Privacy Policy


This Privacy Policy is subject to and incorporated into the terms of service (the "Terms") between You and FYDOUGH®. You may access the Terms at www.fydough.com. Capitalized words used in this Privacy Policy without definition have the meaning given to them in the Terms. By agreeing to the Terms and installing, accessing or using the Services, You are agreeing to this Privacy Policy and the terms contained herein.

This Privacy Policy applies to FYDOUGH's® collection and use of personally identifying information that FYDOUGH® may gather when You contact us, visit our web site or purchase, license or use the Services. By accessing or using the Services, You expressly consent to the collection, processing and use of Your personal information according to this Privacy Policy.

HOW FYDOUGH® USES INFORMATION

Personal Information. FYDOUGH® collects personal information relevant to Your subscription with FYDOUGH®, including Your name, mailing address, phone number, e-mail address, date of birth and asset locations which you provide for your Map™. This includes certain non-personally identifiable information from Your computer that reflects Your use of FYDOUGH®, including, without limitation, statistics relating to how often updates are started and completed, performance metrics and configuration settings. This non-personally identifiable information collected will be sent to FYDOUGH® and may be used by FYDOUGH® without restriction.

Cookies and Other Technologies. FYDOUGH® uses "cookies" and other technologies to collect data that enables us to better understand and improve the usability, performance and effectiveness of our web site. Cookies are files sent to Your browser and stored on Your computer. If You do not want FYDOUGH® to send cookies to Your browser, You can set Your browser options to reject cookies or notify You when a web site tries to put a cookie into Your browser. Rejecting cookies may affect Your ability to use some features of the Services.

FYDOUGH® gathers general information about visits to our web site, the Map™ You have updated, the configuration of Your computer and Your computer's interaction with FYDOUGH®. FYDOUGH® uses this information to provide the Services, understand traffic on our web site, provide You with technical support, improve the web site and provide the best online experience possible for our customers.

Use of Your Personal Information. FYDOUGH® will not share or sell Your personal information to third parties except as agreed upon as it pertains to the retrieval of your Map™ to be provided to your designated heirs at your incapacitation and/or death or unless disclosure is necessary to comply with the law.

FYDOUGH® will, on occasion, view the contents of Your Map™. FYDOUGH® may view Your Map™ information to assist You, the Mapper™ Subscriber, with technical assistance in completing your Map information or when your Map™ information is to be retrieved by FYDOUGH® at your incapacitation or death and provided to your designated heirs. FYDOUGH® may view your Map™ contents for quality control and technical support. FYDOUGH® will not disclose Your personal information, including the contents of Your Map™, to third parties unless disclosure is necessary to comply with the law or unless the third party is one of your designated heirs at your incapacitation and/or death.

How You Can Access Or Correct Your Personal Information. You can update Your personal information by accessing the password-protected, web-based FYDOUGH® administrative console by supplying Your valid login credentials or e-mailing FYDOUGH® at privacy@fydough.com.

Security Policy

This Security Policy is subject to and incorporated into the terms of service (the "Terms") between You and FYDOUGH®. You may access the Terms at www.fydough.com. Capitalized words used in this Security Policy without definition have the meaning given to them in the Terms. By agreeing to the Terms and installing, accessing or using the Services, You are agreeing to this Security Policy and the terms contained herein.

SECURE FEATURES

FYDOUGH® takes Your right to privacy and the security of Your data very seriously. FYDOUGH® is built with a series of administrative, physical and technical safeguards designed to protect Your Account.

SECURE TRANSFER

Your Map™ is encrypted with SSL 256-bit encryption prior to transfer and then sent through an encrypted 256-bit SSL tunnel to FYDOUGH® data centers.

SECURE STORAGE

After the secure transfer to FYDOUGH® data centers, Your backed-up Map™ is maintained and stored with FYDOUGH® using 256-bit encryption. Your backed-up Map™ is accessible only by supplying Your valid login credentials.

PHYSICAL SECURITY

FYDOUGH® servers are SSAE16 compliant, meeting industry-recognized requirements for security and reliability. The servers are located in secure data centers, protected with features such as gated perimeter access, 24 x 7 x 365 on-site staffed security and technicians, electronic card key access and security cameras inside and outside of the buildings.

RESTRICTED ACCESS

Your backed-up Map™ may be accessed using the password-protected, web-based FYDOUGH® administrative console by supplying Your valid login credentials. Although FYDOUGH® makes good faith efforts to store Your backed-up Map™ in a secure operating environment that is not accessible to unauthorized users, FYDOUGH® cannot guarantee complete security. By using such products and services, You knowingly accept this risk.

NETWORK SECURITY

FYDOUGH® utilizes independent, third-party consultants to review the safety and security of Your backed-up Map™ and routinely checks its systems for vulnerabilities to ensure that Your backed-up Map™ is safe.

YOUR CONDUCT

FYDOUGH® may terminate Your access to and use of the Services if You (1) harm, disrupt or otherwise engage in activity that diminishes the FYDOUGH® brand, Services, computer system or network, (2) misrepresent Your identity, impersonate any person or attempt to gain access to any Account, computers or networks related to the Services, without authorization, (3) attempt to interfere with any other person's use of the Services, (4) use a Service inappropriate for Your usage (4) use the Services to store or distribute material that contains viruses, Trojan horses, worms, corrupted files or any other similar software that may damage the operation of the Services or another person's computer or property, (10) alter or modify any disabling mechanism which may be included in the Services, (11) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Services, (12) directly or indirectly permit any third party to copy the Services,

You are solely responsible for ensuring that Your use of the Services is in compliance with all applicable foreign, federal, state and local laws, rules and regulations. You shall defend, indemnify and hold FYDOUGH®, its officers, directors, shareholders, affiliates, suppliers and licensors, harmless from and against any and all damages, fines, penalties, assessments, liabilities, losses, costs and expenses (including attorneys' fees, expert fees and out-of-pocket expenses) in connection with Your use of the Services, Your violation of these Terms, Your violation of any third-party rights, including any intellectual property rights, any misuse or fraudulent use of credit and debit cards, any claims that the Services or any party thereof were exported or otherwise shipped or transported by You in violation of applicable laws, rules and regulations, or any claim of misuse of the Services, including but not limited to any claim that You are storing illegal data in Your Account.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

YOUR USE AND ACCESS OF THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, SOFTWARE AND THE LOSS OF STORED DATA THAT RESULTS FROM THE USE THEREOF. YOUR STORED DATA MAY NOT BE AVAILABLE OR RETRIEVABLE IF (1) FYDOUGH® HAS NOT COMPLETED COPYING YOUR MAP OR CHANGED/UPDATED MAP, (2) YOU HAVE NOT COMPLETELY OR ACCURATELY SUPPLIED AND MAINTAINED YOUR MAP ON YOUR ACCOUNT INCLUDING INFORMATION ON YOUR DESIGNATED HEIRS, (3) YOU INAPPROPRIATELY PROVIDE YOUR USER NAME AND PASSWORD TO A THIRD PARTY WHO ALTERS THE CONTENTS AND ACCURACY OF YOUR MAP, INCLUDING YOUR DESIGNATED HEIRS' INFORMATION (4) YOUR COMPUTER IS UNABLE TO ACCESS THE INTERNET OR FYDOUGH'S® SERVERS, (5) YOU FAIL TO FOLLOW FYDOUGH's® TECHNICAL REQUIREMENTS, INCLUDING FULLY COMPLETING AND UPDATING YOUR MAP AS REQUIRED, OR (6) YOU TERMINATE YOUR LICENSE OR FAIL TO RENEW YOUR SUBSCRIPTION TO THE SERVICES.

THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT FYDOUGH® DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (1) VIRUSES, WORMS, TROJAN HORSES AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (2) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS AND NETWORKS. FYDOUGH® IS NOT RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR ACCOUNT AND YOUR COMPUTER SYSTEMS. THE SERVICES AND THIRD-PARTY COMPONENTS ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. FYDOUGH® DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND THIRD-PARTY COMPONENTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. FYDOUGH® DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FYDOUGH® SHALL CREATE ANY ADDITIONAL FYDOUGH® WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF FYDOUGH's® OBLIGATIONS HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FYDOUGH® BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR DATA, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA, LOSS OF STORED DATA OR BUSINESS INTERRUPTION, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF FYDOUGH® HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF FYDOUGH® FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL BE LIMITED TO THE SUBSCRIPTION FEES PAID BY YOU TO FYDOUGH® IN THE 12 CALENDAR MONTHS IMMEDIATELY PRIOR TO THE DAMAGES ARISING. IF THE SERVICES ARE PROVIDED TO YOU WITHOUT CHARGE, THEN FYDOUGH® SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THESE TERMS AND FYDOUGH's® AGREEMENT TO PROVIDE YOU THE SERVICES, AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE FOREGOING TERMS MAY NOT APPLY TO YOU.

GENERAL LEGAL TERMS

Governing Law and Arbitration. These Terms shall be governed, construed and enforced in accordance with the laws of the State of Arizona without reference to conflicts of law principles. The parties agree that the exclusive jurisdiction of any actions arising out of, relating to or in any way connected with these Terms, shall be in the state or federal courts, as applicable, located in the City of Phoenix or the County of Maricopa, Arizona. Any dispute, controversy or claim arising out of or relating to this Agreement, including the arbitrability of the matter or the formation, interpretation, scope, applicability, termination or breach thereof, shall be referred to and finally determined by arbitration in accordance with the laws of the State of Arizona. This section shall apply to and require arbitration of all disputes, controversies and claims, regardless of whether such disputes, controversies or claims concern a single individual, entity or other person, multiple individuals, entities or other persons, or classes of individuals, entities or other persons.

General. These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any subsequent default or breach. If You or FYDOUGH® cannot perform its obligations under these Terms because of any act of God, accident, strike, court order, fire, riot, war, failure of third-party equipment or any other cause not within the affected party's reasonable control and that could not be avoided through the exercise of reasonable care and diligence (a "Force Majeure Event"), then the non-performing party will (1) promptly notify the other party, (2) take reasonable steps to resume performance as soon as possible, and (3) not be considered in breach during the duration of the Force Majeure Event. If a Force Majeure Event continues for 5 or more days, FYDOUGH® may terminate Your subscription to the Services and these Terms by providing electronic notice to You. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT. The following provisions shall survive termination or expiration of this Agreement: Your Account, Privacy and Security, Your Subscription, Your Conduct, FYDOUGH® Property, Disclaimer of Warranties; Limitation of Liability; and General Legal Terms.

Updated August 2012

Merchant Services

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