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MONOLOOP® Terms & Conditions

Monoloop Access Agreement

Effective date: May 1, 2012

1.1. Scope of Agreement

This agreement covers the delivery of the Monoloop service and the deliveries covered by the plan chosen by the Customer.


The entire agreement consists of the following sections:

1. Monoloop Access Agreement

2. Monoloop Terms and Conditions

3. Monoloop Privacy and Data Policy

1.2. Agreement

The agreement runs for the term selected by the Customer and will automatically renew itself for a new term by the end of the previous term.

1.3. System and application

  • Monoloop is a cloud based web service that combines tracking and personalization of content and page content on Client's site and email.
  • Monoloop automatically builds profiles of visitors to Clients site, based on the individual's behaviour on the site. These profiles are used to assemble content elements to the individual visitor and to individualize the content of each element from what is recorded about the visitor.
  • Monoloop can send emails to individuals who have been identified and which meets one or more criteria defined by the Client. Monoloop can also send emails to individuals who are registered on lists created in Monoloop by the Client.
  • Monoloop build profiles for both unknown and known visitors. When an unknown visitor identifies himself by email address or site registration the anonymous Monoloop behavioural profile is assigned to that visitor. Monoloop has built-in mechanisms to recognize visitors who have deleted their cookies and consolidate the information that is collected about the visitor across multiple profiles.
  • The system is hosted on Amazon EC2 virtual servers on a European data center. Monoloop uses Amazon's Cloudfront to ensure prompt delivery of scripts on the pages regardless of geographical location, and Amazon S3 content network to ensure fast, scalable delivery of static content such as images and files. Dynamic content is served by Monoloop server.
  • Monoloop use a small javascript placed in the page template of the Client website. This script provides both tracking as well as the delivery of dynamic content in the Client page when rendered by the visitor’s browser. The script is asynchronous and non-blocking – creating fast page loads. If Monoloops server is not responding, the default content is served by the existing site.
  • Monoloop is accessed via a standard Internet browser and are only protected by the client supplied user ID and password.
  • The Client can associate as many users to their account as the plan includes. The Client can create users and associate individual rights through Monoloops web interface.
  • The Monoloop service is configured for the typical traffic pattern on the Client website at signup. If the Client requires redundancy or a guaranteed capacity to handle peak loads this will require custom work and a separate SLA (Service Level Agreement).
  • The customer can use Monoloop up as many separate domains as the plan includes, with the same account and the same script. Profile information will be consolidated across the registered domains.
  • Emails are sent via Amazon SES or Clients own SMTP server.
  • Monoloop contains a RESTfull web service that makes it possible to extract the full Monoloop profile with a userID and password. This information is available from / Account / API in Monoloops interface.
  • Monoloop supports SSL encryption over HTTPS between visitors to Customer's site and Monoloop. Similarly, supported encryption between customer applications and Monoloops web. Traffic behind Monoloops firewall between the service servers is not encrypted.

1.4. Subscription plans

 

LITE

SMALL

STANDARD

ENTERPRISE

Domains

1

25

50

Unlimited

Account Users

1

5

25

Unlimited

Content Elements

25

100

Unlimited

Unlimited

Profile history (months)

3

12

12

12

Trackers

No

8

8

8

 

 

 

 

 

SSL

No

Yes

Yes

Yes

API/Web Service *

No

Yes

Yes

Yes

Custom Variables

0

5

10

Unlimited

Custom Trackers

No

5

10

Unlimited

Assets

No

Yes

Yes

Yes

Included page views/month

50.000

50.000

250.000

1000.000

Support

Forum

Forum

Ticket

Forum

Ticket

Phone

Forum

Ticket

Phone

Fee €/month

FREE

250

1.000

2.500

Postpaid Option

No

No

No

Yes

Service Level Agreement

No

No

No

Yes

* API calls are Free, returned records counts as page views.

* The web service provided may be requested no more than once per second.

1.5. Prices

Payment for use of the platform consists of:

  • Monthly access fee for the platform including a monthly volume of page views.
  • Page view volume beyond what is included in the plan.

Unused included monthly page volume cannot be transferred to another month.

Prepaid volume has no expiry.

Prices are fixed for the term for the chosen plan.

1.6. Discount

Monoloop offer 20 % discount for all Enterprise plans on annual prepayment.

1.7. Prepaid page views

Page volume is paid in advance and added to the customer’s account.

If included volume is exhausted Monoloop will use page view credits from the prepaid account. Extra page views are not an option for FREE accounts.

Prepaid Page Views

Plan

CPM/€

FREE

N/A

Small

3,75

Standard

2,00

Enterprise

From 0,75

Enterprise plans include the option for volume discounts:

Prepaid Page views

PV (mill)

CPM/€

1-10

0,75

11-25

0,70

26-50

0,65

51-100

0,60

+100

0,55

1.8. Prepaid e-mails

Emails volume is paid in advance and added to the customer’s account.

If included volume is exhausted Monoloop will use email credits from the prepaid account. 

Prepaid Email credits

Volume (mill)

CPM/€

0-1

4,00

1-5

3,75

5-10

3,50

10-20

3,25

+20

3,00

Emails pushed to own SMTP server counts as page views

1.9. Notifications

  • Customers are notified by email when:
  • When the threshold of included page views is reached.
  • When the included page views are exhausted and Monoloop begins to draw on the prepaid page views.
  • When the threshold of prepaid page views is reached.
  • When there are no more page views on either the included or the prepaid page views.
  • Monoloop disables the account and the service stops.

2.0. Improvements

Monoloop service is continuously improved and we are introducing new features. These features and enhancements will be available to existing Customer free of charge. Changes and new features to the service which is beyond the original scope of the service and requires any additional payments, require a separate agreement approved by the Client.

2.1. Custom Work

The Customer may hire Monoloop to perform custom work or extensions to the service. Any such service require a written statement of work (SOW) including scope, deliveries, timeline and budget. No custom work will be initialized without written confirmation from the Client.

2.2. Support

There is included technical support via email and helpdesk directly in the Monoloop interface.
Telephone support is during business hours between the hours. 9-17 at +45 3543 6500.

 

2.3. Termination

• The agreement may be terminated by the Client and Monoloop with 30 days notice.
• Prepaid page view and emails credits will not be refunded in connection with termination.

Profile Information will be deleted following the termination of the agreement. The Customer may, upon termination request to fully extract all profiles registered in the platform. Profile data will be made available as a CSV document via an FTP server. 30 days after termination of the agreement we delete all data permanently from our servers.

2.4. Payment Provisions

Monoloop subscription fees as well as surplus volume of page views and emails are all prepaid.

Monoloop Enterprise accounts have the option for invoiced payments (post payment). This may come with an additionally small monthly handling fee.

MONOLOOP® Terms & Conditions

BY USING THE SERVICE, YOU AGREE TO THIS AGREEMENT AND ALL OF ITS TERMS AND CONDITIONS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT, YOU DECLARE THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT. IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.

YOU MAY NOT USE OR ACCESS THE SERVICE IF YOU ARE OUR DIRECT COMPETITOR, OR ON BEHALF OF A DIRECT COMPETITOR OR IF YOU REPRESENT A DIRECT COMPETITOR, OR ACCESSING OR USING THE SERVICE FOR THE BENEFIT OF ONE OF OUR DIRECT COMPETITORS. IN ADDITION, YOU MAY NOT ACCESS OR USE THE SERVICE FOR PURPOSES OF MONITORING ITS AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.

1. Account, password and security

To register for the Service, you will be required to register and create an online account and set up a profile which will be used to manage your use of the Service hereunder ("Account"). During this registering Account set-up process, we will ask for the following pieces of information:
Your name, your email address, company’s or organization’s name, phone number, website URL, expected page views per month. We also require you to select a password. Once you are a registered user, you can update your profile and you may resolve to provide additional information.

All information required during the Account set-up process must be provided, and be complete and accurate in all respects. You must keep your Account and password confidential. You are solely responsible for any and all activity initialized through your Account. You agree to immediately notify MONOLOOP of any unauthorized use of your Account. From time to time, MONOLOOP’s personnel will log in to the Service under your Account and access and use Client Data (defined below) and other information in your Account in order to provide, maintain, support or improve Service.

2. Subscription Service

Subject to the terms and conditions of this Agreement and during the Term, MONOLOOP shall make the Service available to you via the secure login page. As used herein, "Service" shall mean all MONOLOOP online Web-based software as a service specified on the MONOLOOP Access Agreement document including any additional capacities, features or functionalities subsequently purchased by you that augment or enhance the Service. Service will commence on the date of your sign up for the selected plan or a product trial.

Additional limitations applicable to the specific Service you purchase are further described in the MONOLOOP Access Agreement. In connection with your use of the Service, MONOLOOP hereby grants a non-exclusive, limited license during the Term of this Agreement to (i) place the MONOLOOP tracking code on Client Websites (defined below) for the sole purpose of collecting data for the Service, and to (ii) use the Documentation and make reasonable number of copies of the Documentation. Upon the expiration or early termination of this Agreement, the license granted to you to place such tracking code and use such Documentation automatically terminates. "Client Websites" means those websites, applications or devices owned or controlled by you for which you wish to use the MONOLOOP tracking code or any other identifier to collect data for the Service. "Documentation" means the user documentation published by MONOLOOP and made available to you in connection with the Service. MONOLOOP may make improvements and/or changes in the Service, including the tracking code and the Documentation, from time to time in its sole discretion.

3. Restrictions

You or any of your employees, officers, directors or authorized contractors, (each a "User") shall not (i) use the Service or any portion thereof to provide services to any third party or for the benefit of any third party (whether by means of a service bureau, by "mirroring" or "framing" any part of the Service, or otherwise), or make the Service available to anyone other than Users; (ii) copy, modify, create a derivative work of or gain unauthorized access to the Service, including, without limitation, for the purpose of developing a similar or competitive product or service; (iii) remove, obscure or alter any proprietary notices or labels on the Service or any component thereof, or any Documentation; (iv) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein; (v) disclose the results of any performance, functional or other evaluation or benchmarking of the Service, provided, however, you may distribute the Reports and Client Data; (vi) use the Service to upload, store or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (vii) use the Service to collect, upload, store or transmit infringing, libelous or otherwise unlawful or tortuous material, or to collect, upload, store or transmit data in violation of third-party privacy rights or applicable privacy and data security laws, rules or regulations; or (viii) attempt to gain unauthorized access to the Service or related systems or networks. You shall (a) be responsible for each User's compliance with this Agreement, (b) be solely responsible for the integrity and legality of Client Data and of the means by which you acquired Client data, and (c) use the Service only in accordance with the applicable Documentation and applicable laws and government regulations.

You hereby acknowledge and consent to MONOLOOP’s use of our own products to collect and analyse data regarding your and Users' access and use of the Service, to improve the Service and MONOLOOP technology, and to optimize your access to and use of the Service. Service and all components thereto are not fault-tolerant. Service and all components thereto are not designed or intended for use in any situation where failure or fault of any kind of the Service or any component could lead to death or serious bodily injury of any person, or to severe physical or environmental damage ("High Risk Use"). Client is not licensed to use the Service or any component of the Service in, or in conjunction with, High Risk Use. High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug and Cosmetic Act. Client agrees not to use the Service or any component thereof in or in connection with any High Risk Use.

4. Evaluation Use

In the event that you have accessed the Service for evaluation and trial purposes only, the terms of this paragraph shall apply in addition to all the other terms of this Agreement. Your right to use the Service commences when you place the MONOLOOP tracking code on Client Websites and, unless you and MONOLOOP agree to a different period, automatically terminates in thirty (30) days (the "Evaluation Period"). Any Service provided to you for evaluation purposes will automatically disable itself at the end of the Evaluation Period, as it employs a restriction mechanism which restricts the program to a limited period of time. You agree to not do anything to circumvent or defeat the restriction mechanism. Additional product functionality restrictions may apply during the Evaluation Period. Any Client Data collected and analyzed by the Service, and any customization made to your Account during the Evaluation Period, will be permanently lost unless you purchase a subscription to the same Service as those covered during the Evaluation Period. NOTWITHSTANDING ANY OTHER PROVISIONS INCLUDED IN THIS AGREEMENT, DURING THE EVALUATION PERIOD, THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY.

5. Billing and Payments

The Service is made available on a pay-as-you-go basis and is charged at the start of your elected subscription term (monthly). If you do not provide your credit card or other payment information to Monoloop before the expiration of any free trial period, your account will be suspended until payment information and charge authorization are provided. You will be promptly billed and, if applicable, any trial period will terminate. Thereafter, your subscription will renew automatically based on your plan’s renewal cycle. The Service provides an interface for the account owner to change credit card information (e.g., upon card renewal). The account owner will receive a receipt upon each payment received, or they may obtain a receipt from within the application to be able to track the status of your subscription.

6. Modifying Your Subscription

If you choose to upgrade your plan during your elected subscription period, you will be billed immediately for a prorated amount and start new billing period. Subsequently, you will be charged the adjusted rate on your next billing cycle. If you choose to downgrade your plan during your elected subscription period, you will migrated to the new plan by the end of the current period. Subsequently, you will be charged the rate of your new plan.

7. No refunds

Regardless of your billing cycle, there are no refunds or credits for partial months of plan downgrades, if you close your account before the end of your subscription period. Downgrading your plan level may cause the loss of content, features, or capacity of your account and Monoloop does not accept any liability for such loss. Monoloop reserves the right to contact you about special pricing if you maintain an exceptionally high number of page views, an unusually high concurrency level or other excessive stress on the Service.

8. Overdue charges

If you fail to pay your subscription fee on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire subscription may be suspended or cancelled.

9. Billing Privacy

Monoloop uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for Monoloop.

10. Payment Terms

Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Monoloop based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.

MONOLOOP RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE IN THE EVENT OF YOUR FAILURE TO MAKE ANY PAYMENT TO MONOLOOP WITHIN THIRTY (30) DAYS AFTER SUCH PAYMENT IS DUE. MONOLOOP WILL ALSO TERMINATE YOUR ACCESS TO THE SERVICE UPON THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. YOU AGREE AND ACKNOWLEDGE THAT MONOLOOP WILL NOT BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM SUCH SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, EVEN IF MONOLOOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Unless otherwise stated, all fees are quoted in the currency specified in the applicable Quote or similar order document. You are responsible for paying all fees associated with using the Service.

11. Services

Your purchase of the Service includes basic support for the Service provided in accordance with Monoloop then prevailing policy applicable to the specific Service subscribed by you. You may purchase upgraded support for an additional fee. Technical support for the Service begins on the Delivery Date. Your subscription to the Service does not include any professional services, including consulting, implementation and training services, unless otherwise specified in the Quote or other order document. Monoloop may provide professional services to you from time to time. Unless otherwise agreed by you and Monoloop in writing, such professional services shall be provided in accordance with the terms and conditions set forth on Monoloop’s website at www.monoloop.com.

12. Limited Warranty

Subject to the terms and conditions of this Agreement and during the Term, Monoloop warrants to you that it has the right to provide you with a subscription in the Service in accordance with the terms and conditions of this Agreement and it will provide the Service to you in a professional manner as measured by current industry standards. Monoloop is not responsible and shall have no warranty obligations whatsoever with respect to any Service or any component of the Service that has been modified in any way by anyone other than Monoloop.

13. Warranty Disclaimer

OTHER THAN AS EXPRESSLY SPECIFIED IN SECTION 12 OF THIS AGREEMENT, THE SERVICE, THE MONOLOOP TRACKING CODE, CLIENT DATA, DOCUMENTATION AND REPORTS ARE PROVIDED "AS IS".

MONOLOOP, ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTIES SHALL ARISE BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. MONOLOOP, IT'S SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE SERVICE, THE MONOLOOP TRACKING CODE, CLIENT DATA, DOCUMENTATION OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT ERRORS WILL BE FIXED, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR TIMELY. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMS THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE.

14. Limitations of Liability

MONOLOOP, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU, ANY USERS OR ANY THIRD PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF ANY REMEDY. MONOLOOP’S CUMULATIVE LIABILITY FOR ANY AND ALL LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO MONOLOOP FOR USE OF THE SERVICE UNDER THIS AGREEMENT DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM GIVING RISE TO LIABILITY.

15. Term and Termination

This Agreement and the Service will commence upon the Delivery Date and, unless earlier terminated, will remain effective for the contract term specified in the Monoloop Access Agreement.

The account owner (as defined in the sign-up procedure) is responsible for canceling your account, and can cancel the account by terminating the account on the Account/General tab from inside the Monoloop user interface. Once you cancel your account you will lose access to all of your profile data, reports, tracker definitions, defined business logic, content elements and assets. We preserve the right to delete all such content in the normal course of operation. This content cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again.

Monoloop may terminate this Agreement effective immediately upon written notice to you, if (i) You or any User breaches the licensed rights or limitations set forth in Section 3 or 8 above, or (ii) You or any User breaches any other provision of this Agreement (including, without limitation, the payment obligation) and does not cure the breach within thirty (30) days after receiving written notice thereof from Monoloop. You may terminate this Agreement effective immediately upon written notice, if Monoloop breaches any provision of this Agreement, and does not cure the breach within thirty (30) days after receiving written notice from you.

Upon termination of this Agreement for any reason, (i) all rights granted herein will immediately cease to exist, and you must promptly discontinue all further use of and Monoloop will terminate all access to the Service by you or any User, and (ii) you must destroy all tangible copies of the Documentation and erase all electronic versions thereof, and remove all Monoloop tracking code from Client Websites. Upon request, you will certify to Monoloop in writing that you have fully complied with the requirement in the foregoing sentence.

16. Modifications to Terms and Conditions and other policies

Monoloop reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Service, or any policy governing the Service, at any time, by posting the new agreement to the Monoloop Service site located at www.monoloop.com. You are responsible for regularly reviewing the agreement. Your continued use of the Service following Monoloop’s posting of the change(s) will constitute your acceptance of such change(s).

17. Client Reference

You hereby grant Monoloop the right to use your trade name and your corporate logo in connection with Monoloop’s promotional materials and website to identify you as a client of Monoloop.

18. Applicable Law and Venue

18.1. This Agreement, including Monoloop Access Agreement, constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals representations written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. Notwithstanding any language to the contrary therein, no terms or conditions stated in your purchase order or in any other order documentation of yours shall be incorporated into or form any part of this Agreement, and all such terms and conditions shall be null and void.

18.2. Monoloop shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including without limitation, any force majeure event, problems with Internet access, or problems that result from your or third party actions or inactions or that result from your or third party equipment, software or technology (other than third party equipment within our direct control).

18.3. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, consistent with the original intent of the parties, and the other provisions of this Agreement will remain in force.

18.4. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

18.5. Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned, or otherwise transferred, in whole or in part, by you, whether voluntary or by operation of law, and any such attempted assignment shall be void and of no effect. Notwithstanding the foregoing sentence, a party may assign this Agreement in connection with a merger, reorganization, acquisition, or sale of all or substantially all of its assets, as long as in your case, the surviving entity is not a competitor of Monoloop.

18.6. This Agreement shall be binding upon and will be effective to the benefit of the parties and their respective heirs, successors, permitted assigns, and legal representatives. This Agreement shall be governed by and interpreted under the laws of Denmark. Any controversy or claim arising out of or in any way connected with this Agreement or the alleged breach thereof shall be brought in the courts located in Denmark.

Monoloop Privacy and Data Policy

Monoloop supplies online website personalization and optimization services to our clients (the “Service”) to enhance the performance of their online initiatives.

1. Privacy

By accessing or using the Service, you have authorized Monoloop to collect, store, and process Client Data subject to the terms of this Agreement. You shall ensure that during your and all Users' use of the Service, each of the Client Websites shall have a privacy policy that clearly and conspicuously notifies visitors to the Client Website that such Website, application and/or device is tracked and analyzed by an optimization service, and informs visitors of the methods by which their usage information is being collected and the way in which such information is being used. You shall ensure that the collection, storage and processing of such Client Data, as provided in this Agreement will at all times comply with (a) your own policies regarding privacy and protection of user information, and (b) the European Union’s The Data Protection Directive as well as the US – European Union Safe Harbor framework, and all other applicable laws, rules and regulations, including (i) those related to processing, storage, use, reuse, disclosure, security, protection and handling of visitor or user information and data, and (ii) applicable export and import control laws and regulations. You agree to indemnify Monoloop, its directors, officers, employees and authorized agents from all losses (including reasonable attorneys' fees), actions or claims brought by a third party to the extent that such losses, actions or claims arise out of your or any User's breach of this Section.

You and / or Monoloop will never disclose nor share any personally identifiable data or profiles with third parties. Monoloop reserves the right to share collected information that is not personally identifiable and cannot be traced as such with third parties, and we will not necessarily ask for your permission or even inform you that we are doing so. Information gathered through the Monoloop service may include the date and time of visits, the pages viewed, time spent at our website, and the websites visited just before and just after our client’s website. We use a small piece of javascript tracking code including "web beacons" to determine which pieces of content users have seen and how users responded to them. This aggregated statistics and anonymous information may be used by Monoloop in remarketing activities meaning that we may use such anonymous information to select online advertising and / or other marketing messages targeted to former Users of our clients’ websites when visiting third party sites that use advertising networks that are used by Monoloop. We may also disclose information that we collect if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect someone’s safety.

2. Client Data

Monoloop shall maintain industry-standard security controls over resources it maintains to provide the Service, in order to protect the confidentiality, privacy, integrity and availability of Client Data.

During the Term of this Agreement, Monoloop shall keep and store the Client Data on Monoloop servers. Monoloop shall maintain a full backup of Client Data during the term of this Agreement to secure recovery in case of system failure.

All data for European clients are stored on European data centers and all data for US clients are stored on US data centers.

Notwithstanding any provision to the contrary stated herein, (i) Monoloop does not have any obligations to retain, store, deliver or provide access to any Client Data other than as expressly stated herein, (ii) Monoloop will not deliver or provide you with access to the raw collected data included in Client Data, and (iii) Monoloop's obligations to keep and store Client Data shall terminate with the expiration or earlier termination of the applicable Service.

You may transmit, copy, extract or otherwise remove Client Data from Monoloop Service servers as provided as part of the Service or using a third party or your application to interface with the Service.

Monoloop is not responsible in any way for any Client Data once such Client Data is transmitted, copied, extracted and/or removed from Monoloop Service servers by you or a third party authorized by you. You, or a third party authorized by you, may also upload, copy or transmit data collected from other sources other than Client Websites to Monoloop Service servers. Such data, once uploaded in to Monoloop's Service servers, will be deemed Client Data, and as such, it shell be governed by this Agreement. Also, it will be calculated in your total usage of the Service. Your use of any Monoloop application programming interface ("API") for purposes of transmitting, copying, extracting, removing, updating or uploading data to or from Monoloop Service servers, or to develop one or more applications based on such Monoloop API, is subject to the usage terms provided with the API documentation. If you install or enable one or more third party application(s) for use with your Account on the Service, you acknowledge that Monoloop may allow providers of those third party applications to access Client Data as required for the interoperations of such third party application with the Service. Monoloop is not responsible for any disclosure, modification or deletion of Client Data resulting from any such access by third party application providers.

3. Confidentiality

Each party may have access to information that is confidential and proprietary to the other party ("Confidential Information"). Confidential Information shall include any information that is clearly identified in writing at the time of disclosure as confidential as well as any information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential.

Monoloop's Confidential Information shall include, but not be limited to, the Service, formulas, methods, know-how, processes, designs, new products, developmental work, marketing requirements, marketing plans, licensee names, prospective licensee names, the terms and pricing under this Agreement, and the results of any comparative or other benchmarking tests with respect to the Service, in each case regardless of whether such information is identified as confidential. Confidential Information includes all information received from third parties that the disclosing party is obligated to treat as confidential and oral information that is identified by the disclosing party as confidential. This obligation of confidentiality does not apply to (i) any information that is or becomes a part of the public domain through no act or no omission by the receiving party, (ii) was in the receiving party's lawful possession prior to the disclosure without any restriction on disclosure, or (iii) is independently developed by the receiving party without use of or reference to such Confidential Information. If the receiving party is required to disclose such Confidential Information to any court or government authority, then the receiving party hereby agrees to provide the disclosing party with sufficient written notice prior to the receiving party's disclosure. SUCH OBLIGATIONS OF CONFIDENTIALITY SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Each party agrees not to (a) make Confidential Information available in any form to any third party except to such party's employees, contractors, agents or service providers who are required to have access to that information in order to allow such party to exercise its rights or perform obligations under this Agreement, or (b) to use the Confidential Information for any purpose other than in the performance of this Agreement. Each party agrees not to disclose the results of any performance tests of the Monoloop Service to any third party. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by such party's employees or agents in breach of this Agreement. Upon request of the disclosing party, the receiving party will destroy the disclosing party's Confidential Information, other than archival back-up copy.

We retain the personally identifiable information that our clients store on our servers for the period that our clients has specified – however no longer than two years. Also, the anonymous information (i.e. any piece of information that is not personally identifiable) gathered from our clients’ visitors will not be retained longer than two years. However, we will at all times delete the information relevant to a particular client or visitor to our clients’ websites when we receive a request to do so.

Monoloop uses “cookies” to identify unique visitors and enhance visitors’ experience on our client’s website. A “cookie” is a small data file that can be placed on your hard drive when you visit certain websites. We use cookies to identify visitors who browse our clients’ websites. These cookies contain an identifier that identifies each such visitor anonymously in order to be able to analyze his or her past behaviour in relation to our client’s website. Our clients’ website visitors have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can easily modify your browser setting to decline cookies set by our clients website or the Monoloop service if you prefer. If you do not want tracking information to be stored, Monoloop gives you the option to decline tracking. If our clients’ visitors decline cookies or if they deactivate the use of javascript, only the tracking of anonymous visit and page views will be performed. Monoloop uses standard cookies and persistent cookies – a proprietary Monoloop technology that survives normal cookie deletion. If our clients’ visitors’ delete their cookies, the proprietary persistent cookie guarantees that Monoloop will not resume tracking the user as a new visitor upon revisiting the site.

Each of our clients is invited to place an opt-out link on their website so that visitors to their websites can react if they do not want their information to be tracked and stored by Monoloop. By clicking on the link, those visitors will activate our opt-out process. We will implement each opt-out election instantly when we receive it. We have placed a general opt-out link on www.monoloop.com. By using the general opt-out, our clients’ Users may direct us to purge all or a portion of the data that we have received or collected in the course of performing the Services for our clients. Users may opt-out of our Services for each individual client website and for all of our Services for all client sites. We provide the opt-out functionality at www.monoloop.com

Upon receiving the opt-out request, we will delete the information submitted to us pertaining to that request.

We reserve the right to revise this Privacy Policy by posting the changes on this page. Please check the revision date at the top of this page to determine if the policy has been revised recently. Your continued use of any portion of our site following posting of the updated Privacy Policy will constitute your acceptance of the changes.

If you should have any questions or concerns regarding this Privacy Statement, please contact your Monoloop account manager.