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Terms of Use & Privacy Policy

Terms of Use & Privacy Policy

 

UBISTOR, INC.

TERMS OF USE

 

ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING WWW.UBISTOR.COM (THIS “WEBSITE”). YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE (“TERMS OF USE”).  UBISTOR’S PRIVACY POLICY IS SUBJECT TO AND INCORPORATED INTO THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE OR THE PRIVACY POLICY, DO NOT USE THIS WEBSITE.

 

  1. ACCEPTANCE OF TERMS.           The use of the Ubistor, Inc. (“UBISTOR”) website is governed by the terms and conditions set forth in this Terms of Use.  Our website offers general information about our company, its products and services, and other information and listings of general interest.  It is accessible worldwide to any one with Internet access.

 

By using our website, you are agreeing to be bound by these Terms of Use.  Users are also bound by all applicable laws and regulation.  UBISTOR reserves the right to change its terms and conditions and to change or delete information on this website at any time.

 

For purposes of these Terms of Use, using the on-line services offered on the website including accessing educational information, product browsing, ordering and reporting/inquiries shall be considered to be using this website.

 

  1. USE OF WEBSITE.  Subject to the Terms of Use, UBISTOR grants you a non-exclusive, non-transferable, limited, conditionally revocable right to access, use, and privately display this website solely for legitimate business purposes.  Any other use of this website is expressly prohibited and constitutes a material violation of the Terms of Use.  Prohibited uses include, without limitation, using email addresses obtained from the website for solicitation purposes of any kind, directly or indirectly, the use of data mining, robots or other similar data gathering and extraction tools, and making any derivative works based, in whole or in part, on any portion or this entire website.

 

You agree not to resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of this website, the services offered on this website, or access to this website.

 

You agree to take reasonable precautions to maintain the confidentiality of your account name and password for access to this website.  In addition, you agree not to modify, add or delete any content on this website, without the express written permission of UBISTOR.  Further, you agree not to interrupt or attempt to interrupt the operation of this website or access thereto by other users.

 

UBISTOR does not guarantee continuous, uninterrupted or secure access to the website, and operation of the website may be interfered with by numerous factors outside of UBISTOR’s control.  The information UBISTOR obtains from you will be subject to UBISTOR’s Privacy Policy.  To use the website, you will need access to the World Wide Web and you must pay any fees/costs associated with your equipment, access charges and the services you obtain. 

 

You agree that information you provide to this website will be true and accurate to the best of your knowledge, and that nothing you provide shall be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on the rights of, or otherwise injurious to person or property, including, without limitation, software viruses, worms, Trojan horses or other malicious code.  You also agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the source of the information you provide to this website.

Certain restricted product information is available on this website only to licensed customers of UBISTOR that are registered to receive information via passwords issued by UBISTOR.  This restricted information is considered confidential and proprietary information of UBISTOR.  If you are a registered customer or a representative of a registered customer, UBISTOR authorizes you to download, copy, distribute and use the restricted information for yourself, or, if applicable, only within the customer organization, and only for the intended purposes authorized by UBISTOR.  Issuance of a registration password is conditioned on the customer’s use of the information in accordance with the terms of its license or service agreement with UBISTOR.  You agree not to transfer your password to unauthorized parties.  You agree to immediately notify UBISTOR of any unauthorized use of your password.  You are responsible for the use and protection of your password.  You agree not to attempt to gain unauthorized access to any website information or area within this website.

 

  1. DISCLAIMER.          Information contained in this website has been derived from what UBISTOR believes are reputable sources.  Although we believe that the information supplied is generally correct, we do not assume any responsibility whatsoever for its accuracy.  We assume no liability whatsoever for results obtained or loss or damage incurred as a result of application of the data or information presented.  Users of this website do so at their own risk.  In addition, we assume no liability and make no warranty with respect to claims of patent, trademark or copy right infringement or other similar claims which may arise out of or in connection with the use of any data, information or items listed in this website.

 

UBISTOR does not warrant that this website and the server connected to it are free of computer viruses or other harmful components.

 

The transmission of data or information (including communications by email) over the Internet or other publicly accessible networks is not secure and is subject to possible loss, interception, or alteration while in transit.  We are not liable for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of email with us (including those which may contain your personal information).  We take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat that information in accordance with our Privacy Policy.  In no event, however, will the information you provide us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that the information is inadvertently released by us or accessed by third parties without our consent. 

UBISTOR provides the website and all related information and services “as is, where is” and without any warranty or condition of any kind, expressed, implied or statutory. 

Without limiting the foregoing, UBISTOR expressly disclaims any implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.  No advice, instructions or information received by a user, whether orally or in writing, from UBISTOR shall create any expressed or implied warranty by UBISTOR.  Users are instructed to use UBISTOR’s website and service at their own risk. 

 

UBISTOR MAKES NO WARRANTY THAT THE WEBSITE AND ANY RELATED INFORMATION AND SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRRUPED,          TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE, RELATED INFORMATION AND SERVICES WILL BE ACCURATE OR RELIABLE.  YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE, RELATED INFORMATION OR SERVICE IS TO CEASE TO USE THE WEBSITE, ANY RELATED INFORMATION OR SERVICES.  THE TERMS AND CONDITIONS OF ANY SALES OF PRODUCTS OR SERVICES OBTAINED THOUGH THE USE OF THE WEBSITE ARE SET FORTH IN THE LICENSE OR OTHER AGREEMENT FOR SUCH PRODUCT OR SERVICE.

 

  1. LIMITATION ON DAMAGES.       In no event, shall UBISTOR be liable for any injury, expenses, profits, loss, or damage, whether direct, incidental, or consequential, or any other pecuniary loss or expense arising out of the access, use or inability to use anything on this website or any product or services described in the website, even if UBISTOR is expressly advised of the possibility thereof.  Without limiting the generality of the foregoing,  UBISTOR shall not be liable for damages for loss of profits, goodwill, use, data loss, or other losses resulting from (i) the use of inability to use the website or the services, (ii) the cost of procurement of any substitute products and/or services resulting from any products, data, information or services obtained or which you were unable to obtain or transactions effected or failed to be effected, (iii) any link provided in connection with the website related information or services, or (iv) any matter otherwise related to your use of the website related information or the services.

 

  1. INDEMNITY.If, despite the language of the Terms of Use, UBISTOR becomes liable to you for anything arising out of or related in any way to your access, use or inability to use the website or any product described in the electronic catalog, then UBISTOR’s total liability to you shall not exceed the total payments actually made by you to UBISTOR or $100, whichever is greater.

 

  1. MODIFICATIONS.   UBISTOR reserves the right, at its sole discretion, to change, modify, add, or remove the Terms of Use, in whole or in part, at any time without prior notice or liability.  Your continued access or use of the website after any such change, modification, addition or removal of the Terms of Use will constitute your acceptance thereof.  Further, UBISTOR reserves the right at its sole discretion, and without prior notice or liability, to terminate, modify or add any features to this website at any time.  UBISTOR also reserves the right, at its sole discretion, and without prior notice or liability, to limit or terminate your access to this website, and you agree to abide by such limit or termination.

 

  1. COPYRIGHT NOTICE.       The materials displayed on this website, including, but not limited to, all written material, photographs, illustrations, artwork and other graphic material, and names, logos, trademarks, and service marks, are the property of UBISTOR or its licensors.  These materials are protected by copyright, trademark, and other intellectual property laws and treaties.  Nothing herein shall be construed as conferring by implication, estoppels, or otherwise, any license or right and or any copyright, patent, trademark or other proprietary interest of UBISTOR on third parties. Notwithstanding the foregoing, UBISTOR consents to normal downloading, copying, and distribution of the information contained on this website for non-commercial purposes by you or within your organization only.  In consideration of this consent, you agree that copies of website information will retain all copyright and other proprietary notices and that you will not modify the website information in any way.  Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, copy, print, display, perform, reproduce, publish, or distribute any of this website’s information, in whole or in part, without the prior written consent of UBISTOR.  Any software that is available for download from this website is the copyrighted property of UBISTOR and/or its suppliers.  Any use or reproduction of any such software, and such warranties, if any, as to such software, are governed by the terms of the license agreement applicable to that software.  Any use of any other product or service, and such warranties as to such product or service purchased by you using, or in connection, with this website, if any, is governed by the agreement applicable to that product or service.
  2. INDEMNITY.You agree to indemnify and hold UBISTOR and, where applicable, its officers, directors, agents and employees, as well as third parties whose content appears on this website, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or related in any way to your access, inability to access or use of this website, or any breach by you of the Terms of Use.

 

  1. OWNERSHIP OF CONTENT.        You understand and agree that your use of this website entitles UBISTOR to use, monitor and preserve copies of all information provided by you or third parties about you and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms of Use, assistance in responding to claims that content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of UBISTOR or any other person or entity. 

 

  1. LINKS.           The website may provide links to other web-sites.  Such links are provided for your convenience and do not reflect any endorsement by UBISTOR with respect to the provider of such linked website.  UBISTOR is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked website, including without limitation the content provided on or through any such linked website or your reliance thereon.  UBISTOR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED WEBSITE: YOUR USE OF ANY LINKED WEBSITE IS SOLELY AT YOUR OWN RISK.  Your use of or acquisition of goods or services through any linked website is subject to the terms and conditions applicable to that website.  For third parties that may wish to link to UBISTOR’s website, you may link to the UBISTOR home page, but are not authorized to link to any other page on the UBISTOR website with the express written consent of UBISTOR provided that UBISTOR reserves the right to withdraw this consent at any time in its sole and absolute discretion.  You may not use any of UBISTOR’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links.  You may not link in any manner reasonably likely to: 1) imply affiliation with or endorsement or sponsorship by UBISTOR; 2) cause confusion, mistake, or deception; 3) dilute UBISTOR’s trademarks, service marks, or trade names; or 4) otherwise violate applicable law.

 

  1. JURISDICTION AND VENUE.       These Terms of Use and their enforcement will be governed by the laws of the State of Illinois, without respect to its conflict of laws provisions and that venue and jurisdiction with respect to any dispute between you and UBISTOR arising out of or in any way related to these Terms of Use will rest exclusively in courts of Cook County, Illinois and the federal district court for the Northern District of Illinois, Eastern Division.

 

  1. GENERAL PRACTICES REGARDING STORAGE.      You understand and agree that UBISTOR may from time to time establish and revise practices and limitations concerning your use of the website.  You agree that UBISTOR shall have no liability for the deletion or failure to store any messages and other communications or other Content maintained on the website or transmitted using the website.

 

  1. TERMINATION OF REGISTRATION.     You acknowledge and agree that UBISTOR may terminate your password and/or other access privileges and remove and discard any content without notice to you for any reason, including without limitation, if: (i) you do not use the services for what UBISTOR, in its sole discretion, deems to be an extended period of time; (ii) UBISTOR believes that you have violated any of these Terms of Use, (iii) you have otherwise acted or failed to act in any manner that UBISTOR deems objectionable.  You agree that any termination of your access to the website shall not result in any liability or other obligation of UBISTOR to you or any third party in connection with such termination.

 

  1. RESTRICTED RIGHTS LEGEND.  U.S. GOVERNMENT RESTRICTED RIGHTS, UNPUBLISHED - - RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES.  Use, duplication, or disclosure by the United States Government of any of this website’s information (all technical data is “Limited Rights Data”) or any software (all of which is “Commercial Computer Software”) downloaded from this website is subject to restrictions set forth in FAR Section 52.227-14 Alt. III(g)(3), FAR Section 52.227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time.  Contractor/Manufacturer is UBSTOR, 1111 Plaza Drive, Suite 600, Schaumburg, IL  60173.  Any contract notices should be sent to this address.

 

  1. MISCELLANEOUS.These Terms of Use and the Privacy Policy herein incorporated constitute the entire agreement between you and UBISTOR with respect to your use of the website.  You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the website.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  The failure of UBISTOR to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose.

 

The headings in this section of the website are intended solely for convenience and are not considered to be terms within the Terms of Use.

 

Privacy Policy

This Privacy Policy (“Privacy Policy”) is subject to and incorporated into the Terms of Use between you and UBISTOR.  You may access the Terms of Use by clicking on the link on our Website.  Capitalized terms used in this Privacy Policy and not otherwise defined shall have the meaning given to them in the Terms of Use.  By accessing our Website, you agree to the terms of this Privacy Policy and the Terms of Use.  This Privacy Policy may change from time to time so please revisit this page periodically.  Websites linked to this page may have different policies and UBISTOR is not responsible for the privacy practices and content provided by such other websites.

At UBISTOR we are dedicated to conducting our business in a manner that complies with the EU Safe Harbor Principles published by the U.S. Department of Commerce. The Safe Harbor Principles were developed to aid U.S. businesses in addressing and assessing their privacy policies and practices as they may relate to the European Union’s Directive 95/46/EC on data privacy for “personal data” (including any EU member state’s rules, regulations or laws enabling such Directive, herein the “Directive”). Personal data is information relating to an identified or identifiable natural person. It includes personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships and information concerning the personal activities, undertakings, traits or habits of a particular individual. An identifiable person is one who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to the person’s physical, physiological, mental, economic, cultural or social identity. Personal data may be considered transferred outside the EU under the Directive if it falls under one of two situations that are described below. For the Directive to apply, the personal data must be processed, wholly or partly, by automatic means or if not processed to any extent by automatic means, it forms (or is intended to form) part of a filing system.

Processor on Behalf

UBISTOR operates primarily as a provider of business-to-business services.  Unlike many companies and websites, UBISTOR does not focus on consumer users or the collection of consumer data.  UBISTOR provides managed offsite data backup, which is designed to help companies store and recover data more efficiently and effectively.  UBISTOR does not own or control any of the information stored or processed by any of its customers.  Only the customer is entitled to process, store, access and retrieve such information.   Customer information that originates in the EU will be stored on UBISTOR’s server located in the U.S. utilizing UBISTOR’s service and which is accessible over the Internet only by the customer. UBISTOR does not own or control, collect, record, organize, use or otherwise disclose or make available to third parties the data that is stored through use of its managed offsite data backup service, and such data is considered owned or controlled only by that customer. UBISTOR does not actively process the data stored on its server under the managed offsite data backup service. As a point of fact, UBISTOR is not aware of what is actually being stored by a customer on the UBISTOR system under the managed offsite data backup service and has no general direct access to such information or data, except as expressly authorized by the customer, as applicable. Furthermore, under no circumstances may UBISTOR independently cause a customer’s data to be transferred to any third party, such action being limited to the customer.  Also, UBISTOR’s standard operating policy in this case is not to directly cause a transfer of any such data other than to return it to the customer. In this capacity, UBISTOR should be considered only as a processor on behalf as to any personal data that may be considered transferred from the EU to the U.S. subject to the requirements of the Directive. As such, the customer is the “Data Controller” as they have the actual control over the way any personal data is collected and used as well as the determination of the purposes and means of the processing of such data. UBISTOR is not responsible for the content of the information stored on its server by the customer nor is UBISTOR responsible for the way the customer treats such information.

Data Controller

The Safe Harbor Principles require that those who collect and determine the purposes and the means of the processing of personal data fulfill very specific requirements related to compliance with the Directive. The specific functions of a Data Controller will depend on the specific laws of each EU member state. However, since UBISTOR is not the collector or in control of any personal data, because it, neither alone nor jointly with others, will determine the purposes and means of collecting and the processing and uses of such data, it should not be considered as acting in the capacity of Data Controller with attendant responsibilities under the Directive or the Safe Harbor Principles. Although UBISTOR, without its actual knowledge, may be provided data or information subject to the Directive by a customer by means other than use of the managed data backup service (e.g., by email) in order to aid in the resolution of a technical issue, it should not be considered a data collector or Data Controller as to such data. Furthermore, UBISTOR requires that its customers do not include personal data in such transmittals to it, and it may reject and return such data to the sender if it becomes aware that such data is not in compliance with such requirement.

Notice

UBISTOR collects personal information relevant to your accessing our website and use of your account.  Unless otherwise stated in another, more specific policy on the web pages you are viewing, UBISTOR collects the following types of information when you browse www.UBISTOR.com or any other UBISTOR website:

1.      Information  you provide directly, such as your name or ordering information when you register or make an online order, or any chat room postings or email messages you send us;

2.      The web pages your internet browser visits; and

3.      Aggregate data such as the number of hits per week, per web page.

 

Information you provide to us might be used by us or our partners, including vendors and customers, to better service your needs.  For example, UBISTOR maintains e-mail lists to keep interested parties informed about our company, events, products, support, and more. We do not sell the addresses on our list, but we may make information available to specific business partners, sponsors, or service providers.  Users may voluntarily request to join our mailing lists by signing up or opting in through a form on our Web site.  To be removed from a UBISTOR mailing list, simply click on the following link:  contact us.

We will keep this information confidential and promise not to sell, rent or give away to any third parties outside of our organization other than parties involved in providing products and services to our customers.   Further, in an effort to prevent the disclosure or misuse of client information by our employees, UBISTOR requires that all employees sign a confidentiality agreement as a condition of employment.

We may discuss information in special cases when we believe in good faith that such release is necessary to comply with law, to identify or bring legal action against someone who may be violating our terms of use policy, to enforce or apply the terms of any of our user agreements, or protect the rights, property or safety of UBISTOR or others. 

When you choose to submit information through UBISTOR’s website, UBISTOR, and its affiliates may transfer, process, and store the information in countries in which UBISTOR and its affiliates maintain offices, including the United States.  The United States does not regulate data protection in the same manner as other countries, including the Member States of the European Union.  Accordingly, the data that you submit to UBISTOR may be transferred to, processed, or stored in countries where the data protection laws are different than those of your country of residence.

UBISTOR requires that each of its customers comply with their respective obligations under the Directive and that the customers confirm to UBISTOR that all applicable EU member state data protection laws shall be complied with prior to any transfer of any non-public personal data from the EU to the U.S. in connection with UBISTOR’s managed data backup service.

Choice

By using the UBISTOR website, you consent to the collection and use of information herein identified by UBISTOR.  If you do not consent to the collection and use of this information, please simply click on the following link:  contact us.

Onward Transfer

UBISTOR and its customers will enter into a contract to ensure that each party understands its role in complying with the Directive and the Safe Harbor Principles.  Any data considered processed or stored by UBISTOR on behalf of a customer will not be further disclosed to third parties, except as directed or required by the customer, acting only in compliance with the Directive. Any information which the Data Controller identifies as sensitive personal information must be treated accordingly.

The contract with a customer also will specify that the customer is responsible for implementing and maintaining reasonable security measures relating to the customer’s access to the customer’s data stored on the UBISTOR server, including assignment and administration of all identification codes and passwords authorizing such access. The customer, as applicable, is responsible for all security measures relating to such identification codes and passwords. UBISTOR has in place commercially reasonable measures to protect data on its network from loss, misuse, unauthorized access, disclosure and alteration and destruction. The customers are responsible for the utilization of any optional tools UBISTOR provides for data protection, including transmission encryption and encrypting data at rest. The return or destruction of data stored on the UBISTOR server is principally in the control of the customer, and UBISTOR will comply with their instructions on such matters.

As merely a processor on behalf of the customer (who is considered the EU Data Controller), UBISTOR is not required to apply other Safe Harbor Principles to personal information subject to the Directive and considered received for processing (i.e., storage) from a customer.

Security

The control of access to data stored on the UBISTOR system under its managed data backup service is in the direct and primary control of and subject to the security measures undertaken by the customer. Furthermore, UBISTOR recommends to its customers that all data “at rest” and stored on the UBISTOR system be encrypted to better assure the protection and confidentiality of such data, but the decision as to the use of such encryption is solely in the control of the customer. UBISTOR also requires that personal data not be transmitted to it outside the managed data backup closed system, since different security measures may be in place with respect to those systems (e.g., email). UBISTOR has in place information security procedures and commercially reasonable security measures to protect all information stored on its server from loss, misuse, unauthorized access, disclosure, alteration and destruction. The customer will be notified of any breach of the security measures implemented by UBISTOR of which UBISTOR becomes aware.   Any measures or actions required to be undertaken by the customer in connection with such breach are solely the responsibility of the customer.  If it is required by a customer to download data stored on the UBISTOR managed date backup system by such customer onto some form of other data archival or compilation media, UBISTOR will do so only upon receipt of a written request and directions (including by email) therefore from the customer and such media will be sent via a reliable carrier or courier, as authorized by the customer. Upon its delivery to such carrier or courier, UBISTOR shall have no further obligation thereafter for the security or safety of the data included on such media.

Any compromise of security or potential compromise of security and any inquiries concerning security should be reported or directed to UBISTOR. Contact information is provided below.

Steven Bieschke

EU Safe Harbor Policy Administrator

UBISTOR

1111 Plaza Drive, Suite 600

Schaumburg, IL 60173

866.312.STOR toll free

847.585.1470 main

847.745.0978 fax

 

UBISTOR will use commercially reasonable efforts to ensure the security of our system and will strive to protect any personal information you provide through this website.  Unfortunately, we cannot and do not guarantee that all data transmitted over the Internet will be secure or that our website along with its databases are immune to malicious attacks or abuses by other individuals.

Data Integrity

UBISTOR is entirely dependent on the customer’s compliance with the Directive in connection with any authorization for access to such customer’s data on the UBISTOR system as well as its nature and the form in which it is transmitted. UBISTOR has no ability to access data located on its system other than as expressly permitted or directed by the customer, and, in no case, will UBISTOR be involved in the further processing or manipulation of such data other than perhaps the return of data in another form of media, as discussed below. UBISTOR takes reasonable steps to assure that any data that is considered transferred from the EU to the U.S. is maintained in a reliable, accurate and complete state, subject always to any deficiencies in the state in which it was received that may have been caused by others. The steps UBISTOR undertakes to assure data integrity is provided to take into consideration the Safe Harbor Principles.

Access

You can update your contact information by contacting us at any time. We may keep all information in an off-line form, for archival purposes or as otherwise required by law.

Enforcement

Individuals who wish to file a complaint or who take issue with UBISTOR’s EU Safe Harbor Privacy Policy should direct such communication to the Administrator, as set forth above. The Administrator can explain the process to be followed when filing a complaint.  Filing a complaint in English will expedite the process. Should an individual be unable to resolve a complaint after having contacted the Administrator, that individual can contact the International Centre for Dispute Resolution of the American Arbitration Association at www.adr.org.  This organization will provide independent dispute resolution. UBISTOR is subject to the jurisdiction of the U.S. Federal Trade Commission. Such individual may contact the Federal Trade Commission at the following address:

Federal Trade Commission

Attn: Consumer Response Center

600 Pennsylvania Avenue NW

Washington, D.C. 20580

consumerline@ftc.gov

www.ftc.gov

 

Verification Mechanism

UBISTOR applies the self-assessment approach for verification of its compliance with its obligations under its EU Safe Harbor Privacy Policy.  UBISTOR hereby certifies that as of the date hereof that this privacy policy regarding personal information received from the EU is accurate, comprehensive, prominently displayed, completely implemented and accessible.   UBISTOR further certifies that this privacy policy conforms to the Safe Harbor Principles; that this policy contains provisions to inform individuals of UBISTOR’s in-house arrangements for handling complaints and further informs individuals of the independent mechanisms through which they may pursue complaints.  UBISTOR has in place procedures for training employees in this policy’s implementation, and for disciplining them for failure to follow it; and that it has in place internal procedures for periodically conducting objective reviews of compliance with the above.

UBISTOR reaffirms this certification as verified through its self-assessment process by completing a written statement signed by a corporate officer or other authorized representative of the organization at least once a year and UBISTOR makes such statements available upon request.

Updates to the Privacy Policy

UBISTOR may update this EU Safe Harbor Privacy Policy from time to time to reflect changes in its product and services and customer feedback which will be effective immediately upon posting of an updated policy. UBISTOR encourages you to periodically review this EU Safe Harbor Privacy Statement to be informed of how it is protecting information stored on its server in connection with its managed data backup service. This EU Safe Harbor Privacy Policy was last updated on June 26, 2013.

Limitation on Application of the Safe Harbor Principles

UBISTOR’s adherence to the Safe Harbor Principles may be limited to the extent expressly permitted by applicable law, rule or regulation.

Regarding Children

UBISTOR is concerned about protecting the privacy of children.  If you are under the age of 13 years old, do not provide UBISTOR with any personally identifiable information on the website without the knowledge and permission of your parent or guardian.