibited on the Cloudfitters network for the protection of Cloudfitters and its Representatives, Services, network and other customers. Questions regarding this policy should be directed to support@Cloudfitters.com.

1. ABUSE. Customer shall not use Cloudfitters’s Services or network to engage in, foster, solicit or promote illegal, abusive or irresponsible behavior including:

1.1. conduct likely to breach any laws, codes or regulations applicable to the parties (including conduct infringing or misappropriating intellectual property, trade secrets, confidential or proprietary information; or which is fraudulent, unfair, deceptive or defamatory);

1.2. unauthorized access to, monitoring or use of, or interference with an internet account, computer, systems, networks, data or traffic;

1.3. intentionally, knowingly or recklessly introducing any malicious code into the Services;

1.4. conduct violating rules and conventions of any domain registrar, email service, bulletin board, chat group, or forum used in conjunction with Cloudfitters Services or network (including using false, misleading or deceptive TCP-IP packet header information in an email or newsgroup posting);

1.5. deceitfully collecting, transmitting or using information, or distributing software which covertly gathers or transmits information about a user;

1.6. distributing advertisement delivery software unless the user affirmatively consents to download and installation based on clear and conspicuous notice of the nature of the software, and can easily remove software using standard tools included on major operating systems;

1.7. conduct likely to result in retaliation or adverse action against Cloudfitters or its services, network, website or Representatives (including resulting in listing of Cloudfitters IP space on an abuse database);

1.8. conduct intended to withhold or cloak identity or contact information, registering to use Services under a false name, or using an invalid or unauthorized credit card in connection with Services; 1.9. gambling activity violating any applicable codes of practice, required licenses or technical standards;

1.10. use of any Cloudfitters provided shared system in a way that unnecessarily interferes with the normal operation of the shared system, or consumes a disproportionate share of system resources; and

1.11. conduct creating a risk to safety or health, national security or law enforcement.

2. OFFENSIVE BEHAVIOR. Customer shall not be abusive or offensive to Cloudfitters Representatives. Customer shall not publish, transmit or store on or via the Services content or links to content that Cloudfitters reasonably believes relates in any manner to child pornography, bestiality, non-consensual sex acts, or live sex acts; or is excessively violent, incites or threatens violence, contains harassing content or hate speech, violates a person’s privacy, is malicious or morally repugnant.

3. NO HIGH RISK USE. Customer shall not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage (including in connection with aircraft or other modes of human mass transportation, or nuclear or chemical facilities).

4. MAIL REQUIREMENTS. For bulk or commercial email sent by or on behalf of Customer using the Services or from any network that directly or indirectly refers recipients to a site hosted using the Services (including using third party distribution lists), Customer shall:

4.1. post a privacy policy for each associated domain;

4.2. post an email address for complaints in a conspicuous place on any associated website, promptly respond to messages sent to that address, and have means to track anonymous complaints;

4.3. obtain affirmative consent to receive e-mail from intended recipients using reasonable means to verify ownership of the e-mail address, honor and notify recipients of consent revocation, and evidence consent within 72 hours of recipient or Cloudfitters request; and

4.4. include the recipient’s e-mail address in the e-mail body or “TO” line.

5. VULNERABILITY TESTING. Customer shall not attempt to test the vulnerability of a Cloudfitters system or network, or attempt to breach Cloudfitters security measures, by any means (Customer may conduct vulnerability testing of their Hosted System only with Cloudfitters’s prior written consent).

6. EXPORT CONTROL. Customer shall ensure Services are not used in breach of export laws, controls, regulations or sanction policies of the United States or Customer’s applicable jurisdiction. Customer shall ensure Services are not used by any person or entity suspected of involvement or affiliation with those involved in activities or causes relating to: human trafficking; illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical, or biological weapons, weapons of mass destruction, or missiles.

7. COOPERATION WITH INVESTIGATIONS AND PROCEEDINGS. Customer agrees Cloudfitters may permit a relevant authority to inspect Customer’s content or traffic if Cloudfitters is legally required to do so, provided Cloudfitters gives Customer reasonable prior notice (where permitted by applicable law and regulation). Cloudfitters may report to appropriate authorities any Customer conduct Cloudfitters believes violates applicable law without notice to Customer (including providing any information about Customer, its users or traffic). Cloudfitters may cooperate in response to a formal request from a law enforcement or regulatory agency investigating conduct Cloudfitters believes violates applicable law, or in a civil action that on its face meets the requirements for such a request.

8. DOMAIN NAMES, IP ADDRESSES AND DNS RECORDS. Customer shall maintain valid information with Customer’s domain name registrar for any domain hosted on the Cloudfitters network, and only use IP addresses assigned to Customer by Cloudfitters in connection with the Services. Customer agrees Cloudfitters may modify, transfer or delete any DNS record or zone on Cloudfitters managed or operated DNS servers or services upon request from the registrant or administrative contact according to the registrar’s WHOIS system.

9. CHANGES TO AUP. Cloudfitters may amend the AUP by publishing a revised version at www.Cloudfitters.com/information/legal/aup, or in the event of a material adverse AUP change by providing Customer 30 days written notice. The revised AUP shall become effective as to Customer on the first to occur of:

(i) Customer’s execution of a new or additional agreement for all or part of the Services incorporating the revised AUP,

(ii) the first day of an Agreement renewal term beginning at least 30 days after revised AUP publication, or

(iii) expiry of written notice of material adverse AUP change. If compliance with the revised AUP would adversely affect Customer’s use of the Services, Customer may terminate the affected Services (without payment of an early termination fee) by giving Cloudfitters written notice of Customer’s objection no later than 30 days following the date that the revised AUP would otherwise have become effective as to Customer; Customer may continue 3 of 3 using the Services for up to an additional 90 days subject to the prior version of the AUP; and Cloudfitters may decide to waive the AUP change as to Customer in which case the notice of termination shall be of no effect.

10. AUP BREACH. If Customer breaches the AUP (including unintentionally, resulting from Customer’s failure to use reasonable security precautions, or as a result of activity occurring without Customer authorization) Cloudfitters may block any content or traffic, suspend the Services, or terminate the Services in accordance with the Agreement. No credit shall be available under any Service Level Agreement for interruptions of Services resulting from AUP breach. Customer’s use of the Services to assist another person in an activity that would breach this AUP if performed by Customer is an AUP breach.

PRIVACY NOTICE

Cloudfitters. The right Cloud solution fit

 

 

YOUR PRIVACY RIGHTS 

 

At Cloudfitters Technology Global, Inc., and its group companies, (“Cloudfitters Technology”, “we”, “us”, and “our”), privacy commitments are fundamental to the way we run our business. Unless otherwise noted or governed by law, these commitments apply to everyone who has a relationship with us – including customers, partners, and website visitors. Cloudfitters Technology is committed to providing you with the best overall experience in all of our products and services. We strive to strike the right balance between using your data to ensure the quality of those experiences and protecting your privacy. We have assessed all aspects of our business and optimized the amount of data we collect to find just the right balance between data sharing and service. 

 

Scope 

 

This Privacy Notice explains the different ways that we collect, use, and share personal information of: 

 

▪ employees, job applicants, visitors, and users of our site; 

▪ prospective and current customers using Cloudfitters Technology hosting and information technology services and support (the “Services”);

 ▪ users of any mobile-device applications that we offer (such as its iOS and Android applications); 

▪ service providers and business partners; and 

▪ other individuals with whom we interact. 

 

From time to time, we may send you other information about our data collection, use and sharing practices. These additional notices may supplement this Privacy Notice; provide you with further options related to how we process your data; or clarify our privacy practices as described in the notice. When we make material changes to this Privacy Notice, we will take suitable measures to notify you in a manner that is consistent with the significance of the changes made and as required by applicable law. Please review this Privacy Notice regularly to be informed of how Cloudfitters Technology is collecting and protecting your Personal Information. 

 

What Personal Information We Collect and How We Collect It 

 

Definition of personal information: “Personal Information” or “personal data” means any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular, by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity. 

 

Information we collect automatically

 

When you visit our site, email us, or download our mobile applications, we collect information sent to us by your computer, mobile phone, or other access device, some of which may be deemed Personal Information. The information sent to us may include but is not limited to the following: information about the pages you access, computer IP address, device ID or unique identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from the sites, referral URL, ad information, and standard web log Information and other information. We may also collect anonymous information through our use of cookies and web beacons. 

 

Information you provide to us:

 

 We may collect Personal Information, such as your name, address, phone, email, payment information (such as credit or debit card number) and other information that you enter directly onto or in connection with our site. Generally, Personal Information is requested when: (i) Cloudfitters Technology customers log into the site for products and services and (ii) when visitors to our site request certain information about Cloudfitters Technology products and services. If you fail to provide the requested Personal Information, you may not be able to access all or portions of the site or purchase products and services. 

 

Information we receive from other sources: 

 

We work closely with third parties (for example, business partners, service providers, sub-contractors, advertising networks, analytics providers, social media platforms, event organizers, credit reference agencies, fraud protection services, channel partners or resellers) and may receive information about you from them. Examples of the information we may receive from the other sources include: account information, name, address, telephone number, job role, office location, publicly available employment profile, approximate location (based on reverse IP lookup), service and support information, product or service preferences, browsing habits, credit history, or other publicly available information. We may use this information in conjunction with your contact details, transaction history, and professional information for the reasons outlined in this Privacy Notice including, but not limited to, providing relevant marketing or support, better understanding you and your preferences, and detecting or preventing fraud. 

 

Co-branding: 

Cloudfitters Technology’s website may offer links to other sites. If you visit one of these sites, you should review the privacy policy on that site. In addition, you may have visited our website through a link or a banner advertisement on another site. In such cases, the site you linked from may collect information from people who click on the banner or link. You may want to refer to the privacy policies on those sites to see how they collect and use this information. 

 

Social media platforms or other forums:

 

 We may receive certain information that’s stored or processed by third parties, such as the social media sites Facebook®, Twitter® and LinkedIn® when you interact with us through these social media platforms. Cloudfitters Technology websites may include: social media features such as the Facebook “Like” button, and widgets such as the “share this” button. These features may collect your IP address as well as details of the pages you are visiting on Cloudfitters Technology websites. Social media features and widgets are either hosted by a third party or hosted by Cloudfitters Technology websites. Each social media platform may have its own privacy notices that specifically govern its use of social media features. Cloudfitters Technology websites may also feature bulletin boards, blogs or forums. Any Personal Information that you choose to submit via such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages.

 

Other methods of collection: 

 

We may also collect Personal Information from or about you in other ways, such as through your contact with our HR or customer support teams, your results when you respond to a survey, and your interactions with members of the Cloudfitters Technology corporate family or other companies. End-user collection and processing: In some cases, Cloudfitters Technology administers the site on behalf of our customers, and in these circumstances we have no direct relationship with the individuals about, for, or from whom Personal Information is collected. If you are a customer or end user of a Cloudfitters Technology customer (for example, you are an end user of our customer’s product or service) and you have questions or complaints about how your Personal Information is processed, please contact our customer directly. You understand that your use of the site may be subject to terms and policies provided by our customer and that Cloudfitters Technology is not a party to such agreements. Collection of information from children: We do not knowingly collect Personal Information from children under the age of eighteen (18). Cloudfitters Technology does not target the site toward children. We encourage parents and guardians to monitor children’s online activities and ask that they do not submit any personal information. Adults who interact with Cloudfitters Technology should further take care that they do not provide any information about children.

 

 

How We Use the Personal Information We Collect; Purposes and Legal Bases for Processing 

 

Our primary purpose for collecting and processing Personal Information is to provide you with a secure, smooth, and efficient visitor and customer experience. We may also use your Personal Information to: Purpose Legal Basis Processing data in accordance with our contractual or employment relationship 1) Necessary for the performance of a contract or similar arrangement to which you are a party; and 2) Managing the employment relationship Operating this site 1) Performance of the agreement between us and you; and 2) Legitimate interest, more specifically, our economic interest in offering you products and services Providing support or carrying out the service(s) you have requested or authorized Performance of the agreement between you and Cloudfitters Technology Troubleshooting your issue and providing you with more effective customer service Performance of the agreement between you and Cloudfitters Technology Distributing alerts concerning product upgrades, special offers, white papers, upcoming events, and webinars, updated information about existing and new products and services from Cloudfitters Technolgoy or our partners and to measure the effectiveness of these communications 1) Explicit consent; 2) Performance of the agreement between you and Cloudfitters Technology; and 3) Legitimate interest, more specifically, our economic interest in making you personalized offers Processing payments for products or services you purchased Performance of the agreement between you and Cloudfitters Technology Providing or operating certain products or services that may engage in automated decisionmaking or profiling 1) Explicit consent which may be withdrawn at any time Operating and managing our business operations 1) Performance of the agreement between you and Cloudfitters Technology; and 2) Legitimate interest in ensuring the proper – 4 – functioning of our business operations Improving the security and functioning of our website, networks, and information Legitimate intetest in providing a good user experience and ensuring networks and information are secure For such other purposes as required or permitted by law Compliance with legal obligations 

 

How We Share Personal Information with Third Parties 

 

Cloudfitters Technology partners with and occasionally hires other companies to provide services on its behalf. Examples include partners or vendors who provide hosting, technical support, data analysis and insight, customer service, marketing, billing, and those that assist with financial transactions. Personal Information may be shared with these companies; however, we will only share your Personal Information to accomplish the purposes for which we collected the Personal Information. These third parties are contractually required to maintain the confidentiality of your Personal Information and are contractually prohibited from using that information for any purpose not defined in the contract. 

 

We may also share your information as follows: 

▪ with your consent; ▪ when we believe in good faith that disclosure is necessary to protect our rights or property; 

▪ when necessary to protect the vital interests of any person; 

▪ to investigate fraud or respond to a government, judicial or other legal request; 

▪ with Cloudfitters Technology group entities; ▪ to comply with the law; and 

▪ in connection with a corporate change, such as an acquisition or merger (the buyer will be informed that the information may only be used in accordance with this Privacy Notice). 

 

How We Protect and Store Personal Information 

 

We endeavor to protect the security of your Personal Information. Cloudfitters Technology has implemented appropriate administrative, technical, and physical safeguards designed to prevent unauthorized access, use or disclosure. For example, we store the Personal Information you provide on computer servers with limited access that are located in controlled facilities. We will retain Personal Information collected from you where we have a justifiable business need to do so and for as long as is needed to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law (such as legal, tax or accounting reasons). 

 

How We Use Tracking Technologies 

 

Cloudfitters Technology and its partners use cookies or similar technologies to expedite the user login process, remember user experience settings, analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.  We may partner with a third party to display advertising on our website or to manage our advertising on other sites. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to learn more about opting out of interest-based advertising, please click here or if located in the European Union, please click here. Please note you may continue to receive generic ads.

 

Do-Not-Track (DNT):

 

 DNT is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not currently respond to DNT signals. Therefore, please be advised that third party web analytics companies may collect information about your online activities over time and across our website and other online properties. 

 

How You Can Opt Out of Marketing Communications 

 

We may contact you to alert you of upcoming events, webinars, white papers and promotional campaigns relating to our products and services. If we determine that your explicit consent is needed to send marketing communications, we will obtain that consent before or at the time of Personal Information collection. Cloudfitters Technology honors your choices. You can choose whether you wish to receive promotional emails, SMS messages, telephone calls, and postal mail from us by using the opt-out methods described in that communication. For example, if you wish to stop receiving email marketing communications from us, you may click the “unsubscribe” link at the bottom of the relevant email marketing communication or by following the instructions detailed in the communication. 

 

Please note that this may not unsubscribe you from all other communications. If you wish to opt- out of all marketing communications, please contact us using the details provided below. Please note that you may not be able to unsubscribe from service-related messages. 

 

How You Can Access or Change Your Personal Information 

 

You may contact us at any time to inquire about the Personal Information we collect about you. Depending on the site you use, you may access, correct, or request deletion of your Personal Information by logging in to your account, or you may fill out the Privacy Contact Form. We will respond to your request within a reasonable timeframe. In the event Cloudfitters Technology processes information about you on behalf of one of our customers, please direct your privacy inquiries and requests for access, correction or deletion of Personal Information to the customer. If a customer requests that we remove information, we will respond within a reasonable timeframe. We may need to retain your information for a period of time in order to continue providing a service to you, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce our customer or user agreement, or take other actions as required or permitted by law. 

 

What Additional Privacy Rights Are Available in Certain Locations 

 

In addition to the rights described elsewhere in this Privacy Notice, you may have additional Personal Information protection rights pursuant to applicable information protection legislation in your state, country, or region. These rights may include but are not limited to the right to erasure, the right to information portability, the right to withdraw consent for processing, the right to object to or restrict the processing of your Personal Information, and the right to lodge a complaint with the supervisory/regulatory authority in the state, country, or region where you reside. 

 

How We Transfer Personal Information Across Borders 

 

You acknowledge (a) that you are accessing a site that is based in the United States, (b) that you are providing Personal Information to a company in the United States, and (c) that Cloudfitters Technology must adhere to laws of the United States. You agree that Personal Information collected on our site may be stored and processed in the United States or any other country in which Cloudfitters Technology, its – 6 – affiliates, partners, service providers, or agents maintain facilities, and while in such jurisdictions may be subject to access pursuant to the laws of those jurisdictions. Each of these countries has different privacy laws that afford varying levels of protection for your Personal Information, and such laws may be less stringent or may not be as comprehensive as those laws that exist in your country. Cloudfitters Technology will protect your Personal Information in accordance with this Privacy Notice wherever it is processed and will take appropriate contractual and other steps to protect the relevant Personal Information in accordance with applicable law. In certain situations, Cloudfitters Technology has created and entered into data processing or data protection agreements with relevant parties (i.e., vendors with whom we share your Personal Information). Where appropriate, these agreements incorporate the European Commission’s Standard Contractual Clauses, which have been approved by the European Commission, as well as additional guarantees to protect the rights of data subjects. Cloudfitters Technology, which includes its respective successors, subsidiaries, divisions and groups, complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union, United and the United Kingdom and Switzerland to the United States. Cloudfitters Technology has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. Cloudfitters Technology is responsible for the processing of Personal Information it receives, and under Privacy Shield we may subsequently transfer that Information to a third party acting as an agent on our behalf. Cloudfitters Technology complies with the Privacy Shield Principles for all onward transfers of Personal Information from the EU, United Kingdom, and Switzerland, including the onward transfer liability provisions. With respect to Personal Information received or transferred pursuant to the Privacy Shield Framework, Cloudfitters Technology is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Cloudfitters Technology may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. Cloudfitters Technology’s privacy practices, described in this Privacy Notice, also comply with the APEC Cross Border Privacy Rules System. The APEC CBPR system provides a framework for organizations to ensure protection of Personal Information transferred among participating APEC economies. 

 

California Consumer Privacy Act (CCPA) 

 

Cloudfitters Technology is committed to the lawful treatment and confidential handling of sensitive information, including personal information about California residents. As such, Cloudfitters Technology has a set of global information management policies including security, access, classification of information, privacy and data protection and other relevant policies and standards governing the collection, use, disclosure, transfer, retention and deletion of information. As a “Service Provider” as defined in the CCPA, Cloudfitters Technology will not sell, retain, use or disclose Personal Information for any purpose other than as set out in an agreement with our customer or as otherwise permitted or required by the CCPA. – 7 – How You Can Contact Us about Privacy Customers may contact Cloudfitters Technology with any questions, concern, or inquiries about this Privacy Policy or company data. If you would like to make a formal complaint, please contact privacy@Cloudfitters.com. Although we prefer electronic notice, you may also write to us at: Chief Privacy Officer Cloudfitters TECHNOLOGY 1 Fanatical Place Windcrest, TX 78218 If you have an unresolved privacy or information security concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Additional Privacy Notices • Cloudfitters Technology Job Candidate Privacy Notice • Cloudfitters Technology Cookie Notice • Cloudfitters Technology Mobile Application Privacy Notice

 

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