Last Updated: 21 May 2018
The following are terms of a legal agreement between you and Containerize, a division of Aspose Pty Ltd who maintains this website. By accessing, browsing, and/or using this web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this web site.
Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Containerize may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
The security procedures and measures Containerize users is publicly available at security practices which is incorporated herein by this reference and which may be updated from time to time. In regards to the protection of user data, Containerize will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of User Data as described in the security policy above. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of User Data by Containerize personnel except (a) to provide the Service and prevent or address service or technical problems, (b) as compelled by law in accordance, or (c) as a User or User expressly permit in writing.
The Services are performed using equipment or facilities located in the United States. Containerize’s US service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission). This provides legal grounds for assuring that, when processed in the United States, the personal data of EU citizens that are processed by Containerize customers when using the Service will receive from Containerize and its service providers located outside the EU an adequate level of protection within the meaning of Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).
By agreeing to these Terms, the User grants Containerize a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the Service. The list of processors Containerize uses is publicly available at subprocessors. Containerize will inform the User of changes in such processors in accordance with the procedure of modifying these Terms as stipulated in this agreement.
For the purposes of Article 28 of Regulation (EU) 2016/679, these Terms constitute the data processing contract between the User (data subject) and Containerize as both the data controller and the data processor (Containerize are the data processor in instances where the User makes use of a Metered License). The User hereby instructs Containerize to control and process the data as described in these Terms.
Subject matter and nature of processing. Containerize provides a Service whereby to access the User must sign up for an account which involves the supply of personal information. Containerize collects and uses customer info to send newsletters, keep purchase records, retain forum posts. With a Metered license Containerize also acts as the processor of usage data.
Duration. Containerize will collect data on behalf of the User until the termination of the User’s account. Upon termination, Containerize will store the User’s data for a period of 7 days, should the User wish to reopen the account to resume the use of the Containerize’s Service or to export data, unless instructed otherwise by the User. Containerize deletes or returns all the personal data to the User after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data.
Parties’ rights and obligations. The User’s rights and obligations regarding User Data are provided in these Terms. Containerize ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Containerize takes all measures required pursuant to Article 32 of Regulation (EU) 2016/679 and we undertake to make available to the controller all information necessary to demonstrate compliance with their obligations and to allow for and contribute to audits, including inspections, conducted or mandated by the User.
Unlawful Client Data. Containerize is not obliged to pre-screen, monitor or filter any User Data or acts of its processing by the User in order to discover any unlawful nature therein. However, if such unlawful User Data or the action of its unlawful processing is discovered or brought to the attention of Containerize or if there is reason to believe that certain User Data is unlawful, we have the right to:
- notify the User of such unlawful User Data;
- deny its publication on the Web Site or its insertion to the System;
- demand that the User bring the unlawful User Data into compliance with these Terms and applicable law;
- temporarily or permanently remove the unlawful User Data from the Web Site or Account, restrict access to it or delete it.
If Containerize is presented convincing evidence that the User Data is not unlawful, we may, at our sole discretion, restore such User Data, which was removed from the Web Site or Account or access to which was restricted.
In addition, in the event Containerize believes in its sole discretion User Data violates applicable laws, rules or regulations or these Terms, Supplier may (but has no obligation), to remove such User Data at any time with or without notice. Without limiting the generality of the preceding sentence, Containerize complies with the Digital Millennium Copyright Act, and will remove User Data from the Platform upon receipt of a compliant takedown notice.
Containerize as the data controller and data processor will assist the User as the data subject in meeting the User’s obligations under Regulation (EU) 2016/679, providing subject access, and allowing data subjects to exercise their rights under Regulation (EU) 2016/679.
Containerize assumes no responsibility regarding the accuracy of the information that is provided by Containerize and use of such information is at the recipient’s own risk. Containerize provides no assurances that any reported problems may be resolved with the use of any information that Containerize provides.
Containerize makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Containerize web site, even one that may contain the Containerize logo, please understand that it is independent from Containerize and that Containerize has no control over the content on that web site. In addition, a link to a non-Containerize web site does not mean that Containerize endorses or accepts any responsibility for the content or the use of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
IN NO EVENT WILL Containerize BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL INFORMATION IS PROVIDED BY Containerize ON AN “AS IS” BASIS ONLY. Containerize PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Containerize may at any time revise these terms by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.