Service Level Agreement

Definitions

 

1. Apty Player

 

Apty Player is an extension or a code snippet with multi-browser compatibility, offers a robust platform for users to run a Workflow and thereby helping in accomplishment of their actions. It is displayed as a widget based on the position designated. 

 

It is the implementer who designates the location of the balloon with instructions to show up. The Player retrieves instructions directly from the Admin module and caches it for a limited time to allow for quick and glitch free guidance. 

 

2. Apty Editor

 

Apty editor is a multi-browser compatible extension that helps in creation of Workflows by allowing a user to select the elements in the web application and provide the navigational instructions in association to that element. 

It has robust mechanism in identifying the web pages and start the flow from the page where the user is present (if that page is the part of navigation). 

 

3. Coverage Period or (CP) 

 

The period of time during which the System Availability will be measured. Unless otherwise stated, Coverage Period will be equal to thirty days, expressed in aggregated number of minutes.  

 

4. Excused Downtime

 

The service commitment does not apply to any unavailability, suspension or termination to the extent caused by: (i) factors outside of Apty’s reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Apty; (ii) any actions or inactions of Customer or any third party; (iii) Apty’s suspension and/or termination of Customer’s right to use the Apty  platform as permitted hereunder; or (iv) any planned or maintenance that Apty  performs on Apty Editor on Saturdays and Sundays (GMT) as well as any periods of shutdown necessitated by emergency maintenance. Customers will be informed of planned maintenance at least one week in advance both by an email announcement to active admin users.  

 

5. Downtime

 

The system is not available to end users or administrators.  

 

6. Potential System Availability or (PSA) 

 

The amount of time that the Apty Player and Editor (and its Services) should be available in each Coverage Period (CP). For example, the Potential System Availability in November would be calculated in minutes such as 30 days x 24 hours x 60 minutes or 43,200 minutes. This is excluding Periods of Excused Downtime.  

 

7. System Availability (SA)/ System Availability Percentage or (SAP) Definition

 

In any given month, Potential System Availability less Downtime, divided by Potential System Availability, expressed as a percentage.

 

  Apty Player and Editor Availability Measure Standards 
  Apty Player availability    99.95% 
  Apty Editor/back office availability    99.9% 

 

 

 

Severity Level First Response 

 

  Response  Time    Resolution Time    Contact Method    Severity    Description
Up to 2 Business Hours  4 Business Hours    Email/ 
Phone call 
  Critical  

Defect with one or more of the below characteristics occur and there is no workaround: 

  • Data corruption - System data is unavailable or incorrect.
  • System hangs - The System hangs indefinitely or there is severeperformance degradation, causing unreasonable wait times for resources or response as if the System is hanging. 
  • A main system function supporting a business critical process has failed,and the System functionality is limited such that critical business processes are paralyzed. 
System crashes repeatedly. 
  Up to 4 Business Hours    8 Business Hours    Email/ Phone call    High  
  • A System is usable, but an essential component of the System ismalfunctioning and / or substantially impacts business operations.
  • A critical defect with acceptable workaround exists. 
  Within 24 hours    3 Business Days 

 

Email/Support 

Ticket 

  Medium   
  • The defect does not seriously affect business operation, causing some minor 
  • The System is operative with some limitation on minor functions, or minor batch functions are inoperative. 
  Within 72 hours 

5 Business Days 

  Support Ticket 

  Low   
  • Routine requests such as "how to" requests, validation of new functionality, Apty function and business use questions.
  • Minor mismatch of the specification or aesthetic aspect of the System which does not impact the usability or effectiveness. 

 

 

 

 

APTY BUSINESS AGREEMENT  

This APTY BUSINESS AGREEMENT (this “Agreement”) is between Apty Inc., a Delaware corporation (“Apty,” “We” or “Us”), and the client (“Customer,” “You” or “Your”). This Agreement governs Your access to and use of the Apty platform for creating, deploying, and using interactive on-screen engagement and guidance, described at www.apty.io (the “Services”). BY ACCEPTING THIS PROPOSAL AND SIGNING THIS AGREEMENT, EXECUTING ANY APTY REGISTRATION AND ORDER FORM (“Order Form”) THAT REFERENCES THIS AGREEMENT, OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND OTHER RELATED TERMS AND CONDITIONS FOR USE OF THE SERVICES AS A CUSTOMER. 

EACH PARTY REPRESENTS THAT IT HAS THE FULL RIGHT, POWER AND AUTHORITY, AND HAS SECURED THE CORPORATE APPROVALS NECESSARY, TO ENTER INTO THIS AGREEMENT, THAT THIS AGREEMENT IS SIGNED BY ITS AUTHORIZED REPRESENTATIVE AND IS LEGALLY BINDING ON SUCH PARTY, AND THAT THE TERMS OF THIS AGREEMENT DO NOT CONFLICT WITH ANY OTHER AGREEMENTS TO WHICH IT IS A PARTY. 

1. Grant of Rights. This Agreement grants You the following rights: Installation and Use.

a. Provision of Services. Apty access is granted per application and is limited to the subscription period mentioned in the applicable Order Form. Customer and users of Customer’s platform (“End Users”) may access and use the Services solely in accordance withthis Agreement and any applicable Order Forms. Customer will be primarily responsible for any breaches of this Agreement by Customer and/or End Users.  

b. Facilities and Data Processing. Apty shall use standard industry practices and security measures to transfer, maintain, and process Customer Data. These measures are designed to protect the integrity of Customer Data and guard against the unauthorized or unlawful access to, use, and processing of Customer Data. Customer acknowledges and consents to allow Apty to transfer, store, and access Customer Data in the United States and locations other than Customer's home country to the extent Customer complies with all applicable laws, provided Apty uses the Customer Data solely for its internal purposes and in compliance with all applicable laws. For purposes of this Agreement: (i) “Customer Data” means Account Data, Configuration Data and Usage Data;  

(ii) “Account Data” means the account and contact information submitted to Apty by Customer; (iii) “Configuration Data” means the customer-specific guidance and engagement information and data created using the Services, in particular the Apty Editor; and  

(iv) “Usage Data” means information regarding use of the Services by End Users. 

c.Service Levels. Apty will take commercially reasonable efforts to provide the Services in conformance with the Service Level Agreement provided with the Apty proposal. Service Credits will be the sole and exclusive remedy for any service level breaches under the Service Level Agreement. 

2. Modification to the Services. Apty may, from time to time, update the Services and related materials at its sole discretion. Apty will notify Customer if any such changes materially alter the functionality and the parties may thereafter execute a change order to account for such material changes to the Services. Apty will utilize the email address associated with the account for any such notification. 

3. Customer Obligations.

a.Usage Limits. Services are subject to application and usage limits as outlined in this Agreement and/or the Order Form. Additional users may be added only with the prior written consent of Apty, which it may withhold its sole discretion. 

b.Unauthorized Use & Access. Customer shall prevent unauthorized use of the Services by the End Users and terminate any unauthorized use of or access to the Services. The Services are not intended for End Users under the age of 13. Customer will promptly notify Company of any unauthorized use of or access to the Services to which it becomes aware of and agrees to Apty’s immediate suspension and termination of all unauthorized users and to reimburse Apty for any out-of-pocket costs incurred from such unauthorized use. 

c. Restricted Uses. Customer shall not copy or duplicate the Services nor reverse engineer, decompile, disassemble, modify or revise the Software, nor use the Services for purposes other than expressly permitted by this Agreement or the applicable Order Form. Customer shall not access the source code of the Services or any part thereof, or create derivative works thereof; nor rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services in whole or in part to any third party; nor use the Services in any illegal manner or in any way that infringes any right of any third party, including the rights in connection with privacy and intellectual property rights; nor bypass or breach any security device or protection, or input, upload, transmit or otherwise provide to or through the Services or the Apty platform any information or materials that are unlawful or injurious or contain any harmful code; nor disrupt, destroy, impair or otherwise impede any Services; nor otherwise access or use the Services beyond the authorized scope. 

4. Intellectual Property Rights.

a. Content and Services. Customer retains all ownership and intellectual property rights in and to the Customer Data only. Apty or its licensors retain all ownership and intellectual property rights to the Services and Apty materials, including Apty program and ancillary programs, and derivative works thereof, and to anything developed or delivered by or on behalf of Apty under this Agreement. For the avoidance of doubt, all rights to any intellectual property related to this Agreement and/or the Services (other than to Customer Data) are expressly reserved by Apty and its third-party licensors. 

b. Feedback.  Apty may, at its discretion and for any purpose, use, modify, disclose, reproduce, and incorporate into its products and services, license and sublicense or otherwise distribute, any feedback, comments, or suggestions with respect to the Services that Customer or End Users send to Apty (“Feedback”) without any obligation to Customer. Both parties agree that all Feedback is and will be deemed given entirely voluntarily.  Further, Apty will be free to exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. 

c. Access to Data. Customer hereby grants Apty and its agents all rights and permissions in or relating to Customer Data and the Customer content as are necessary or useful to perform the Services or to enforce this Agreement and exercise Apty’s rights hereunder. 

5. Confidentiality.

a. By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). Each party agrees to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Customer Data residing in the Services environment, Feedback, and all information clearly identified as confidential at the time of disclosure. For the avoidance of doubt, Feedback, all Apty materials and the financial terms of this Agreement will be deemed to be Confidential Information of Apty.

b. A party’s Confidential Information shall not include information that: (i) was or becomes a part of the public domain through no act or omission of the other party in breach of this Agreement; (ii) was rightfully known to, or in the other party’s lawful possession, prior to the disclosure and had not been obtained by the other party, directly or indirectly, from the disclosing party; (iii) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (iv) is independently developed by the other party without reference to or use of any Confidential Information. 

c. Each party will keep the other party’s Confidential Information from unauthorized use, access or disclosure using at least the degree of care it uses to protect its most sensitive information and in no event less than a reasonable degree of care. Each party agrees not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of five years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; provided, however, that Apty will hold Customer Confidential Information that resides within the Services environment in confidence for as long as such information resides in the Services environment; and, provided, further, that each party will hold the other party’s trade secrets confidential for as long as they remain trade secrets under applicable law. Each party may disclose Confidential Information only to those of its and its’ affiliate employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Apty will protect the confidentiality of Customer Data residing in the Services environment in accordance with the Apty security practices defined as in the applicable Order Form. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law; provided that, the non-disclosing party shall: (i) promptly, and prior to such disclosure, notify the disclosing party in writing of such compelled disclosure so that the disclosing party can seek a protective order or other remedy; and (ii) provide reasonable assistance to the disclosing party, at the disclosing party’s sole cost and expense, in opposing such disclosure or seeking a protective order or other limitations on disclosure.

6. Fees & Payment.

a. Fees. Customer will pay all fees specified in any applicable Order Forms. Except as otherwise specified herein or in an Order Form:  

(i) fees are based on the Services purchased and not actual usage; (ii) payment obligations are non-cancelable; and (iii) fees paid are non-refundable. Customer is responsible for providing complete and accurate billing and contact information to Apty. For the avoidance of doubt, all amounts payable to Apty under this Agreement shall be paid in full without any setoff, recoupment, counterclaim, deduction, debit or withholding for any reason, other than Service Credits issued pursuant to Section 1c or any deduction or withholding of tax as may be required by applicable law.
 

b. Taxes. Apty’s fees do not include sales tax, value-added tax, or any other levies or similar governmental assessments by any jurisdiction whatsoever (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with Customer’s purchases hereunder. If Apty has the legal obligation to pay or collect Taxes for which Customer is responsible under this Section, Apty will invoice Customer and Customer will pay that amount unless Customer provides Apty with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Apty is solely responsible for taxes assessable against it based on its income, property and employees. 

7. Term & Termination.

a. Term. This Agreement commences on the date Customer first accepts it and will remain in effect until Customer’s subscription to the Services expires or terminates, or until this Agreement is terminated. 

b. Termination for Breach. Either Apty or Customer may terminate this Agreement if: (i) the other party is in material breach of any provision of thisAgreement and fails to cure that breach within 30 days after receipt of written notice from the non-breaching party, or if such breach is not curable within 30 days; (ii) immediately, if Customer breaches Section 3, 4, or 5; or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. 

c. Effects of Termination. If this Agreement terminates: (i) the rights granted by Apty to Customer will cease immediately (except as set forth in this section); (ii) Apty may provide Customer access to its account so that Customer may export its Stored Data; and (iii) after a commercially reasonable period of time, Apty may delete any Stored Data relating to Customer’s  The following sections will survive expiration or termination of this Agreement: Section 4 (Intellectual Property Rights), Section 5 (Confidentiality) Section 6 (Fees & Payment), Section 7(c) (Effects of Termination), Section 8 (Indemnification), Section 9 (Representations, Warranties, Exclusive Remedies and Disclaimers), Section 10 (Limitation of Liability), and Section 11 (Miscellaneous). 

8. Indemnification

a. By Customer. Customer shall indemnify, defend and hold harmless Apty and its affiliates and their respective directors, officers, shareholders, employees, agents, successors and assigns from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of any written claim by a third party against Apty regarding: (i) Customer Data, including any processing of Customer Data by or on behalf of Apty; or (ii) negligence or more culpable act or omission (including recklessness or willful misconduct) by Customer or any End User, or any third party on behalf of Customer or any End User. 

b. By Apty. Apty shall indemnify, defend and hold harmless Customer and its affiliates and their respective directors, officers, shareholders, employees, agents, permitted successors and permitted assigns from and against all liabilities, damages, costs (including settlement costs and reasonable attorneys’ fees) arising out of any written claim by a third party against Customer (i) for Apty’s infringement or misappropriation any copyright, trade secret, U.S. patent, or trademark right of the third party; (ii) for Apty’s use of Customer Data in breach of this Agreement; or (iii) negligence or more culpable act or omission (including recklessness or willful misconduct) by Apty or any third party on behalf of Apty. In no event will Apty have any obligations or liability under this Section arising from: (i) use of any Services in a modified form by anyone other than Apty or in combination with materials not furnished by Apty that Apty reasonably does not expect Customer to use with such Services; and (ii) any content, information, or data provided by Customer, End Users, or other third parties. 

c. General. The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim at the indemnifying party’s sole cost and expense. The indemnifying party will have full control and authority over the defense, except that: (i) any settlement requiring the party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld, conditioned or delayed and (ii) the party seeking indemnification may participate in and observe, or join in the defense, with its own counsel at its own expense. If any of the Services or Apty materials are, or in Apty's opinion are likely to be, claimed to infringe, misappropriate or otherwise violate any third-party intellectual property right, or if Customer's or any End User's use of the Services or Apty materials is enjoined or threatened to be enjoined, Apty may, at its option and sole cost and expense: (x) obtain the right for Customer to continue to use the Services and Apty materials materially as contemplated by this Agreement; (y) modify or replace the Services and Apty materials, in whole or in part, to seek to make the Services and Apty materials (as so modified or replaced) non-infringing, while providing materially equivalent features and functionality, in which case such modifications or replacements will constitute Services and Apty materials, as applicable, under this Agreement; or (z) by written notice to Customer, terminate this Agreement with respect to all or part of the Services and Apty materials, and require Customer to immediately cease any use of the Services and Apty materials or any specified part or feature thereof and provide Customer with a pro-rata refund of any fees prepaid hereunder. THE INDEMNITIES ABOVE ARE APTY AND CUSTOMER’S ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION BY THE OTHER PARTY OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. 

9. Representations, Warranties, Exclusive Remedies and Disclaimers.

a. Representations.

(i) Each party represents that it has validly entered into this Agreement and has the legal authority to do so. 

(ii) Each Party will comply strictly with all applicable export and import laws and regulations, including but not limited, with the Export Administration Regulations of the U.S. Department of Commerce, Bureau of Industry and Security and the trade sanctions administered by the U.S. Department of Treasury, Office of Foreign Assets Control. In particular, each Party: (1) agrees that it will not directly or indirectly conduct, promote or facilitate business in countries subject to U.S. embargo or trade sanctions in connection with this Agreement or use of any Customer platforms, products, and services (as of the date hereof, the countries subject to embargo or trade sanctions are Cuba, North Korea, Iran, Sudan and Syria) and each Party agrees that it is responsible for complying with any updates and revisions that the U.S. Government makes to this list of prohibited export destinations; and (2) represents and warrants that it is not located in a country subject to U.S. embargo nor a party identified on any government export exclusion lists, including the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists. In addition, Apty will provide Customer with all information that may be required for purposes of complying with trade laws, including export control classification numbers and details about the subject matter of the Agreement needed to make classification determinations.  

(iii) Apty warrants that it will comply at all times with the provisions of the Privacy and Security Rider attached hereto as Appendix A and incorporated into this Agreement. 

b. Disclaimers. THE SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER CUSTOMER NOR APTY AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, TITLE OR NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. CUSTOMER IS RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY STORED DATA. 

10. Limitation of Liability.

a. Limitation on Indirect Liability.TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR CLAIMS ARISING FROM OR SUBJECT TO SECTION 5 (CONFIDENTIALITY) OR SECTION 8 (INDEMNIFICATION), NEITHER CUSTOMER NOR APTY AND ITS AFFILIATES, WILL BE LIABLE UNDER THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS, (III) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES, OTHER THAN FOR THE ISSUANCE OF ANY SERVICE CREDITS PURSUANT TO SECTION 1C, OR (IV) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, BREACH OF DATA OR SYSTEM SECURITY (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 
 
b. Limitation on Amount of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR CLAIMS ARISING FROM OR SUBJECT TOSECTION 5 (CONFIDENTIALITY) OR SECTION 8 (INDEMNIFICATION), NEITHER PARTY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. FOR CLAIMS ARISING FROM OR SUBJECT TO SECTION 5 (CONFIDENTIALITY) OR SECTION 8 (INDEMNIFICATION), NEITHER PARTY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL EXCEED THE GREATER OF (i) FOUR-TIMES (4X) THE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR (ii) $500,000.
 

11. Miscellaneous. 

a. Entire Agreement. This Agreement, including Appendix Aattached hereto and any applicable Order Form, constitutes the entire agreement between Customer and Apty with respect to the subject matter hereof and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter of this Agreement. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: (1) the applicable Order Form, (2) this Agreement. 
 

b. Modifications.  Any changes to this Agreement must be in a writing executed between the parties. 

c. Governing Law and Jurisdiction. This Agreement will be governed by the laws of the State of Delaware. 

d. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect. 

e. Notice. Notices must be sent via first class, airmail, or overnight courier and are deemed given when received. Notices to Customer may also be sent to the applicable account email address and are deemed given when sent. Notices to Apty must be sent to 39111 Paseo Padre Parkway Ste 313, Fremont, CA 94538-1686, with a copy to the Legal Department. 
 

f. Waiver. No failure or delay by any party at any time to enforce one or more of the terms, conditions or obligations of this Agreement will (a) constitute waiver of such term, condition or obligation, (b) preclude such party from requiring performance by the other party at any later time, or (c) be deemed to be a waiver of any other subsequent term, condition or obligation, whether of like or different nature. 

g. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety (together with all Order Forms), without the other party’s consent to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. 

h. Relationship of Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. 

i. Force Majeure. Except for payment obligations, neither Apty nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance). 
 

j. No-Third Party Beneficiaries. There are no third-party beneficiaries under this Agreement except an Affiliate pursuant to Section 11g.



Appendix A 

 

APTY PRIVACY POLICY 

Last revision date: September 19, 2018 

1. INTRODUCTION

This Privacy Policy (“Policy”) outlines what personal information is collected by Apty (“Apty”, “we”, “us” or “our”), how we use such personal information, the choices you have with respect to such personal information, and other important information. 

We keep your personal information personal and private. We will not sell, rent, share, or otherwise disclose your personal information to anyone except as necessary to provide our services or as otherwise described in this Policy. 

2. FROM WHOM WE COLLECT PERSONAL INFORMATION?

This Policy applies to our collection, use, and disclosure of the personal information of the following categories of individuals: 

Customers: Individuals who provide their personal data during the registration on any of Apty’s Services (as defined below), whether on their own behalf or on the behalf of an entity or organization that uses the Services. For the purposes of this Policy, “Services” shall refer to all products or service offerings made available by us.

This Policy does not apply to our Customers’ websites, which may have their own terms and privacy policies. Our Customers are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations. 


3. WHAT PERSONAL INFORMATION WE COLLECT?

Customers: 
. Customer Account Information. When Customers register with Apty’s Services, we collect their email address and other contact data (such as first and last name). We refer to this information as “Customer Information” for the purposes of this Policy. Customer Information is required to identify you as a Customer and permit you to access your account(s). By voluntarily providing us with such Customer Information, you represent that you are the owner of such personal information or otherwise have the requisite consent to provide it to us.

4. LEGAL BASIS FOR PROCESSING (EEA ONLY):

If you are an individual from the European Economic Area (EEA), please note that our legal basis for collecting and using your personal information will depend on the personal information collected and the specific context in which we collect it. We normally collect personal information from you only where: (a) we have your consent to do so, (b) where we need your personal information to perform a contract with you (e.g. to deliver the Services you have requested), (c) where the processing is in our legitimate interests; or (d) where we are required to collect, retain or share such information under applicable laws. 

In some cases, we may need the personal information to protect your vital interests or those of another person. 

Where we rely on your consent to process your personal information, you have the right to withdraw or decline consent at any time. Where we rely on our legitimate interests to process your personal information, you have the right to object. 

If you have any questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us through the contact details available below. 

5. HOW WE USE YOUR PERSONAL INFORMATION?

Apty only processes personal information in a way that is compatible with and relevant for the purpose for which it was collected or authorized. As a general matter, for all categories of information we collect, we may use the information we collect to: 

. Provide, operate, maintain, improve, and promote the Website and Services;

. Enable you to access and use the Website and Services;

. Send transactional messages, including responses to your comments, questions, and requests; provide customer service and support; and send you technical notices, updates, security alerts, and support and administrative messages;

. Send commercial communications, in accordance with your communication preferences, such as providing you with information about products and services, features, surveys, newsletters, offers, promotions, contests, and events about us and our partners; and send other news or information about us and our partners. See Section 8 below for information on managing your communication preferences.

. Monitor and analyze trends, usage, and activities in connection with the Website Platform and Services and for marketing or advertising purposes;

. Comply with legal obligations as well as to investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities;

. Personalize the Website and Services, including by providing features or content that match your interests and preferences; and

. Process for other purposes for which we obtain your consent.


6. INTERNATIONAL INFORMATION TRANSFERS

Please note that our businesses, as well as our trusted partners and service providers, are located around the world. Any information that we collect (including your personal information) is stored and processed in various jurisdictions around the world (including in the United States), for the purposes detailed in this Privacy Policy. Please note that some data recipients may be located outside the European Economic Area (the “EEA”). In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection, on the basis of the EU standard contractual clauses or the Privacy Shield Framework. 

7. DATA SUBJECT RIGHTS

Website Visitors and Customers: If you reside in the EU (or in other jurisdiction that affords you with the below rights), you may request to: 

. Receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with certain supplementary information.

. Receive personal information you directly volunteer to us in a structured, commonly used and machine-readable format.

. Request rectification of your personal information that is in our control.

. Request erasure of your personal information.

. Object to the processing of personal information by us.

. Request to restrict processing of your personal information by us.

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements. You also have a right to lodge a complaint with a supervisory authority. 

8. RETENTION

We will retain your personal information for as long as the service contract is valid and active and for a period of 90 days thereafter. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods shall be determined considering the type of information that is collected and the purpose for which it is collected for, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. 

9. DATA SECURITY

We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your personal information. 

While we seek to protect your information to ensure that it is kept confidential, we cannot guarantee the security of any information. You should be aware that there is always some risk involved in transmitting information over the internet and that there is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security and privacy of your personal information or other content you transmit using the Services or the Website Platform, and you do so at your own risk. Thus, we encourage you to exercise discretion regarding the personal information you choose to disclose. 

10. CHANGES TO OUR PRIVACY POLICY

We reserve the right to change this Policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this Privacy Policy through our Website or we will send you an e-mail regarding such changes to the e-mail address that you volunteered (if you have volunteered it). Such substantial changes will take effect seven (7) days after such notice was provided on any of the above-mentioned methods. Otherwise, all other changes to this Policy are effective as of the stated “Effective Date”, and your continued use of the Websites or Services after such date will constitute acceptance of, and agreement to be bound by, those changes. 

11. NOTE FOR MINORS

We do not knowingly collect or solicit personal information from anyone under the age of consent (as determined under the applicable laws where the individual resides; “Age of Consent”). By accessing, using or interacting with our Website Platform or Services, you certify to us that you are not under the Age of Consent. In the event that we learn that we have collected personal information from an individual under the Age of Consent without verification of parental consent, we will delete that information upon discovery. If you believe that we might have any information from or about an individual under the Age of Consent, then please contact us through the contact details available below. 

12. BUSINESS TRANSACTIONS

We may assign or transfer this Policy, as well as information covered by this Policy, in the event of a merger, sale, change in control, or reorganization of all our part of our business. 

13. CONTACT INFORMATION

APTY, Inc. 
Apty Inc. 6735 Salt Cedar Way,
Building 1, Suite 300-1065 Frisco,
TX 75034
United States 
info@apty.io  | +1 (214) 817-4014