Terms of service
Last Modified April 5, 2021
TERMS OF SERVICE
Last Modified April 5, 2021
Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. This is a contract between you and Aspen. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service.
1. PLAYSPACE SERVICE
1.1 User Eligibility
You may use the Service only if you can form a binding contract with Aspen, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Aspen.
1.2 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Aspen reserves all rights not expressly granted herein in the Service and the Playspace Content (as defined below). Aspen may terminate this license at any time for any reason or no reason.
1.3 User Accounts
Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Playspace with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Aspen immediately of any breach of security or unauthorized use of your User Account. Aspen will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User Account and how you interact with the Service by changing the settings in your settings page. By providing Playspace your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1.4 Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Playspace servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email or messages; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
1.5 Changes to the Service
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
1.6 Disputes with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Aspen shall have no liability for your interactions with other Users, or for any User’s action or inaction (including, without limitation, for the revocation of your access to the Service by another User).
1.7 Service Location
The Service is controlled and operated from facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
2. USER CONTENT
Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).
We claim no ownership rights over User Content created by you. The User Content you create remains yours. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By posting, displaying, providing or otherwise making available User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. Aspen has the right (but not the obligation) in its sole discretion to remove any User Content on the Service.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to Aspen a limited, non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such User Content is in violation of these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process; and (v) as otherwise set forth in this agreement or as expressly permitted in writing by the User.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
- Your User Content and Aspen’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- Aspen may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Aspen takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Aspen shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
3. OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Playspace Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Aspen and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Playspace Content. Use of the Playspace Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Aspen under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Aspen does not waive any rights to use similar or related ideas previously known to Aspen, or developed by its employees, or obtained from sources other than you.
4. PAID MEMBERSHIP SERVICES
4.1 Paid Membership; Fees. We reserve the right, in our sole and absolute discretion, to begin charging you a regular fee for your use of the Service (“Membership”). We reserve the right to adjust Membership Fees in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any changes to the Membership Fees will be effective in the billing cycle following notice of such change to you as provided in this Agreement.
4.2 Billing Policies; Automatic Billing. If you choose to start a Membership, you authorize us to charge you a fees for your Membership (“Membership Fees”) at the then current rate, and any other charges you may incur in connection with your use of the Service. You acknowledge that the amount billed each month (or such other period as may be agreed us) (the “Billing Period”) may vary from Billing Period to Billing Period and you authorize us to charge your payment method for such varying amounts, which may be billed each Billing Period in one or more charges. We may use automatic billing as part of the Membership. If we elect to use automatic billing, The Membership Fee for our Service will be billed at the beginning of the paying portion of your Membership and at the beginning of each Billing Period thereafter unless and until you cancel your Membership in accordance with Section 4.4 of this Agreement. We automatically bill your payment method each Billing Period on the calendar day corresponding to the commencement of your Membership. We reserve the right to change the timing of our billing, if your payment method has not successfully settled.
4.3 Billing Policies. In addition to Membership, certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service (including, without limitation, the Membership), you agree to our Pricing and Payment Terms, as we may update them from time to time. Aspen may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our Pricing or Payment Terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
4.4 No Refunds. You may cancel your Membership at any time; however, there are no refunds for cancellation. To cancel your Membership, you must notify us at least twenty-four (24) hours before the start of the next Billing Period by using the appropriate functionalities in the Service or by contacting us at firstname.lastname@example.org. You may cancel your User Account at any time; however, there are no refunds for cancellation. In the event that Aspen suspends or terminates your User Account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your User Account, or for anything else.
4.5 Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You agree to pay any and all charges (including, but not limited to, Membership Fees) incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. If we are unsuccessful in charging your payment method and have still not received payment within seven (7) days after informing you, we may (without liability to you) suspend or temporarily disable all or part of your access to the Service and we shall be under no obligation to provide any or all of the Service while any overdue amounts remain unpaid. This does not affect any other rights and remedies available to us. You will pay any and all applicable taxes, if any, relating to any such payments of Membership Fees, purchases, transactions or other monetary transactions.
4.6 California Residents. The provider of services is Aspen Designs, Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
5. TEXT MESSAGING
You may sign up to receive certain Playspace notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
Aspen is committed to the integrity and security of your personal information and we take extensive measures to protect your information against accidental loss, alteration and disclosure. This includes data encryption, strict data access controls and extensive organizational security precautions. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. DMCA NOTICE
Since we respect artist and content owner rights, it is Aspen’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Aspen’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1.An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2.Identification of the copyrighted work that you claim has been infringed;
3.Identification of the material that is claimed to be infringing and where it is located on the Service;
4.Information reasonably sufficient to permit Aspen to contact you, such as your address, telephone number, and, e-mail address;
5.A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6.A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Aspen Designs, Inc.
548 Market St
San Francisco, California 94104
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying Aspen and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Aspen’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Aspen has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Aspen may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. THIRD-PARTY LINKS AND INFORMATION
You agree to defend, indemnify and hold harmless Aspen and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
11. NO WARRANTY
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Aspen or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Aspen, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
Further, Aspen does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Aspen will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
12. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Aspen, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Aspen be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Aspen assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Aspen, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Aspen in the six (6) months preceding the event which first gave rise to liability or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Aspen has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
13. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER
13.1 Governing Law.You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
13.2 Arbitration.Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Aspen. For any dispute with Aspen, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Aspen has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco, California, unless you and Aspen agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Aspen from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
13.3 Class Action/Jury Trial Waiver.With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and Aspen are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
14. ADDITIONAL TERMS FOR MOBILE APPLICATIONS
14.1 Mobile Applications.We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Aspen does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Aspen hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Playspace User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Aspen may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Aspen or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Aspen reserves all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.
14.2 Mobile Applications from Apple App Store.The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Aspen, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Aspen as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Aspen as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Aspen, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Aspen acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
14.3 Mobile Applications from Google Play Store.The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Aspen only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Aspen, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Aspen’s Google-Sourced Software.
15.1 Assignment.This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Aspen without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
15.2 Notification Procedures and Changes to the Agreement.Aspen may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Aspen in our sole discretion. Aspen reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Aspen is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Aspen may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
15.3 Entire Agreement/Severability.This Agreement, together with any amendments and any additional agreements you may enter into with Aspen in connection with the Service, shall constitute the entire agreement between you and Aspen concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
15.4 No Waiver.No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Aspen’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
15.5 Contact.Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
For the purposes of EU data protection laws ("GDPR"), Aspen is a data controller (i.e., Aspen is responsible for, and controls the processing of, your personal data).
1. WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE?
The categories of information we collect can include:
- Information you provide to us directly. We may collect personal information, such as your name, phone number, location, payment information, and e-mail address when you when you register for our Service or otherwise communicate with us. We may also collect any communications between you and Aspen and any other information you provide to Aspen.
- Data collected through the use of the Service. We collect information about how you use the Service, your actions on the Service, and content you post to the Service, including the groups you belong to, your interaction with others on the Service, and any content you provide through in-app messages, chat, or other functionality ("User Content"). To share photos and video, we will access your device camera roll and camera with your permission. If you need to update your permissions, you can do so in the "Settings" page of our Service. Please remember that Aspen may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property. By using the Service, you consent to the recording, storage and disclosure of such communications you send or receive for these purposes.
- Calendar and Address Book Information. With your permission, Aspen may access your calendar information and contact list available on your mobile device or in your email accounts so that you may: (i) provide you the features and functionalities of the Service (like Calendar synchronization and meeting management); (ii) locate your contacts on the Service; (iii) invite your contacts to connect with our Service; and (iv) to send your contacts Service-related messages at your request. When we send an invitation on your behalf to your contacts to join the Service, we may include your name and/or photo to let them know that you are the person extending the invitation. After sending these invitations, we may also send reminder emails to your invitees on your behalf, which may also include your name and photo.
- Location Information. We may collect your unique user identifier and your location through GPS, WiFi, or wireless network triangulation in order to obtain your location for the purposes of providing our Service. We maintain location information only so long as is reasonable to provide the Service and then delete location data tied to your personal information. We may maintain de-identified location data for a longer period of time in order to analyze aggregate trends and metrics. If you want to opt-out of the collection of your location data, please adjust your settings in your mobile device to limit the app’s access to your location data. Please see “Control Over Your Information” below to learn more.
We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages and push notifications, and permit you to communicate with others on the Service or invite others to join the Service. We may also send you Service-related emails or messages (e.g., account verification, change or updates to features of the Service, technical and security notices). We may also use your information, and you hereby grant us a right and license to use your information, solely in aggregate, de-identified and/or other anonymized form so that it cannot reasonably used to identify you, to improve and to train our artificial intelligence and machine learning capabilities. For more information about your communication preferences, see “Control Over Your Information” below.
We may send you marketing e-mails from time to time. If you do not wish to receive them, you can opt-out following the unsubscribe instructions in the e-mails, or by contacting us at email@example.com. We will work to honor your request within 10 business days. If you opt-out, we will still send you e-mails for service purposes, such as for communications about your account or subscription, and responses to your requests.
2. LEGAL BASIS FOR PROCESSING IN THE EU:
In the EU, the purposes for which we process your personal data are:
- the provision of personal data by you may be necessary for the performance of any contractual relationship we have with you;
- where it is necessary for compliance with our legal obligations laid down by EU law;
- where in our legitimate interests (provided these are not overridden by your interests and fundamental rights and freedoms - this includes our own legitimate interests and those of other entities and branches in our group of companies) such as:
- to contact you and respond to your requests and enquiries;
- for business administration, including statistical analysis;
- to provide the Service to you; and
- for fraud prevention and detection; and
- to comply with applicable laws, regulations or codes of practices.
We may also process your personal data on the basis of your freely given, specific, informed and unambiguous consent. You should be aware that you are entitled under GDPR to withdraw your consent where that has been given, at any time. If you do this and we have no alternative lawful reason to process your personal data, this may affect our ability to provide you with rights to use the Service.
We, and our third party partners, automatically collect certain types of usage information when you visit our Service, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, file information and similar technology (collectively, “tracking technologies”). For example, we collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device or your account, and other such information. We also collect information about the way you use our Service, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Service, whether you open emails or click the links contained in emails, whether you access the Service from multiple devices, and other actions you take on the Service. When you access our Service from a mobile device, we may collect unique identification numbers associated with your device or our mobile application, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address. We may collect analytics data, or use third-party analytics tools including Google Analytics, to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser.
We use or may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our service.
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.
4. SHARING OF YOUR INFORMATION
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.
Remember, our Service allows you to connect and interact with others. Your profile information, including your name, photo, and other personal information, will be available to other members of the Service by default when you create a profile.
We may share your personal information with:
- Other users of the Service. We share your information with third parties with whom you communicate with on the Service. You control who you want to communicate with and what information you share;
- Third parties at your request;
- Other companies and brands owned or controlled by Aspen Designs, Inc. and other companies owned by or under common ownership as Aspen, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy;
- Third-party vendors and other service providers that perform services on our behalf (including, without limitation, our third-party payment processor Stripe), as needed to carry out their work for us, which may include identifying and serving targeted advertisements, providing mailing services, providing tax and accounting services, contest fulfilment, web hosting, or providing analytic services;
- The public when you provide feedback about our Service via a publicly accessible online forum or the like;
- Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings; and
- Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Aspen, our visitors, or others.
We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.
5. CONTROL OVER YOUR INFORMATION
Account and Data Sharing Settings. You may update your account information, such as your user name and profile photo, and may change some of your data sharing preferences on your Settings page.
Access to your Device Information. You may control the app’s access to your device information through your “Settings” app on your device. For instance, you can withdraw permission for the app to access your address book and location.
How to control your communications preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).
Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, you can contact us directly at firstname.lastname@example.org. We may not be able to modify or delete your information in all circumstances.
6. FOR RESIDENTS IN THE EU AND SWITZERLAND
If you are located in the EU or Switzerland, you have the following rights in respect of your personal data that we hold:
- Right to object. YOU HAVE A RIGHT TO OBJECT TO ANY PROCESSING BASED ON OUR LEGITIMATE INTERESTS WHERE THERE ARE GROUNDS RELATING TO YOUR PARTICULAR SITUATION. YOU CAN OBJECT TO MARKETING ACTIVITIES FOR ANY REASON WHATSOEVER.
- Right of access. The right to obtain access to your personal data.
- Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete.
- Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed.
- Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data.
- Right to portability. The right to portability allows you to move, copy or transfer personal data easily from one organization to another.
You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
7. HOW WE STORE AND PROTECT YOUR INFORMATION
Keeping your information safe: We care deeply about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through our website. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Data retention: We store personal data, whether collected via our website or via any third-party integrations you might enable while using the service, for as long as necessary to fulfill the purposes for which we collect the data, except if required otherwise by law.
8. CHILDREN’S PRIVACY
Aspen does not knowingly collect or solicit any information from anyone under the age of 13 on this Service. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at email@example.com.
9. LINKS TO OTHER WEB SITES AND SERVICES
The Service may contain links and integrations to and from third party websites of our business partners, advertisers, and social media sites and our users may post links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third party sites.
10. HOW TO CONTACT US
DATA PROCESSING ADDENDUM
- In accordance with the Agreement (as defined below), this Data Processing Addendum ("DPA") sets out the basis on which Aspen processes Client Personal Data (as defined below).
- In the event of a conflict between any of the provisions of this DPA and the remaining provisions of the Agreement, the provisions of this DPA shall prevail.
- Unless otherwise set out below, each capitalised term in this DPA shall have the meaning set out in the Agreement and the following capitalised terms used in this DPA shall be defined as follows:
- "Agreement" means either Aspen's Terms of Service available here or, if Aspen has a written agreement with Client, then such written agreement;
- "Playspace Service" has the same meaning as set out in the Agreement;
- "Client Personal Data" means the personal data described in ANNEX 1 and any other personal data that Aspen processes on behalf of the Client in connection with Aspen's provision of the Playspace Service;
- "Data Protection Laws" means the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council ("GDPR") and all applicable legislation protecting the fundamental rights and freedoms of persons and their right to privacy with regard to the Processing of Client Personal Data;
- "European Economic Area" or "EEA" means the Member States of the European Union together with Iceland, Norway, and Liechtenstein;
- "Security Incident" means any accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, any Client Personal Data;
- "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);
- "Subprocessor" means any Processor engaged by Aspen who agrees to receive from Aspen Client Personal Data; and
- the terms "personal data", "Controller", "Processor", "Data Subject", "Process" and "Supervisory Authority" shall have the same meaning as set out in the GDPR.
- DATA PROCESSING
- Instructions for Data Processing. Aspen will only Process Client Personal Data in accordance with (a) the Agreement, to the extent necessary to provide the Playspace Service to the Client, and (b) the Client's written instructions, unless Processing is required by European Union or Member State law to which Aspen is subject, in which case Aspen shall, to the extent permitted by applicable law, inform the Client of that legal requirement before Processing that Client Personal Data.
- Processing outside the scope of this Agreement will require prior written agreement between the Client and Aspen on additional instructions for Processing.
- Required consents. Where required by applicable Data Protection Laws, the Client will ensure that it has obtained/will obtain all necessary consents for the Processing of Client Personal Data by Aspen in accordance with the Agreement.
- The Client agrees to defend, indemnify and keep indemnified, and hold harmless, at its own expense, Aspen against all costs, claims, damages and expenses incurred by Aspen or for which Aspen may become liable due to any failure by the Client to comply with clause 3.3.
- The Client acknowledges that Aspen is reliant on the Client for direction as to the extent to which Aspen is entitled to use and process the Client Personal Data. Consequently, Aspen will not be liable for any claim brought by a Data Subject arising from any act or omission by Aspen to the extent that such act or omission resulted from the Client's instructions or the Client's use of the Playspace Service.
- Consent to Subprocessor Engagement. The Client generally authorises the engagement of third parties as Subprocessors.
- Information about Subprocessors. A current list of Subprocessors is available here ("Subprocessor List"). The Client may receive notifications of new Subprocessors by e-mailing firstname.lastname@example.org with the subject, "Subscribe", and if a Client contact subscribes ("Client Subscriber"), Aspen shall provide the Client Subscriber with notification of new Subprocessors before authorising such new Subprocessors to Process Client Personal Data.
- Requirements for Subprocessor Engagement. When engaging any Subprocessor, Aspen will:
(a) ensure via a written agreement that:
(i) the Subprocessor only accesses and uses Client Personal Data to the extent required to perform the obligations subcontracted to it and does so in accordance with the Agreement and this DPA; and
(ii) the same obligations are imposed on the Subprocessor with regard to their Processing of Client Personal Data, as are imposed on Aspen under this DPA.
(b)remain full liable for all obligations subcontracted to, and all acts and omissions of, the Subprocessor.
- Opportunity to Object to Subprocessor Changes.
(a)Client may, on reasonable grounds, object to Aspen's use of a new Subprocessor by providing Aspen with written notice within 10 days after Aspen has provided notice to the Client as described in clause 4.2.
(b)Client may object to the appointment of that Subprocessor, on reasonable grounds, by providing documentary evidence that reasonably shows that the Subprocessor does not or cannot comply with the requirements in this DPA ("Objection"). In the event of an Objection, Aspen will use reasonable endeavours to make available to the Client a change in the Services, or will recommend a commercially reasonable change to the Services. If Aspen is unable to make available such a change within a reasonable period of time, which shall not exceed 30 days, either Party may terminate, without penalty, the Agreement by providing written notice to the other Party.
- Transfers of Personal Data Outside the EEA. To the extent that the Processing of Client Personal Data by Aspen involves the export of such Personal Data to a country or territory outside the EEA, such transfer shall be to a third party:
- in a country subject to an adequacy decision by the European Commission;
- that is a member of a compliance scheme recognised by the European Commission as offering adequate protection for the rights and freedoms of data subjects such as the EU-U.S. Privacy Shield; or
- that has signed Standard Contractual Clauses (processors) approved by European Commission Decision C(2010)593 or any subsequent version thereof released by the European Commission, (with the Client as data exporter and the third party as data importer). For this purpose, the Client appoints Aspen to act as its agent with the authority to complete and enter into the Standard Contractual Clauses as agent for the Client on its behalf for this purpose.
- DATA SECURITY, AUDITS AND SECURITY NOTIFICATIONS
- Aspen Security Obligations. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Aspen shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk including, where applicable by virtue of Article 28(3)(c) of the GDPR, and as appropriate, the measures referred to in Article 32(1) of the GDPR. Without limiting the generality of the foregoing, Aspen shall put in place and maintain the technical and organisational measures set out in ANNEX 2.
- Security Audits. Upon reasonable request from a Client, and subject to the confidentiality obligations in the Agreement, Aspen shall make available to the Client (or an independent third party auditor) information regarding Aspen's compliance with the obligations set out in this DPA, including Aspen's compliance with the security measures set out in this DPA, such as the technical and organisational measures as set out in ANNEX 2). Clients may contact Aspen by [e-mailing [insert]] to request an on-site audit of Aspen's procedures relevant to the protection of Client Personal Data, but only to the extent required by Data Protection Laws. Client shall reimburse Aspen for any time expended for any such on-site audit at Aspen's then-current rates, which shall be made available to the Client upon reasonable request. Prior to the commencement of an on-site audit, Client and Aspen shall mutually agree upon the scope, timing, and duration of the audit, in addition to the reimbursement rate for which Client shall be responsible. All reimbursement rates shall be reasonable, taking into account the resources expended by Aspen. Client shall promptly notify Aspen with information regarding any non-compliance discovered during the course of an on-site audit and Aspen shall use commercially reasonable efforts to address any confirmed non-compliance.
- Security Incident Notification. If Aspen or any Subprocessor becomes aware of a Security Incident, Aspen will (a) notify the Client of the Security Incident, (b) investigate the Security Incident and provide such commercially reasonable cooperation and assistance to the Client (and any law enforcement or regulatory official) as required to investigate the Security Incident, and (c) take steps to remedy any non-compliance with this DPA. Except as required by applicable Data Protection Laws, the obligations set out in this clause 5.3 shall not apply to security incidents caused by a Client.
- Aspen Employees and Personnel. Aspen shall treat the Client Personal Data as the Confidential Information of the Client, and shall ensure that:
- access to Client Personal Data is limited to those employees or other personnel who have a business need to have access to such Client Personal Data;
- any employees or other personnel have agreed in writing to protect the confidentiality and security of Client Personal Data.
- ACCESS REQUESTS AND DATA SUBJECT RIGHTS
- Data Subject Requests. Save as required (or where prohibited) under applicable law, Aspen shall promptly notify the Client of any request received by Aspen or any Subprocessor from a Data Subject in respect of their personal data included in the Client Personal Data, and shall not respond to the Data Subject.
- Aspen shall, where possible, assist the Client with ensuring its compliance under applicable Data Protection Laws, and in particular shall:
- provide the Client with the ability to correct, delete, block, access or copy the personal data of a Data Subject, or
- promptly correct, delete, block, access or copy Client Personal Data within the Playspace Services at the Client's request.
- Government Disclosure. Aspen shall promptly notify the Client of any request for the disclosure of Client Personal Data by a governmental or regulatory body or law enforcement authority (including any data protection supervisory authority) unless otherwise prohibited by law or a legally binding order of such body or agency.
- Data Subject Rights. Where applicable, and taking into account the nature of the Processing, Aspen shall use all reasonable endeavours to assist the Client by implementing any other appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Client’s obligation to respond to requests for exercising Data Subject rights laid down in the GDPR.
- DATA PROTECTION IMPACT ASSESSMENT AND PRIOR CONSULTATION
- To the extent required under applicable Data Protection Laws, Aspen shall provide reasonable assistance to the Client with any data protection impact assessments and with any prior consultations to any Supervisory Authority of the Client, in each case solely in relation to Processing of Client Personal Data and taking into account the nature of the Processing and information available to Aspen.
- DURATION AND TERMINATION
- Deletion of data. Subject to 8.2 and 8.3 below, Aspen shall, within 90 (ninety) days of the date of termination of the Agreement:
- return a complete copy of all Client Personal Data by secure file transfer in such a format as notified by the Client to Aspen; and
- delete and use all reasonable efforts to procure the deletion of all other copies of Client Personal Data Processed by Aspen or any Subprocessors.
- Subject to section 8.3 below, the Client may in its absolute discretion notify Aspen in writing within 30 (thirty) days of the date of termination of the Agreement to require Aspen to delete and procure the deletion of all copies of Client Personal Data Processed by Aspen. Aspen shall, within 90 (ninety) days of the date of termination of the Agreement:
- comply with any such written request; and
- use all reasonable endeavours to procure that its Subprocessors delete all Client Personal Data Processed by such Subprocessors,
and, where this section 8.2 applies, Aspen shall not be required to provide a copy of the Client Personal Data to the Client.
- Aspen and its Subprocessors may retain Client 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 Aspen shall ensure the confidentiality of all such Client Personal Data and shall ensure that such Client Personal Data is only Processed as necessary for the purpose(s) specified in the applicable laws requiring its storage and for no other purpose.
DETAILS OF THE PROCESSING OF CLIENT PERSONAL DATA
This ANNEX 1 includes certain details of the processing of Client Personal Data as required by Article 28(3) of the GDPR.
Subject matter and duration of the Processing of Client Personal Data
- The subject matter and the duration of the Processing of the Client Personal Data are set out in the Agreement including this DPA.
The nature and purpose of the Processing of Client Personal Data
- The Client Personal Data will be subject to the following basic Processing activities: transmitting, collecting, storing, and analysing data in order to provide the Playspace Service to the Client, and any other activities related to the provision of the Playspace Service or as specified in the Agreement.
The types of Client Personal Data to be Processed
- First and last name, e-mail address, telephone number;
- Calendar information, such as details of the event, time;
- IP address;
- Localization data;
- Profile photo;
- Agenda topics;
- Interactions with other users via the communications platform (messages; attached files, pictures, videos; likes and comments)
- Meeting Notes;
- Task information;
- Application usage data; and
- Any other types of Client Personal Data needed in order provide the Playspace Service.
The categories of Data Subject to whom the Client Personal Data relates
- The categories of Data Subject to whom the Client Personal Data relates concern are set out in the Agreement including this DPA
The obligations and rights of the Client
- The obligations and rights of the Client are as set out in the Agreement including this DPA
TECHNICAL AND ORGANIZATIONAL SECURITY MEASURES
1.Aspen maintains internal policies and procedures, or procures that its Subprocessors do so, which are designed to:
(a)secure any personal data Processed by Aspen against accidental or unlawful loss, access or disclosure;
(b) identify reasonably foreseeable and internal risks to security and unauthorised access to the personal data Processed by Aspen;
(c)minimise security risks, including through risk assessment and regular testing.
2.Aspen will, and will use reasonable efforts to procure that its Subprocessors conduct periodic reviews of the security of their network and the adequacy of their information security program as measured against industry security standards and its policies and procedures.
3.Aspen will, and will use reasonable efforts to procure that its Subprocessors periodically evaluate the security of their network and associated Playspace Services to determine whether additional or different security measures are required to respond to new security risks or findings generated by the periodic reviews.