Conseel is a cyber privacy smartphone mobile app (hereby referred to as “Conseel” or “app”) developed and marketed by NYSNYD Inc. (hereby referred to as “NYSNYD”). Conseel protects its users’ sensitive information from unwanted phone searches. A key element of Conseel is the settings and personalization filters set by the user within the app including but not limited to the secure PINs and trapdoor PIN used to unlock the smartphone. NYSNYD is especially sensitive to the importance of the personal information that our customers entrust us with. To maintain our customers’ trust and loyalty, we are committed to respecting their privacy and protecting their personal information.
When you become a Conseel user, or any time you interact or do business with Conseel, you agree to the terms of this Policy as updated from time to time. We encourage you to periodically review our Policy. Amendments will be posted on our website and we will take reasonable steps to communicate any material changes. We ask you to review our Policy below to provide information typically sought by customers and users.
To whom does this Policy apply?
Our Policy applies to all of our customers, users and visitors who engage with Conseel, its web site, Conseel mobile application (all versions), Conseel’s social media pages including but not limited to Conseel forums, Facebook and Twitter, email and phone calls.
What information is covered?
Our Policy applies to personal information that Conseel collects, uses and discloses in order to operate Conseel and as identified herein. Personal information is any information that can identify an individual or information about an identifiable individual, such as a user’s name, email address and users’ settings within the app.
What personal information do we collect?
Conseel collects identity and contact information, as well as information on your usage of the app, and your interactions with us through our website, mobile site, mobile application and emails, in order to manage Conseel. The following are examples of personal information that we collect:
- When a user enrols in the Conseel, we collect identifying information, such as the user’s name, email address, gender, date of birth and primary use of the app.
- To use the app, you must configure various items within the app to use the app. The app contains your personalized settings on what information to delete including filters such as date range, contacts, keywords, locations of images, email accounts. Furthermore, the app allows its users to set their primary PIN as well their trapdoor PIN. All of this information mentioned in this part ii remain on the user’s smartphone and not transmitted nor communicated to NYSNYD.
- When a user uses or views our website, mobile site and app or emails, we may collect information such as the webpages viewed, frequency of visits, time spent on the site, and location information (e.g. to allow the mobile app to delete images taken from a specified location). For more details, please see Conseel’s Mobile App Terms and Conditions at conseel.com/legal-documents
- When a visitor to the website registers to receive newsletters from Conseel, the visitors’ email address is captured.
- Mobile Device Data -Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.
- Mobile Device Access – We may request access or permission to certain features from your mobile device, including your mobile device’s contacts, SMS messages, phone call log, google accounts, google email, notifications, media such as images and videos, and other features. If you wish to change our access or permissions, you may do so in your device’s settings. In order to use the app on your smartphone, we may also collect your device’s operating system information and other version related information.
- Push Notifications – We may request to send you push notifications regarding your account , activity or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
- When a user fills out a survey conducted by NYSNYD or its agents regarding their preferences, needs or interests, they provide personal information.
- We only provide services, articles and information. We never ask for credit card numbers.
How do we collect your personal information?
Much of the personal information we collect comes from you, such as when you install and set up Conseel on your smartphone. This includes your interactions with Conseel through our website, mobile site and mobile application. We may also collect personal information through Conseel’s social media pages and contests and from our partners when you transact with them.
We rely on you to ensure that your profile and contact information is accurate. We do not update the personal information we receive about you from other sources, unless this is necessary to achieve the purposes for which this information was collected. On occasion, we may acquire additional data from trusted third parties who have the necessary consent to provide such information, in order to help us improve our app and understand your interests and preferences.
Interactions with Other Users
If you interact with other users of the Site, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
When you post comments, contributions or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site in perpetuity.
Social Media Contacts
If you connect to the Site or our mobile application through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.
How do we use your personal information?
We use your personal information to administer Conseel and enhance your experience, including sending you industry news, your usage, benefits, products, and services of the app. In doing so, we may collect, use and disclose your personal information for a number of purposes, including:
- To contact and communicate with you, such as to verify your identity or to advise you of changes to the app. Where we have a valid email address for you, we will generally communicate with you by email.
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested and to measure the success of various program features and promotions.
- To allow us to better service you in responding to your customer service requests.
- To improve our website in order to better serve you.
- To ask for feedback, ratings and reviews of services or products and your use of the Application and to solicit support for the Application.
- To provide you with useful and relevant information about your usage of the app to help you maximize the benefits of Conseel.
- To increase the efficiency and operation of the Application.
- To monitor and analyze usage and trends to improve your experience with the Application.
- To notify you of updates to the Application.
- To send you a newsletter.
- To administer a contest, promotion, survey or other site feature. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site and our apps.
- To communicate offers about product updates, benefits, products and services provided by NYSNYD, and/or our partners that are most likely to be of interest to certain segments of our users.
- For quality assurance and record keeping purposes, such as monitoring or recording telephone discussions with our representatives for quality assurance purposes.
- To quickly process your transactions.
- To follow up with customers, users or visitors after correspondence (live chat, email or phone inquiries)
- In the case of a sale of all or part of NYSNYD’s business or assets, or a contract with a potential new partner, to enable potential purchasers or partners to evaluate the business.
- To protect our interests, or as provided or required by applicable laws, such as program fraud detection or where required by a court order.
We will not collect, use or disclose personal information for other purposes without obtaining your further consent, except where authorized or required by law.
With whom do we share your personal information (Third-party disclosure)?
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Do we use ‘cookies’?
- Understand and save user’s preferences for future visits.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some of the features that make your site experience more efficient may not function properly. It won’t affect the user’s experience that make your site experience more efficient and may not function properly.
Occasionally, at our discretion, we may include links to other websites or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
What are your choices when it comes to the handling of your personal information?
You may withdraw your consent in instances that are beyond what is necessary for the administration of the services provided by Conseel. For example, withdrawal of consent to the use of personal information to forward offers of products and services will not result in the loss of your privileges.
You may modify your communication preferences (to receive or not to receive offers) by clicking on the appropriate links at the bottom of relevant emails, or by contacting us.
You should note that even if you withdraw your consent to receive certain offers, you will continue to receive information related to your account or changes to the Conseel. You may also receive invitations to participate in surveys, at which time you may choose whether or not to participate.
How do we protect your personal information?
Your personal information will only be collected, used and disclosed, and will only be retained as long as required to fulfill the purposes for which it was collected, or as may be required by law.
Your personal information is retained in secure facilities, such as offices and data centres with restricted access. Electronic data is protected by technological means, such as firewalls, access controls and encryption. We use regular Malware Scanning.
Your personalized settings within Conseel are stored on our smartphone and are not transmitted to external servers. Any personal information on our servers is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/password information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
When no longer required, personal information is destroyed, anonymized or disposed of using secure methods. When a user’s account has been inactive for seven (7) years, all personally identifiable information is destroyed. Employees are trained on the importance of maintaining the security and confidentiality of personal information.
You should note that your personal information may be stored or processed outside of Canada—in this case, it will be subject to the laws of the country in which it is handled.
How can you find out what personal information Conseel has?
You can access, verify and update your personal information directly within the app. You may also request access to this information through contacting Conseel. You may also update the accuracy or completeness of such information, and request that corrections be made to it.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
- Users can visit our site anonymously.
- Can change your personal information:
- By logging in to your Conseel app on your smartphone
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
- Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions
- Process orders and to send information and updates pertaining to orders.
- Send you additional information related to your product and/or service
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
- Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL marketing correspondence.
Where can you get more information?
If our Policy does not answer all of your questions, please consult our Frequently Asked Questions section within our Knowledge Centre on Conseel.com.
Attn: Privacy Officer
55 Village Centre Place, Suite 200
® Conseel is a Registered Trademarks of NYSNYD Inc.
Last Updated: November 16, 2017
CONSEEL MOBILE APPLICATION END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT BEFORE YOU DOWNLOAD AND/OR REGISTER FOR AND USE CONSEEL MOBILE APPLICATION AND ITS FUNCTIONALITY (THE “SERVICE”).
THIS END USER LICENSE AGREEMENT also referred to as TERMS & CONDITIONS throughout this document is applicable to both free version (also known as Conseel Lite) and paid versions (also known as Conseel Premium) of CONSEEL Mobile Applications.
THE FUNCTIONALITY, INFORMATION AND DISCLOSURES AVAILABLE THROUGH THIS SERVICE ARE MORE LIMITED THAN THE FUNCTIONALITY, INFORMATION AND DISCLOSURES AVAILABLE THROUGH THE CONSEEL WEBSITE.
YOU CAN REGISTER FOR THE SERVICE THROUGH YOU THE CONSEEL MOBILE APPLICATION ON YOUR MOBILE DEVICE. BY REGISTERING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THIS END USER LICENSE AGREEMENT IN THE SAME WAY AS IF YOU HAVE SIGNED A PRINTED VERSION AND YOU WILL BE BOUND BY THEM AND THEY WILL CONTINUE TO APPLY EVERY TIME YOU USE THE SERVICE.
YOU SHOULD READ IMPORTANT DISCLOSURES AND DISCLAIMERS WHICH CAN BE FOUND, INCLUDING, WITHOUT LIMITATION, IN THE TERMS AND CONDITIONS, ON WWW.CONSEEL.COM/LEGAL-DOCUMENTS,
In these terms and conditions, “the company”, “we”, “our” and “us” mean NYSNYD Inc. (“Conseel”). and “you” and “your” mean the individual who is using the Service. These terms and conditions apply to your use of the Service (including, for greater certainty, CONSEEL application software), and any information contained therein. If you do not agree with any of the terms set out herein, you should not use the Service, and if you have already installed CONSEEL application software (the “Application”), you should uninstall the Application from your mobile device.
1. The Application
As consideration for your continuing compliance with and agreement to be bound by the END USER LICENSE AGREEMENT, we hereby grant and you hereby accept a limited right to install and use the Application on a single Mobile Device owned and controlled by you, revocable, non-exclusive, non-transferable, non-assignable license to use the Application (which shall include future updates made available to you from time to time, provided you understand that such updates may be subject to additional terms in respect of which you will be notified at the time such update is made available) to use the Application on such Mobile Device strictly in accordance with the terms and conditions of this License, the Usage Rules and any service agreement associated with your Mobile Device (collectively “Related Agreements”).
You understand, acknowledge and agree that:
- you must be a Conseel user with a valid and active CONSEEL Application account in good standing;
- you may use the free version also known as a trial and Conseel Lite version for upto 30 days without paying.
- you may only use the Application on mobile devices that are authorized by CONSEEL as being eligible;
- you will only use the Service and the Application solely and exclusively for your own personal, private, non-commercial use and on registered mobile devices belonging to you;
- you will at all times comply with and be bound by the END USER LICENSE AGREEMENT;
- you will at all times comply with (and your use of the Service and the Application will at all times be in compliance with) all applicable laws, rules and regulations, including, without limitation, applicable export and import control laws and regulations, and you will not knowingly allow any other party to use the Service or the Application for or in connection with any illegal purpose or activity. The Application is not intended for distribution or use by any person in any jurisdiction or country where such use and/or distribution would be contrary to local laws, rules and/or regulations. It is your responsibility to comply with all local laws, rules and/or regulations;
- you may only use the Application for the purpose of accessing CONSEEL services and for no other purpose whatsoever;
- the Application is licensed only to you in accordance with the terms hereof and for the limited purposes set out herein;
- you will compensate us in respect of any damages suffered by us and any losses or liabilities incurred by us as a result of any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, fees and expenses (including, without limitation, reasonable attorney fees and costs of any investigation) (collectively, the “Claims”) from any third party in relation to any matters arising out of or in any connected with: (a) your use of the Service, (b) your breach of or failure to comply with any of the Terms and Conditions, (c) your failure to comply with any applicable laws, rules or regulations, and (d) any negligence, bad faith, fraud or willful misconduct by or on behalf of you;
- use of the Service (including the Application) is at your own risk and you are solely responsible for the use of any data, information or services obtained through the use of the Service, and any data or investment losses that may result;
- the deletion services offered by CONSEEL are provided as a convenience to you and CONSEEL is not responsible nor liable for the loss of any data incurred as a result of using CONSEEL Services.
- you will comply at all times with all technical and security requirements which we establish regarding the Service; and
- in the event that you fail to comply with the Terms and Conditions or your account(s) at CONSEEL are closed, all rights granted to you in relation to the Application and the Service shall immediately come to an end and you will immediately destroy all copies of the Application.
You will not:
- alter, modify, adapt or translate the whole or any part of the Application, or any other computer software made accessible to you or otherwise used by you to access and use the Service, or perform maintenance on the Application, nor will you duplicate, compile, disseminate, reverse engineer, disassemble, decompile, disable any features, or otherwise derive the source code for the Application, or any component of the Application, in whole or in part;
- merge the Application or any component thereof into any other programs or create derivative works based on any component of the Application;
- use the Application in whole or in part or any confidential information relating thereto to create software that is functionally equivalent to the Application or any part thereof;
- license, sublicense, sell, disseminate, broadcast, transmit, or otherwise distribute the Application or the Service in any form or by any means, or otherwise transfer, assign, manipulate, or grant any rights of use or any other rights in respect of the Application or the Service, or any part thereof, or the information contained therein, to any other party;
- copy the Application or the information accessible through the Service onto any public or publicly accessible network, or make any additional copies of or reproduce in any way the whole or any part of the Application or the Service whatsoever;
- remove or tamper with any proprietary notices or labels, including copyright notices or data source attributions, attached to or contained within the Application or the Service;
- use the Application or the Service in any way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person;
- cause damage to any of the websites, servers, systems or equipment used in the provision of the Service by CONSEEL or any other third party, and you may not access or attempt to access any user data or to penetrate any of the security measures relating to the Service; and will in all cases indemnify and hold harmless CONSEEL and its affiliates from any and all Claims in respect thereof.
You understand, acknowledge and agree that you acquire no right, title or interest whatsoever in or to the Application or the Service, as either of them exist now or in the future, and all ownership, rights, title, interest and intellectual property rights in the Application and the Service, including, but not limited to, all trade names, and any and all copyright, patents, trademarks, and service marks relating thereto, are and shall remain the property of NYSNYD Inc., its affiliates and/or its licensors, to the extent applicable, and nothing herein shall be construed as granting any rights therein to you.
You understand and agree that you are solely responsible for all activities, instructions and information entered through or electronically transmitted to us through the Application using your email address and log-in password, and you accept that all such transactions, instructions and data transmissions are undertaken at your own risk. Neither NYSNYD Inc.. nor any of its affiliates is liable for any error made by you in entering any details or providing any orders or instructions when you use the Service. You agree that CONSEEL shall be entitled to rely upon orders and instructions received when entered using your email address and log-in password. You understand that once your email address and log-in password have been entered in a given session, no additional passwords are required before transactions are processes, and you will take all necessary precautions to prevent unauthorized access to your CONSEEL account(s). CONSEEL may rely on all transactions and other communications given or entered by you or anyone else using your email address and log-in password, and you will be bound by any agreement entered into and expense incurred in reliance on such transactions and communications. Without limiting the generality of the foregoing, you will be responsible for all instructions received by CONSEEL between the time you first pass the security procedure until the time you log-out of the Service. Please note that this includes any input errors sent by anyone else. Please do not leave your mobile device unattended while you remain logged into the Service.
You must always keep confidential, and will take all necessary precautions to ensure the confidentiality and security of all of your access credentials, including your email address and log-in password, and the answers to any online security questions (personal verification questions) you have chosen that allow you to sign-on to the Service (collectively, “Access Credentials”), and will take all necessary precautions to prevent unauthorized access to the Service. You will NOT divulge your Access Credentials to anyone, including family members, friends, employees, bookkeepers or anyone else. You will NOT: (a) write your Access Credentials down, (b) keep a poorly disguised record of them, (c) keep your Access Credentials together with your CONSEEL paper documents, (d) save your Access Credentials in your mobile device, or (e) respond to text messages, pop-ups, emails or other Internet requests that ask you to reveal personal information about yourself or your CONSEEL account. WE WILL NEVER SEND YOU UNSOLICITED TEXT MESSAGES OR EMAILS ASKING FOR YOUR ACCESS CREDENTIALS. WE WILL NEVER ASK YOU TO VALIDATE OR RESTORE YOUR ACCOUNT OR CONSEEL APPLCICATION MOBILE ACCESS THROUGH UNSOLICTED TEXT MESSAGES OR EMAILS.
In the event that you suspect or immediately upon becoming aware that someone else knows or may have unauthorized access to your Access Credentials, or in the event of any other attempted or actual unauthorized access to the Service, or the loss, theft, misuse or compromise of any of your Access Credentials, you will immediately notify CONSEEL firstname.lastname@example.org.
If you fail to take any of the actions described above, you will be liable for any unauthorized transactions on your account confirmed by use of your email address and log-in password. You agree to assist us in any investigation into improper access to your accounts.
Furthermore, you acknowledge that CONSEEL accesses other applications and their data on your device and the cloud to provide you the functionality for which you have allowed Conseel access to manage, view and delete the data contained within these apps. Conseel will not be liable for any data lost in these third party applications nor any loss of functionality of these third party apps.
4. Intellectual Property Rights.
4.1 Rights to Application.
You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Company. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors and suppliers. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Company.
4.2 Third Party Software.
The Application may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the Conseel or components thereof be deemed to be “open source” or “publically available” software.
4.3 Company’s Marks.
You are not authorized to use the Company trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Company, which may be withheld for any or no reason.
4.4 Infringement Acknowledgement.
You and Company acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights, You (and not Company) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such a claim.
5. Restriction on Transfer.
You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
With the exception of the free trial version, Conseel Premium is offered as paid application where the price may vary from place to place and time to time. Any monies paid to use the Conseel Premium version are to gain access to the services to the services until such time as they are terminated. The application is never sold to you. It is licensed to you as per the terms of this agreement.
Your mobile device network operator may charge you when you are using the Service and these charges may vary if you use your mobile device to access the Service when abroad. Please check with your mobile device operator for details. Your access to the Service may be subject to the terms and conditions of your agreement with your wireless carrier and/or Internet service provider. You are solely responsible for any and all fees imposed by your mobile service provider and Internet service provider.
7. Use of Information.
7.1 Consent to Use Information.
You hereby authorize and consent to the collection, storage and use, by Company and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Application, and any information or data that You provide to Company and its affiliates, partners and licensors (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: patterns, data and suggestions based on user actions. Notwithstanding the foregoing, You shall not provide or disclose and the Information shall not include any information or data that is personally identifiably to You. The Information will be treated as being non-confidential and nonproprietary, and Company assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.
8. Disclaimer of Warranties and Availability
You acknowledge that it is not possible for us to provide the Service free from defects. The Service may be delayed, unavailable, not delivered and/or inaccurate from time to time due to a variety of factors, including technical reasons, for planned or unplanned maintenance or downtime, for editorial amendments or for any other reason. The Service may be adversely affected by the performance of and any outages on mobile device networks, or when you are not in an area of mobile coverage, or other factors beyond the control of CONSEEL or any of its affiliates or any third party, and neither CONSEEL nor its affiliates will be liable therefor.
You understand and agree that the Service and the Application are provided “as is” and “as available”, and all warranties, representations and guarantees, express or implied, are hereby disclaimed. Without limiting the generality of the foregoing, any and all warranties of merchantability, fitness for a particular purpose, suitability, reliability, accuracy, performance, compatibility or non-infringement, or that the Service or the Application will be free from defects, errors, viruses or harmful programs, or be of a satisfactory quality, are hereby expressly disclaimed.
Neither CONSEEL, its affiliates, its licensors, its sublicensors nor any other third party provider makes any warranty, representation or guarantee as to the accessibility, reliability, communication links, accuracy, truth, timeliness, or completeness of any Information, including any quotation, market information or other information or data furnished through the Service, or that any such Information disseminated may be relied upon for trading or other purposes. You acknowledge that it is your responsibility to verify any Information that you elect to use when taking any action with financial consequences. Any Information is provided solely to help you to make your own decisions and does not constitute a personal recommendation or advice. Any Information is used at your own discretion and risk and you are solely responsible for any losses that may result.
9. Important Limitation on Liabilities
Your sole and exclusive remedy against CONSEEL, its affiliates, its licensors, and any other third party provider of services for CONSEEL, with respect to these terms and conditions, the Service, the Application, and any Information, and any errors, inaccuracy, omissions or delay therein or thereof, shall be limited to the issuance of corrected information as soon as reasonably practicable following CONSEEL’s receipt of written notice of such problem from you.
YOU ACKNOWLEDGE THAT THE SERVICE AND THE APPLICATION UTILIZE COMPLEX COMPUTER AND TELECOMMUNICATIONS NETWORKS AND THAT, AS SUCH, CONTINUED, UNINTERRUPTED AND ERROR FREE ACCESS TO THE SERVICE AND/OR THE APPLICATION CANNOT BE GUARANTEED. IN LIGHT OF THE FOREGOING, NEITHER CONSEEL, ITS AFFILIATES, ITS LICENSORS, NOR ANY OTHER THIRD PARTY PROVIDER SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, WHICH MAY ARISE OUT OF ANY OBLIGATION OF CONSEEL UNDER THIS AGREEMENT, FROM ANY OUTAGE, INTERRUPTION, DISCONTINUATION OR DELAY IN THE SERVICE OR THE APPLICATION OR ANY PART THEREOF OR ANY ERROR CONTAINED THEREIN, OR FROM ANY OTHER NON-PERFORMANCE, DEFECTIVE PERFORMANCE OR LATE PERFORMANCE DUE TO ANY CAUSE WHATSOEVER, INCLUDING ERRORS DUE TO MALFUNCTION OF EQUIPMENT, PROGRAMS OR OPERATIONS OF CONSEEL, ITS AFFILIATES, ITS LICENSORS, OR ANY THIRD PARTIES, OR NEGLIGENCE OF CONSEEL, ITS AFFILIATES, ITS LICENSORS, THIRD PARTY PROVIDERS, OPERATORS OR PROGRAMMERS. IN NO EVENT WILL CONSEEL, ITS AFFILIATES, ITS LICENSORS, OR ANY THIRD PARTY PROVIDER BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA, LOSS OF OPPORTUNITY OR LOSS OF REVENUES, PROFITS OR SAVINGS, HOWEVER CAUSED, RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, RELIANCE ON, OR INABILITY TO ACCESS OR USE THE SERVICE, THE APPLICATION OR THE INFORMATION, OR FOR ANY DELAY IN OR FAILURE OF TRANSMISSION OF ANY INSTRUCTIONS OR NOTIFICATIONS SENT TO US THROUGH THE SERVICE, EVEN IF SUCH PARTY KNEW, SHOULD HAVE KNOWN OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You shall indemnify, defend and hold harmless Company and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.
Company does not warrant that the Application will be compatible or interoperable with Your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent the damage to Your Mobile Device, loss of the data located on Your Mobile Device, and corruption of the software and files located on Your Mobile Device. You acknowledge and agree that Company and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
12. Product Claims.
You acknowledge that You (not Company) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify Company of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release Company from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
13. Term, Termination and Modification
Term – This licence shall be effective until terminated.
You understand, acknowledge and agree that CONSEEL may in its sole discretion, at any time and for any reason:
- suspend or terminate this License and the rights afforded to You with or without prior notice.
- modify any part of the Service and/or change the terms and conditions upon which the Service is provided to you,
- discontinue or terminate the Service in part or in its entirety,
- without notice terminate or otherwise limit your access to the Application and its Service at any time for any reason, including, without limiting the generality of the foregoing, in the event that we believe that you are in breach of or have failed to comply with any of the Terms and Conditions or in the event that CONSEEL believes that you are using the Application and its Service illegally, fraudulently or improperly, in which event all rights granted to you hereunder shall immediately cease without notice to you.
These terms and conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree that the courts of the Province of Ontario will have jurisdiction for the determination of any matters arising out of these terms and conditions.
Performance of any obligation hereunder by CONSEEL shall be excused if prevented by acts of God, public enemy, fire or other casualty, labour dispute, communications, computer, software, hardware or equipment failure, act or omission of any market center, utility, communications service, common carrier, Internet or network access or backbone provider or information provider, or any other circumstances beyond CONSEEL’s reasonable control.
The Service is subject to the agreements you have in place for the products and services that you have with us.
Telephone calls, website use, use of the Service and communication between us, including via email, may be recorded. These recordings will be our sole property and may be used for training purposes or as evidence in the event of a dispute.
If you have any queries in relation to the END USER LICENSE AGREEMENT or the Service, please contact us at email@example.com.
If any provision of this Agreement is declared to be invalid or unenforceable under any applicable law, the validity or enforceability of the remaining provisions contained herein shall not be affected in any manner whatsoever, and any such invalid or unenforceable provision shall be deemed to be severable and ineffective only to the extent necessary to render the remaining portions of these terms and conditions valid and enforceable.
Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
Export Control. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (x) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (y) listed on any U.S. U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that You will not use the Application for any purposes prohibited by law.
Modification or Amendment. Company may modify or amend the terms of this License by posting a copy of the modified or amended License on the Company Application EULA website. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date in which the modified or amended License is posted on the Conseel’s website.
Survival. The following sections of this License and any other provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13 and 14.
You acknowledge and agree that you have read and understood, and agree to be bound by, the Terms and Conditions, including, without limitation, the terms and conditions contained herein, and the provisions herein that limit the liability of CONSEEL and its affiliates for damages, including, without limitation, damages caused by, arising from or in connection with technical errors affecting the Service.
You and we have expressly requested that these terms and conditions and all related documents, including notices, be drawn up only in English. Vous et nous avons expressément demandé que ces termes et tout document y afférent, y compris tout avis, soient rédigés uniquement en anglais.
These terms and conditions form a contract between you and us in respect of the Service. For your own benefit and protection you should read the terms and conditions set out herein carefully before you start to use the Service.
CONSEEL is a cyber privacy application offered by NYSNYD Inc. NYSNYD Inc. does not provide digital security, privacy or technical advice or recommendations and you are responsible for your own decisions.
® CONSEEL is a Registered Trademark of NYSNYD Inc.
Last Updated: November 16, 2017
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS BEFORE YOU REGISTER FOR AND USE CONSEEL WEBSITE AND SERVICES (THE “SERVICE”).
The “Site” hereby includes the website found at www.conseel.com and all CONSEEL related social media pages including but not limited to Facebook and Twitter (“hereafter referred to as “CONSEEL”)
CONSEEL is operated and owned by NYSNYD Inc. (hereafter referred to as “NYSNYD”). NYSNYD may modify these terms and conditions from time to time at its discretion, and such modifications shall be effective immediately upon posting of the modified version on the Site. Your continued use of any part of or the entire Site will constitute your agreement to any such modifications. Your use of the Site (including any submission of Submissions (defined below)) must comply with these terms and conditions, all applicable laws and CONSEEL policies.
All of the information contained in the Site, including but not limited to app features, pricing , content and user forums knows as community forum, is subject to change without notice.
1) Rights in Site
The Site and all of its content are protected by copyrights, trade-mark, and other applicable intellectual property and proprietary laws, and is owned, controlled, and/or licensed by NYSNYD and/or its affiliates or licensors. The Site and its contents are made available solely for your own personal, non-commercial and lawful use. Nothing contained on the Site should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names contained in the Site without the expressed written consent of the applicable rights holder.
2) Use of the Site
You may not modify, post, reproduce, distribute, copy, publish, display, transmit, adapt or in any way exploit the contents of the Site. You will use the Site and any contents of the Site solely for lawful purposes. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute available content. You may not take any action to interfere with, or disrupt, the Site or its content, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions. No permission is given to you to link or provide references to our Site and to use any of CONSEEL logo, icon, site address, and trademarks to provide such links or references, unless you have written agreement with NYSNYD’s permission.
NYSNYD may or may not request submissions, including but not limited to reader comments, questions, testimonials, unsolicited manuscripts, transparencies, illustrations or the like (collectively “Submission(s)”) to NYSNYD or its third party supplier. By accessing the Site you acknowledge that you are responsible for whatever Submissions you submit, and you, not NYSNYD, have full responsibility for the Submissions, including its legality, reliability, appropriateness, originality and copyright. NYSNYD does welcome your comments on the Site however, whether in response to a specific request for Submissions or not, NYSNYD, its partners, Dealers or its third party suppliers shall have no obligation to review or respond, in any manner, to said Submissions. Notwithstanding the foregoing, NYSNYD or its third party supplier reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. NYSNYD, its partners or its third party suppliers do not accept any responsibility for the safe arrival of any Submissions. You agree that any Submission that you submit to the Site or to NYSNYD or its third party supplier will be treated as non-confidential and non-proprietary.
Any Submission you do make to NYSNYD or to its third party supplier, whether requested or not, shall become the exclusive property of NYSNYD. By submitting, such submissions, you grant NYSNYD, its affiliates, Dealers and assignees a worldwide, royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, publish, republish, distribute, edit, store and archive such Submissions in whole or in part in any form or medium whatsoever, without liability and without compensation of any sort. You further irrevocably waive any moral rights with respect to your Submissions, in connection with our exploitation of the rights granted to us in this Agreement. You agree that NYSNYD shall be free to use any ideas, inventions, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including but not limited to developing and marketing products and services incorporating such Submissions. In making a Submission, you knowingly and expressly agree with these terms and conditions. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Submissions.
In some cases and at the entire discretion of NYSNYD, certain Submissions that have been submitted to NYSNYD pursuant to a request on any of the Site may be selected in relation to a particular feature identified by NYSNYD (a “Selected Submission”). A Selected Submission may or may not be reproduced, in whole or in part, edited or unedited by NYSNYD.
4) Representations and Warranties
By using or accessing the Site, you represent and warrant that you:
- Have reached the age of majority in your jurisdiction and have the legal right and ability to accept the terms and conditions of the Site and to use or access the Site in accordance with such terms and conditions;
- by using and accessing the Site, including referring friends to the CONSEEL app or submitting any Submissions, are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party;
- have obtained all necessary approvals, consents and authorizations from any third party to submit any information, including Submissions or personal information, and to delete and/or modify such information;
- accept full responsibility for all assessments, charges, duties, fees, and taxes and any other financial liability resulting from your use of the Site under your name or account, as well as all use of others using your name or CONSEEL account on the App;
- agree to supervise all persons who have not reached the age of majority in your jurisdiction who use or access the Site, including member accounts; and
- have submitted or will submit, or others using or accessing the Site under or using your name or account have submitted or will submit, information, content or material which is true and accurate.
5) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
NYSNYD MAKES NO WARRANTY, EXPRESS OR IMPLIED CONCERNING THE CONTENT, SOFTWARE OR PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITES WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NYSNYD DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED DUE TO THE EXPOSURE OR USE OF THE SITES.
NYSNYD, ITS AFFILIATES, PARTICIPATING DEALERS, ITS LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND WARRANTIES OF MERCHANTABILITY AND SHALL IN NO WAY BE RESPONSIBLE OR LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, TIME, INTERRUPTION, LOSS OF INFORMATION OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF (OR FAILURE TO USE) OR RELIANCE ON THE SITES OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIANCE ON OR USE BY YOU OR ANY OTHER PERSON OF ANY OF THE INFORMATION, OPINIONS OR PRODUCTS ADVERTISED, EXPRESSED, OR OTHERWISE, THAT ARE CONTAINED IN THE SITES OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. PRODUCTS THAT MAY BE ADVERTISED IN THE SITES ARE SUBJECT TO AVAILABILITY FOR WHICH NYSNYD ASSUMES NO CONTROL OR LIABILITY. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
You may be issued a CONSEEL user name and password to access portions of the Site. You are solely responsible for protecting your CONSEEL user name and password. We are not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of your user name and password with others. You agree to notify CONSEEL immediately after you become aware of any unauthorized use of your user name and password, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.
Web Site Information and Security
The Site (www.conseel.com and the mobile smartphone CONSEEL applications) gives you the benefit of self service from anywhere the Internet is available.
Information you exchange with us online is treated as securely as through any other business channel. We use industry standard encryption software (128-bit secure socket layer) that protects information as it is sent between your browser and our systems. And our data centers are protected by several security mechanisms to ensure that only you can access your information. In general, we require information similar to that required to make an online booking elsewhere.
We receive and store certain types of information whenever you interact with us. Like many web sites, we use “cookies” to obtain certain types of information when your web browser or mobile device accesses the Site. We use different types of cookies in different ways as is explained in more detail below.
Session cookies are active only during the period of time you are on the Site and are automatically removed when you close your browser. Session cookies are used to compile statistical data about online activity by you along with the other visitors to the Site. This data is used to understand how the Site is being used and allows us to make improvements to reflect user preferences.
Persistent cookies are entered by your web browser into the “cookies” folder of your computer and remain in this folder after you close your browser. We use First-party cookies, which are used by us to recognize your computer when it revisits our Site; and these are explained in more detail below.
First Party Cookies
First party cookies are used to store member preferences such as your dealer information to ensure you do not have to make the same selection every time you visit Www.conseel.com. First party cookies also allow us to use information about your browser, internet connection and online activity in order to collect and compile statistical data or deliver content about program-related goods and services that may be more relevant to you based on your recent activity on the Site. For example, if you have logged into Www.conseel.com and clicked Keep Me Logged In, a first party persistent cookie may contain your CONSEEL Number or other encrypted login information.
8) Links to Third Party Sites
Our Site provides you with convenient links and references to other web sites. The inclusion of any information, material, content or links on the Site should not be necessarily construed as an express nor an implied endorsement of any third party products or services. Unless otherwise indicated, these third party sites and content are not maintained, operated or controlled by NYSNYD, and NYSNYD does not provide any guarantees regarding these third party sites. You assume sole liability for the use or access of such third party sites and content.
As a condition of your use of the Site and to the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless NYSNYD, its participating Dealers, its affiliates, licensors, related companies, partners, suppliers and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of these terms and conditions; (b) your use or the use by users of your account of the Site and any content contained in the Site; or (c) the submission of any Submissions on the Site made by you or others using your user name and password (if applicable). NYSNYD reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
If you are dissatisfied with the Site or with these terms and conditions, your sole and exclusive remedy is to discontinue using the Site. In such an event, you agree to destroy all materials obtained by you from the Site and all copies thereof. These terms and conditions shall survive any such termination.
® CONSEEL is a Registered Trademark of NYSNYD Inc.
Last Updated: November 16, 2017