IMPORTANT, PLEASE READ CAREFULLY:
This Client Licence Agreement “CLA” is a legal agreement between you (as an individual or entity, “you” “the client”) and CyberIQ Limited (“CyberIQ”), for products and services, which may include internet and other risk assessment services and associated documentation or reports (“Service”). By using the service or receiving the services, you agree to be bound by the terms of this CLA. If you do not agree with the terms of this CLA, do not use the service or services.
This CLA grants you, the user, a non-exclusive, non-transferable license to use the Service, under the terms and conditions stated herein. The Service is to be used and deployed in accordance with the terms of this CLA. This CLA and the Licensing Policy can be updated from time to time, in CyberIQ’s sole discretion and will be made available at www.CyberIQ.co/legal/client-agreement.
You may use the Service for the number of licenses or capacity that you have purchased. You are permitted to make copies of the Service output (“Report”) and documentation for your own use in accordance with this Agreement. Any copies or partial copies of Service and documentation that you make must incorporate all patent, copyright and trademark notices.
CyberIQ’s Services, including CyberIQ Risk Score, are a NO TOUCH service. They do not engage on your network or any infrastructure in any form, whether on-premise, or in the Cloud. There is no risk to your infrastructure or requirement to engage specialist skills (internal or external) to implement the Service.
The CyberIQ Services engage in these domains: the internet, social media, and the darkweb. In engaging these domains our services seek out information about you that can be found there. This information is not owned or held by CyberIQ, or you, and CyberIQ’s engagement in these domains has no impact on your ability to operate in any manner. The information that CyberIQ may find already exists in these domains. Our ability to find and report on this information means that the impact of you knowing its content or of its existence is not the responsibility of CyberIQ.
You may not:
(a) sell, sublicense, rent or lease the Service to another party without purchasing the specific CyberIQ license to do so,
(b) decompile, disassemble, reverse engineer or modify in any manner, any of the Service (except to the extent such prohibition is expressly prohibited by law),
(c) use the Service in violation of any applicable laws or regulations, or
(d) make available the Service, output or Report on any type of public sharing website or forums.
CyberIQ treats the information provided to you as CONFIDENTIAL. We do not share this information with third parties. We do, however, anonymise the results of all the scores we collect to provide the baseline information for all our clients as the reference data provided in the report. This data is compiled in the Global Cyber Threat Index, which provides the baseline data that is used by CyberIQ Score. This data cannot identify any specific business or organisation. You agree that the inclusion of your anonymised data in this index is not a breach of confidentiality or privacy.
You agree that CyberIQ may, for business purposes and improving the Service, collect, process and use technical information that is gathered as part of any product maintenance and support services provided to you, and any other technical information you provide to CyberIQ, provided that such information does not identify you, a specific individual, or contain any personally identifiable information. By providing technical data and information to CyberIQ, you consent to CyberIQ’s storage and processing of such technical information for purposes of providing Service and support to you.
All right, title and interest to the intellectual property rights in and to the Service, and any copies that you are permitted to make, are owned by CyberIQ and/or its licensors and is protected by Swiss, United States and other country patent, copyright, trade secret and other laws and international treaties. Such licensors, in addition to any other rights or remedies available to them, are third party beneficiaries of this CLA for their respective Service. This Service is LICENSED, NOT SOLD. The purchase of the Service license (perpetual or subscription), is non-returnable and non-refundable. The Service is protected by patents, and certain trademarks and logos used in the Service are protected by trademarks.
9.1. Waiver of Consequential Damages. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER CYBERIQ NOR ITS SUPPLIERS, DISTRIBUTORS OR RESELLERS, SHALL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
9.2. Liability Cap. TO THE FULLEST EXTENT ALLOWED BY LAW, CYBERIQ’S AND ITS THIRD-PARTY SUPPLIERS’ ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THIS SERVICE.
10.1. Dispute Resolution; Arbitration. In the event of any controversy or claim arising out of or relating to this Agreement, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach a settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to this Agreement shall proceed to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party, and a third selected by the first two. Arbitration will take place in one of the following cities as mutually agreed between the parties: Sydney (Australia), Amsterdam (Netherlands) or San Francisco, CA (USA). If the parties are unable to agree to one of these cities, then the arbitration shall proceed in San Francisco, CA (USA). All negotiations and arbitration proceedings pursuant to this Section 10.1 will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.
10.2. Governing Law; Jurisdiction. This Agreement will be governed by and construed in accordance with the applicable laws of New Zealand, without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding that is not otherwise subject to the arbitration provisions of Section 15.1 (Dispute Resolution; Arbitration) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, New Zealand, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in New Zealand generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. Notwithstanding the foregoing, CyberIQ may bring a claim for equitable relief in any court with proper jurisdiction.
10.3. Injunctive Relief; Enforcement. Notwithstanding the provisions of this Section 15, nothing in this Agreement shall prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
10.4. Exclusion of UN Convention and UCITA. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Agreement. The Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement regardless of when or where adopted.
The Services are commercial computer Services. If the user or licensee of the Services is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Services, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Services were developed fully at private expense. All other use is prohibited.
This Agreement sets forth CyberIQ's entire obligation and the Client’s exclusive rights with respect to the Services and, except to the extent otherwise specifically provided in a purchase order or other written communication or advertising signed or jointly issued by both parties with respect to the Services, supersedes any conflicting terms of any purchase order and any other communication or advertising with respect to the Services. No failure of either party to exercise or enforce any of its rights under this Client Agreement will act as a waiver of those rights. If any provision of this Client Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Client Agreement will not be affected. This Client Agreement will be governed by the laws of New Zealand, without regard to its choice of law principles. You agree that exclusive jurisdiction for any claim or dispute arising out of or in connection with this Client Agreement resides in the Courts of New Zealand.
This is the privacy notice of CyberIQ Limited In this document, "we", "our", or "us" refer to CyberIQ.
CyberIQ Limited is a limited company registered in New Zealand (NZBN 9429047270183) with a registered office in Porirua.
1. This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.
2. We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.
3. We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them and will not accidentally fall into the hands of a third party.
4. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
5. Our policy complies with the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR).
6. The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org
7. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
2. The bases on which we process information about you
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which we process your personal information is no longer relevant, then we shall immediately stop processing your data.
If the basis changes then if required by law, we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
3. Information we process because we have a contractual obligation with you
When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to:
· verify your identity for security purposes
· sell products to you
· provide you with our services
· provide you with suggestions and advice on products, services and how to obtain the most from using our website
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
4. Information we process with your consent
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.
Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.
Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.
If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.
We continue to process your information on this basis until you withdraw your consent, or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us at info@CyberIQ.com. However, if you do so, you may not be able to use our website or our services further.
5. Information we process for the purposes of legitimate interests
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having considered:
· whether the same objective could be achieved through other means
· whether processing (or not processing) might cause you harm
· whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process your data on this basis for the purposes of:
· record-keeping for the proper and necessary administration of our business
· responding to unsolicited communication from you to which we believe you would expect a response
· protecting and asserting the legal rights of any party
· insuring against or obtaining professional advice that is required to manage business risk
· protecting your interests where we believe we have a duty to do so.
6. Information we process because we have a legal obligation
We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
This may include your personal information.
Specific uses of information you provide to us
7. Information provided on the understanding that it will be shared with a third party
Our website may allow you to post information with a view to that information being read, copied, downloaded, or used by other people.
· posting a message our forum
· tagging an image
· clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks
In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.
We do not specifically use this information except to allow it to be displayed or shared.
We do store it, and we reserve a right to use it in the future in any way we decide.
Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.
Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at firstname.lastname@example.org
8. Complaints regarding content on our website
We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published.
If you complain about any of the content on our website, we shall investigate your complaint.
If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.
Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.
If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
9. Job application and employment
If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for seven years before destroying or deleting it.
10. Sending a message to our support team
When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.
We record your request and our reply in order to increase the efficiency of our business.
We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high-quality service.
When we receive a complaint, we record all the information you have given to us.
We use that information to resolve your complaint.
If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
12. Affiliate and business partner information
This is information given to us by you in your capacity as an affiliate of us or as a business partner.
It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.
The information is not used for any other purpose.
We undertake to preserve the confidentiality of the information and of the terms of our relationship.
We expect any affiliate or partner to agree to reciprocate this policy.
Use of information we collect through automated systems when you visit our website
Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.
Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
· to track how you use our website
· to record whether you have seen specific messages we display on our website
· to keep you signed in our site
· to record your answers to surveys and questionnaires on our site while you complete them
· to record the conversation thread during a live chat with our support team
14. Personal identifiers from your browsing activity
Requests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.
If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.
15. Our use of re-marketing
Re-marketing involves placing a cookie on your computer when you browse our website in order to be able to serve to you an advert for our products or services when you visit some other website.
Disclosure and sharing of your information
16. Information we obtain from third parties
Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use. No such information is personally identifiable to you.
17. Third party advertising on our website
Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website.
We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.
18. Credit reference
To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
19. Data may be processed outside the European Union
Our websites are hosted in the USA.
We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.
Accordingly, data obtained could be processed outside the European Union.
For example, some of the software our website uses may have been developed in the United States of America or in Australia.
We use the following safeguards with respect to data transferred outside the European Union:
· the processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing.
· the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority in the European Union
· we comply with a code of conduct approved by a supervisory authority in the European Union [, specifically that in the country of …]
· we are certified under an approved certification mechanism as provided for in the Act
· both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority in the European Union relating to protection of your information
Access to your own information
20. Access to your personal information
· At any time, you may review or update personally identifiable information that we hold about you, by signing in to your account on our website.
· To obtain a copy of any information that is not provided on our website you may send us a request at info@CyberIQ.co.
· After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
21. Removal of your information
If you wish us to remove personally identifiable information from our website, you may contact us at info@CyberIQ.co.
This may limit the service we can provide to you.
22. Verification of your information
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
23. Use of site by children
· We do not sell products or provide services for purchase by children, nor do we market to children.
· If you are under 18, you may use our website only with consent from a parent or guardian
· We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.
· Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit.
24. Encryption of data sent between us
We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.
Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.
25. How you can complain
· If a dispute is not settled, then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
· If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Data Protection Commissioner. This can be done at https://www.dataprotection.ie/docs/complaints/1592.htm
26. Retention period for personal data
Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
· to provide you with the services you have requested;
· to comply with other law, including for the period demanded by our tax authorities;
· to support a claim or defence in court.
27. Compliance with the law
However, ultimately it is your choice as to whether you wish to use our website.