Template for Digital Treess of Digital Trees.
Version: 2.0 – Last updated: April 1th, 2019
Digital Trees provides this platform to you, your employees and any other entity on whose behalf you accept these terms (collectively “YOU”), subject to these terms.
These terms are entered into by and between Digital Trees and you, and you accept them by; (a) buying a ticket for one of our events, (b) register to one of our events, (c) sign up as a member to our platform, (d) using the platform in any other manner; and / or (e) acknowledging agreement with these terms. If you do not agree to all of these terms, do not use this platform.
1.2 This platform (“platform”) includes without limitation: (a) Online Support and services, and other on-line services accessible via the platform (collectively the “Services”); (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information (“Information”); and (c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”). Digital Trees controls and operates its platforms from various locations and makes no representation that this platform is appropriate or available for use in all locations. Digital Trees products and services may not be available in Your location, and deliverables may vary among locations. If You are using the platform on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer’s behalf, and that Your employer agrees to indemnify You and Digital Trees for violations of these Terms. In addition to the Terms and unless otherwise noted, the standard Digital Trees terms and conditions of sale in your jurisdiction govern purchases You make through the platform, unless You have in effect a separate valid written purchase or license agreement with Digital Trees for that product or service, in which case that separate agreement governs, and in cases of conflict, prevails.
2.1 In consideration of Your use of the platform, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the platform (the “Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to Digital Trees, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the platform.
2.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the platform. You agree not to upload, post or otherwise transmit via the platform Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Digital Trees or other users of the platform; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Digital Trees reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
2.3 You agree that You will not use the platform to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Digital Trees or someone else, or spoof Digital Trees or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the platform; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
3.1 You may obtain direct access via the platform to certain confidential information of Digital Trees and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Digital Trees and its partners.
3.2 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Digital Trees written request, You must cease use of Confidential Information and return or destroy it.
3.3 The Terms imposes no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from Digital Trees, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Digital Trees adequate to afford Digital Trees the opportunity to object to the disclosure.
4.1 Digital Trees does not claim ownership of the Content You place on the platform and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in Digital Trees’s Legal and Privacy Notices, any Content You provide in connection with this platform shall be deemed to be provided on a nonconfidential basis. Digital Trees shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant Digital Trees and all other users of the platform an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Digital Trees, its affiliates, and third-party providers of any information that You may provide on the platform.
4.2 Digital Trees and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the platform.
Digital Trees will attempt to deliver all of the email that is addressed to Your email address on Digital Trees’s Platform. However, the nature of email is such that Digital Trees cannot guarantee delivery of such email.
You agree to indemnify and hold Digital Trees and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, Your use of or connection to the platform (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
Digital Trees may provide notice to You via email, regular mail, or posting notices or links to notices on the platform. Digital Trees reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. Digital Trees may also delete, or bar access to or use of, all related Information and files. Digital Trees will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. Digital Trees may amend these Terms at any time by posting the amended terms on this platform.
Digital Trees may run advertisements and promotions from third parties on the platform. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Digital Trees found on or through the platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Digital Trees is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Digital Trees advertisers on the platform.
You may find links to other Internet sites or resources on the platform. You acknowledge and agree that Digital Trees is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Digital Trees will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
10.1 Except as expressly authorized by Digital Trees or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Digital Trees discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
10.2 “Digital Trees Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Digital Trees uses in connection with its products and services. You agree to comply with the Digital Trees Trademark and Logo Usage Requirements. You may not remove or alter any Digital Trees Trademarks, or co-brand your own products or material with Digital Trees Trademarks, without Digital Trees’s prior written consent. You acknowledge Digital Trees’s rights in Digital Trees Trademarks and agree that any use of Digital Trees Trademarks by You shall inure to Digital Trees’s sole benefit. You agree not to incorporate any Digital Trees Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
10.3 Digital Trees is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our platform, please contact our legal department via email at : email@example.com
10.4 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Digital Trees on this platform provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “Used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section 10.4. Upon termination, You must immediately destroy any downloaded and/or printed Content.
11.1 Your use of the platform is at your sole risk unless otherwise explicitly stated. The platform, including the information, services and content (as defined in section 1.2) Is provided on an “as is” “as available” and “with all faults” basis. Digital Trees disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. Digital Trees makes no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of the platform.
11.2 Digital Trees makes no warranty or representation that: (a) the platform will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the platform will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from the platform will meet your expectations or requirements; or (d) any errors in the platform will be corrected.
11.3 You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the platform, including any damages resulting from computer viruses.
12.1 To the full extent permitted by law, Digital Trees is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the platform, even if Digital Trees has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the platform; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from the platform; (c) statements or conduct of any third party on the platform, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information you may download, use, modify or distribute.
12.2 To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.
14.1 The Terms constitutes the entire agreement between You and Digital Trees relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized Digital Trees representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use Digital Trees or third-party products or services.
14.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10 of the Terms will result in irreparable harm to Digital Trees for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Digital Trees will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Digital Trees seeks such an injunction.
14.3 Portugal law govern any action related to the Terms and/or Your use of the platform. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and Digital Trees agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Portugal.
14.4 Services, Content, and product derived or obtained from this platform may be subject to the Portugal export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by Portugal or your local laws; (b) not use Services, Content, or direct product from this platform to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this platform to prohibited countries and entities identified in the Portugal export regulations.
14.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
14.6 The platform may contain forward-looking statements. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning Digital Trees’s roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and Digital Trees’s ability to compete in a rapidly changing marketplace.
14.7 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
15.1 We do not issue refunds for digital products once the order is confirmed. We recommend contacting us for assistance if you experience any issues receiving or using our products: : firstname.lastname@example.org
Digital Trees respects your privacy and is committed to protect the personal information that you share with us. Generally, you can browse through our platform without giving us any information about yourself. On occasion, we may need your personal information to provide services that you request, or you may have the option to choose to provide us with your personal information. This policy describes how we collect and use your personal information.
Digital Trees complies with the U.S.–E.U. Safe Harbor framework and the U.S.-Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland..
Digital Trees also complies with the Dutch Personal Data Protection Act (WBP) and European General Data Protection Regulation.
Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, credit card number, a company or a home, postal or other physical address, other contact information, title, birth date, gender, occupation, industry, personal or product interests, photos and other information when needed to provide a service you requested.
When you browse our platform www.digitaltrees.org, you do so anonymously, unless you have previously indicated that you wish Digital Trees to remember your login and password. We don’t collect personal information, including your email address. We might log your IP address (the Internet address of your computer) to give us an idea of which part of our platform you visit and how long you spend there. But we do not link your IP address to any personal information unless you have logged in to our platform. Like many other commercial platforms, the Digital Trees platform may use a standard technology called a “cookie” to collect information about how you use the site. Please go to “Cookies and Tracking Information” below for more information.
Digital Trees collects Personal information when you register for a Digital Trees account, when you use or purchase certain Digital Trees products or services, when you register to attend a conference, seminar or trade fair or participate in an online survey, when you ask to be included in an email or other mailing list, other product promotions, or when you submit your information to Digital Trees for any other reason. From time to time, Digital Trees receives personal information from business partners and vendors. Digital Trees only uses such information if it has been collected in accordance with acceptable privacy practices consistent with this Policy and applicable laws.
Access to certain Digital Trees Web pages require a login and a password. The use of those Web pages, and the information or programs downloadable from those sites, may be governed by a written agreement between your employer and Digital Trees. Your personal information may be retained by Digital Trees to verify compliance with the agreement, log software licenses granted, to track software downloaded from those pages, or track usage of other applications available on those pages for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, revolve disputes, and enforce agreements.
When personal information is collected, we will inform you at the point of collection the purpose for the collection. Digital Trees does not intend to transfer your personal information to third parties without your consent, except under the limited conditions described under the discussion entitled “Information Sharing and Disclosure” below.
Digital Trees uses information for several general purposes: to fulfill your requests for certain products and services, to personalize your experience on our platform, to keep you up to date on the latest product announcements, software updates, special offers or other information we think you’d like to hear about either from us or from our business partners, and to better understand your needs and provide you with better services. We may also use your information to send you, or to have our business partners send you, direct marketing information or contact you for market research. We may also use Google AdWords tracking code, or some or any social media pixel, to track the impact of some of our marketing programs and use this for re-targeting purposes.
The profile you create on Digital Trees instance is available for other registered people within that same instance. Contact information (email address and phone number) is only made available to someone with whom you have a confirmed meeting (depending your personal settings). The event organizer may change this setting and is required to inform you if the setting is in such a way that also email address and phone number are always visible to other registered attendees.
If you choose to provide us with your personal information, we may transfer that information, within Digital Trees or to Digital Trees’s third party service providers, including across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
If you wish to change your username, email address, deactivate or delete your profile, go to Personal settings.
We will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law.
In addition your personal information will be stored as long as needed to fulfill any legal or tax obligations. Example: invoices need to be archived for at least seven years according to European legislation.
If you wish to change your username, email address, deactivate or delete your profile, go to Personal settings. If an account or profile was created without your knowledge or authorization, please contact us at <Info@digitaltrees.org>.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, or you can contact us at <Info@digitaltrees.org>.
We may use a third party service provider to conduct these surveys or contests; that company will be prohibited from using our users’ personal information for any other purpose. We will not share the personal information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name and photo. If you wish to update or delete your testimonial, you can contact us at <Info@digitaltrees.org>.
We may provide your personal information to companies that provide services to help us with our business activities such as customer service or business matchmakers in order to give you the best Digital Trees experience. These companies are authorized to use personal information only as necessary to provide these services to us.
Your personal information is never shared outside Digital Trees without your permission, except under conditions explained below. Inside Digital Trees, data is stored in controlled servers of our application provider and data processor with limited access. Your information may be stored and processed in the United States or any other country where Digital Trees, its subsidiaries, affiliates or agents are located.
Digital Trees may send your personal information to other companies or people under any of the following circumstances: when we have your consent to share the information; we need to share your information to provide the product or service you have requested; we need to send the information to companies who work on behalf of Digital Trees to provide a product or service to you (we will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose); or we want to keep you up to date on the latest product announcements, software updates, special offers or other information we think you’d like to hear about either from us or from our business partners.
If you would like to be removed from our database, you can email us at <Info@digitaltrees.org>. You may opt out of receiving future mailings from our mailing lists at any time. We always include a link in the footer of our emails for this purpose.
Technologies such as: cookies, beacons, tags and scripts are used by Digital Trees. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do not link this automatically collected data to other information we collect about you.
If Digital Trees is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Your Digital Trees account information is password-protected for your privacy and security. Digital Trees safeguards the security of the data you send us with physical, electronic, and managerial procedures. In certain areas of our platforms, Digital Trees may have implemented industry-standard SSL-encryption to enhance the security of data transmissions. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.
The security of your personal information is important to us. We follow generally accepted standards as stated above to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our platform, you can contact us at <Info@digitaltrees.org>.
Digital Trees’s platform contains links to other sites. Digital Trees does not share your personal information with those platforms and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
If you have questions or concerns about our collection, use, or disclosure of your personal information, please email us at <Info@digitaltrees.org>.
Digital Trees takes security very seriously and we aim to take immediate action to address serious security-related problems that involve our products or services.
Please report any suspected security vulnerability in a Digital Trees product or service to the Digital Trees Team, <Info@digitaltrees.org>.
You should contact the Team if:
- You think there may be a security vulnerability in a Digital Trees product or service
- You are unsure about how a known vulnerability affects a Digital Trees product or service
- You want to provide feedback about our standards of service and performance.
You should not contact the Team if:
- You require technical assistance (for example, “how do I configure my firewall?” or “how do I install patches due to security alerts?”)
- Your issue is not security related
In any of these cases, please contact technical support for your product instead.
Only members of the Digital Trees Team, a restricted and carefully chosen group of Digital Trees employees, will have access to materials sent to the email@example.com. No outside users can subscribe to this list.
Please provide as much information about your system and the issue as possible when contacting the list. Never send passwords to us by email, our employees do not need your password to help you questions, even if with login related issues!
Email sent to firstname.lastname@example.org read and acknowledged with a non-automated response within three working days. For issues that are complicated and require significant attention, we will open an investigation and keep you informed of our progress every five working days at minimum. Alternatively, we will provide you with a mechanism to check the status of our progress at any time.
Any information you share with us about security issues that are not public knowledge is kept confidential within Digital Trees. It is not passed on to any third-party without your permission.
Digital Trees does not provide an advance notification service.