Privacy Policy

APPLICABLE REGULATIONS

USA TRAX operates this Site from its offices in the U.S.A. USA TRAX does not assert that the information on the Site is suitable or accessible for use in other locations. Access to the Site from territories where the content may be deemed unlawful is prohibited. Those who opt to access the Site from other locations do so at their own discretion and are responsible for adhering to relevant local laws. All matters regarding access to and utilization of the Site will be governed by U.S.A. federal law or the applicable laws. Any legal action or proceeding related to Site access or use shall be initiated in a state or federal court in the U.S.A. Both parties agree to submit to the jurisdiction of these courts in any such legal action or proceeding.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Site features necessitate the creation of an account, you must complete the registration process by furnishing current, comprehensive, and accurate information as prompted by the relevant registration form. Additionally, you will choose a password and a username. You bear complete responsibility for maintaining the confidentiality of your password and account. Moreover, you are entirely liable for any and all activities conducted under your account. You undertake to promptly inform USA TRAX of any unauthorized use of your account or any other security breach. USA TRAX will not be held responsible for any losses you may incur due to unauthorized use of your password or account, whether with or without your knowledge. However, you could be held accountable for losses incurred by USA TRAX or another party as a result of someone else using your account or password. You may not use anyone else’s account at any time without the account holder’s permission.

USE OF MATERIALS ACCESSIBLE ON THIS SITE

USA TRAX Content

You are prohibited from altering, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any USA TRAX content obtained from the Site, either in whole or in part, without the explicit written authorization of USA TRAX.

User Content

You acknowledge your responsibility for any material you may post, submit, or upload to or through the Site. This includes any materials posted or uploaded to publicly accessible Communication Services on the Site, as well as any information uploaded in connection with your use of our USA TRAX Cloud Personal Edition (“Cloud Personal”) products or other products, software, or services made available via the Site (collectively referred to as “User Content”). Your responsibilities encompass ensuring the legality (including compliance with all relevant data privacy and protection laws), reliability, appropriateness, originality, and copyright of any User Content. In accordance with applicable privacy and data protection laws, you will be deemed the data controller of all User Content and will be solely liable in all respects for any infringement of the privacy and data protection rights of individuals whose data is included in your User Content. You may not upload, distribute, grant access to, or otherwise publish through the Communication Services any User Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any third party, or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You may not upload commercial or business-related content onto the Site.

Unless otherwise agreed, you grant USA TRAX and its affiliates an unrestricted, nonexclusive, royalty free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display User Content throughout the world in any media, subject in each case to the restrictions outlined in the Site’s Privacy Policy. Notwithstanding the above, with respect to any data that you upload to the Cloud Personal service (“Cloud Personal Data”), we shall not disclose such data except (i) to our subsidiaries and third-party service providers in connection with the delivery of the Cloud Personal service, (ii) if we are required to do so by law, regulation, or legal process (such as a court order or subpoena), (iii) in response to requests by government agencies, such as law enforcement authorities, (iv) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity, or (v) with your consent. Furthermore, we shall not access the Cloud Personal Data except (i) to provide the Cloud Personal service; (ii) to prevent or address service or technical problems, or (iii) at your request in connection with customer support matters.

You further agree that USA TRAX and its affiliates are free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Yellowfin or its affiliates. No compensation will be paid with respect to the use of your User Content, as provided herein. USA TRAX is under no obligation to post or use any User Content you may provide and may remove any User Content at any time for legitimate reasons.

By posting or uploading User Content, you represent and warrant that you own, control, or are authorized to exercise all of the rights to the User Content including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the User Content; that User Content is accurate and up to date; that posting, submitting, or uploading to or through the Site does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify USA TRAX and its affiliates for all third-party claims resulting from User Content.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.