Legal

Effective as of September 12, 2019

What is a cookie?

A cookie is a small text file containing a unique identification number that is placed on the hard disk of your computer by a Web page server, enabling the Web server to identify your Web browser and passively track its activities on that website. Cookies do not contain any executable code and cannot be used for infecting your computer with a virus.

What cookies are used when you use the Site?

Consistent with standard industry practice, Conviva uses various types of cookies. Users can control the use of cookies as further detailed below. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited.

Types of Conviva cookies used on the Site:

Necessary Cookies
Conviva may use necessary cookies to enable user movement, maintain preferences, collect and retain profile and login information, and to provide other features that are integral to the Site’s functionality. These cookies cannot be disabled through Conviva’s Cookie Consent Tool but may be disabled through your browser settings.

Analytics Cookies
Conviva uses certain third-party analytics cookies to collect information about how visitors use the Site and interact with it. The collected data allows us to improve our Site.

Marketing Cookies
Conviva uses certain third-party marketing cookies to better understand what advertisements visitors to our Site view prior to visiting our Site and when engaging directly on the Site. The collected data is used to evaluate the effectiveness of our marketing campaigns and to provide better targeted marketing for our audiences based on their browsing activities and interests. If you do not wish to have this information used to serve you interest-based ads, you may change your preferences from within Conviva’s Cookie Consent Tool or via your browser. In addition, you may opt-out by emailing us at privacy@conviva.com.

Preference Cookies
Conviva uses a third-party cookie to store your preferred language when using the Site.

How to Control and Delete Cookies on the Site

Cookie Consent Tool
Conviva’s Cookie Consent Tool (“Consent Tool”) allows you to customize your third-party cookie preferences. If you click “Accept,” you will have consented to the use of all cookies that we deploy on the Site. Alternatively, you can click on “Cookie Settings” to disable and/or enable certain third-party cookies. Necessary cookies cannot be disabled through the Consent Tool. Our Consent Tool will record your selected preferences and will request your consent again every twelve (12) months to ensure you stay up-to-date with the changes to our cookie and privacy policies. If you want to change your cookie settings prior to the annual re-consent, then you will need to update your preferences through your browser(s).  You can delete the applicable cookies from your browser and the Consent Tool will reappear the next time you visit the Site. The Consent Tool does not correspond to your chosen settings if you click on third-party websites that link out from within the Site.

Using your Browser
Most web browsers allow you to configure your browser settings to accept and reject cookies based upon your visits to a particular website. You can change your settings in the preferences or options menus of your browser. Depending on the specific cookie, cookies will stay on your browser for the specific durations noted above unless you change your browser settings and/or clear your cookies. Below are links to the help files of common browsers to assist you in learning more about how these browsers handle cookies and what you can do to disable them. If you don’t see your browser below, please see that browser’s help information on the web to find the relevant information.

Effective Date: October 21, 2019

PLEASE READ THESE WEBSITE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE VIEWING AND/OR USING THE SERVICES OFFERED BY CONVIVA INC. (TOGETHER WITH ITS AFFILIATES, “COMPANY”). THIS AGREEMENT CONTAINS THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS CONVIVA.COM WEBSITES OWNED AND OPERATED BY COMPANY (COLLECTIVELY, THE “SITES”) AND ANY OTHER FEATURES OR CONTENT OFFERED FROM TIME TO TIME BY COMPANY IN CONNECTION WITH THE SITES (COLLECTIVELY, “WEBSITE SERVICE”). THESE TERMS OF USE DO NOT APPLY TO YOUR USE OF THE WEBSITES PULSE.CONVIVA.COM AND COMMUNITY.CONVIVA.COM, WHICH ARE SUBJECT TO DIFFERENT TERMS OF USE AVAILABLE HERE. BY VIEWING AND/OR USING THE SITES OR WEBSITE SERVICE IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR WEBSITE SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR WEBSITE SERVICES ON THE SITES.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST COMPANY TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Acceptance of Terms.

The Website Service is offered subject to acceptance without modification of these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Sites by Company. The Website Service is only intended for individuals who are at least 16 years old. You represent and warranty that if you are an individual, you are at least 16 years old, you are of legal age to agree to these Terms of Use, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Website Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website Service is revoked in such jurisdictions.

Modification of Terms of Use.

Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Website Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an email. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Website Service or changes made for legal reasons will be effective immediately. Company may also impose limits on certain features and services or restrict your access to parts or all of the Website Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy.

Company’s current Sites privacy statement is located at https://www.conviva.com/legal/#Privacy-Policy (the “Privacy Policy”) and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact privacy@conviva.com.

Rules and Conduct.

As a condition of use, you promise not to use the Website Service for any purpose that is prohibited by the Terms of Use. The Website Service (including, without limitation, any Content (as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Website Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Website Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Website Service, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
• involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
• impersonates any person or entity, including any employee or representative of Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website Service or any activities conducted on the Website Service; (iii) bypass any measures Company may use to prevent or restrict access to the Website Service (or other accounts, computer systems or networks connected to the Website Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Website Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites. If you are blocked by Company from accessing the Website Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Website Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Company reserves the right to remove any Content from the Sites or Website Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all.

Request for Information.

If you want to learn more information about Conviva’s products and services, or career opportunities at Conviva, you may be asked to provide certain information through our Website Service. In so doing, you shall provide Company with accurate, complete, and updated information. Failure to do so shall constitute a breach of the Terms of Use, which may result in Company not providing you with the Website Service. Any information you provide shall be treated in accordance with the Company’s Privacy Policy.

Third Party Sites.

The Website Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Company and Site Content.

You agree that the Website Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Website Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice.

User Content Transmitted Through the Website Service.

With respect to the Content you upload through the Website Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant Company and its affiliates a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Website Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website Service (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Termination.

Company may terminate your access to all or any part of the Website Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Website Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Sites; what Content you access via the Sites; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Sites, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.

THE WEBSITE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE WEBSITE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE SERVICE IS SOLELY AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY WITH REGARD TO ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Website Service.

Indemnification.

You shall defend, indemnify, and hold harmless Company, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your User Content (including any related infringement, misappropriation or violation of intellectual property or other right of any person or entity, or any violation of any law or regulation, or any inaccuracy thereof); (ii) your use or misuse of, or access to, the Sites, Website Service or Content; (iii) your violation of the Terms of Use, or (iv) any other infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

General Content Disclaimer.

The Content provided by or through the Website Service is for informational purposes only, and should not be relied upon. Company makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. No Content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any Content.

By using the Website Service, you agree that Company shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Website Service.

Limitation of Liability.

IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE WEBSITE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “WARRANTY DISCLAIMER” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

International/Non-California Use.

Company makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Website Service is prohibited from territories where such Content is illegal. If you access the Website Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Proceedings.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Website Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America.

Subject to the Arbitration Agreement below, for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Website Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Website Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Use, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

c. Pre-Arbitration Dispute Resolution

Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@conviva.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to 989 East Hillsdale Boulevard, Suite 400, Foster City, CA 94404, Attn: Legal Department (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules. The prevailing party in the arbitration will be entitled to recover the Arbitration Fees it has paid or owes and its reasonable costs and attorneys’ fees.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Use will continue to apply.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in this Terms of Use to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Website Services, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

Integration and Severability.

Unless otherwise stated on the Site, the Terms of Use are the entire agreement between you and Company with respect to the Website Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous.

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

Unless otherwise indicated, the Terms of Use and all Content provided by Company are copyright © 2008-2019 Conviva Inc. All rights reserved.

Conviva, the Conviva Logo, LivePass, Conviva Experience Live, Experience Excellence, #ExperienceExcellence, and The Pulse of Online Video are either trademarks or registered trademarks of Company. The names of actual companies and products mentioned at the Sites may be the trademarks of their respective owners.

Contact.

You may contact Company at the following address:

Conviva Inc.
Legal Department
989 East Hillsdale Boulevard Suite 400
Foster City, CA 94404
(650) 401-8282
legal@conviva.com

Conviva’s business is to empower our customers to understand, improve, and act on the performance of their over-the-top video services. In providing our services, we collect and process a variety of data which may include personally identifiable information or personal data. We are committed to keeping all data secure and to comply with all laws that apply to our business, including the new European data protection law known as the General Data Protection Regulation (GDPR). As we continue to grow, providing a secure, privacy-compliant SaaS offering is vital to our success and the success of our customers. With GDPR going into effect on May 25, 2018, we’d like to tell you about the steps that Conviva is taking. First, as part of our commitment to GDPR compliance, we have updated our Privacy Policy, found here: www.conviva.com/legal/#Privacy-Policy. In addition:

• Conviva commits to follow appropriate security practices, standards, processes, and precautions in accordance with GDPR.
• Conviva will put in place an appropriate data transfer mechanism as required by GDPR when the transfer of personal data outside of the EU is necessary. This includes entering into standard contractual clauses.
• Conviva will retain personal data only for as long as necessary to provide the services our customers request, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our policies.
• Conviva will assist with notifying regulators of breaches and promptly communicating any breaches to impacted customers.
• We will ensure that employees and contractors authorized to process personal data have agreed to keep personal data confidential.
• We will hold any sub-processors that handle personal data, including our data center partners and other vendors, to the same data management, security, and privacy practices and standards to which we hold ourselves.
• Where appropriate, we will offer contractual language documenting our commitments to our customers to support their GDPR obligations.
• Conviva will assist our customers, as far as possible, to respond to data subject requests our customers may receive under GDPR, such as for access to and deletion of personal data.

It’s All About Security

GDPR’s “security-by-design” principle resonates with us as we have incorporated best-in-class security measures throughout our systems and processes, including data encryption, minimization, pseudonymization, penetration testing, authentication, authorization controls, and training. For us, security begins with data collection via the Conviva SDK, which enables customers to control what personal data, if any, is collected. In addition, we:

• Protect, authenticate, and validate the quality of experience and audience engagement data sent to our servers;
• Encrypt all data via Transport Layer Security (TLS), signed by a specific Certification Authority (CA);
• Ensure that the hosting partners that power our services and store the data are SOC-2 and ISO 27001 certified;
• Routinely perform security scans of our network and applications to ensure that they remain secure;
• Use identity and access management technologies to control access to sensitive data;
• Employ an intrusion detection system (IDS) to monitor for threats and attacks;
• Control and secure access to Conviva’s systems (including those processing personal data) and only grant access to those persons whose roles and responsibilities require it;
• Use security authentication lock-out; and
• Soon will be introducing additional security measures including multi-factor authentication (MFA) and automated access controls.

Ways to Access, Control, and Delete Personal Data

We respect our customers’ rights to request access to, and control and deletion of, personal data as required by applicable law. Customers may request access to, or that we delete and stop collecting, personal data by submitting a Support Form found in the help drop-down menu of our Insights web portal. The deletion, and/or cessation of the collection, of personal data may impact the capabilities of certain of our services. Any questions or requests for assistance with the above should be directed to our customer support team at support@conviva.com.

How Long We Keep Personal Data

Conviva retains personal data collected from our customers in connection with their use of our services, such as account login information, for as long as the customer’s account is active or as needed for us to provide the services to the customer. If any personal data is collected from our customers’ end users (such as IP addresses and viewer ID numbers), then we retain this personal data for up to thirteen months after collection, unless otherwise directed by our customers. More information about our Data Access and Retention Policy can be found in the help drop-down menu of our Insights web portal. Data privacy and security are top priorities for Conviva, and we continue to invest in these essential elements of our business. With the implementation of GDPR, many Conviva customers around the world will benefit from the added privacy protections this law affords.

Effective as of November 15, 2017

Conviva Inc. (“Conviva”) responds to copyright notifications submitted pursuant to the Digital Millennium Copyright Act (“DMCA”). In accordance with the DMCA, Conviva has designated an agent to receive notifications of alleged copyright infringement occurring in the www.conviva.com domain.

If you believe that work belonging to you has been copied onto the Conviva website or Developer Community without your permission, you can report alleged copyright infringement by contacting our designated agent via email or postal mail. Submit copyright infringement notification to:

Conviva Inc.

Attn: DMCA Copyright Agent

989 E. Hillsdale Blvd., Suite 400

Foster City, CA 94404

or

Email: dmca@conviva.com

Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement. The DMCA requires all infringement claims to be in writing and include the following information:

1. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);
3. Identification of the infringing material and information reasonably sufficient to permit Twitter to locate the material on our website or services;
4. Your contact information, including your address, telephone number, and an email address;
5. A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.