Kosmos Central | Terms of Use

Terms of Use

1. TERMS

By accessing or using this web site (including any website owned or operated by KosmosCentral, LLC. (“KosmosCentral”), the “Site” in any manner, you are agreeing to be bound by these web site Terms and Conditions of Use (the “Terms”) without any modification and to the exclusion of all other terms. You agree that you will be responsible for compliance with all applicable laws and regulations, including any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing the Site and should log off of it immediately. The materials contained in the Site are protected by applicable copyright and trademark law and other applicable proprietary rights and laws. If you are entering into these Terms on behalf of an entity, then you represent and warrant that you are authorized to bind such entity to these Terms.
The Site is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are at least 13 years old, you are of legal age to agree to these terms and conditions or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. KosmosCentral may, in its sole discretion, refuse to offer the Site 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 Site is revoked in such jurisdictions.

2. USE LICENSE

Subject your full compliance with these Terms, permission is granted to temporarily download one copy of the materials (information or software) on KosmosCentral’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
· modify or copy the materials;
· use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
· attempt to decompile or reverse engineer any software contained on KosmosCentral’s web site (except to the extent such restriction is prohibited by applicable law);
· remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by KosmosCentral at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Without limiting the foregoing, you shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Site, 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, spam or bulk e-mail;
· involves commercial activities and/or sales without KosmosCentral’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 KosmosCentral or any third party; or
· impersonates any person or entity, including any employee or representative of KosmosCentral.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by KosmosCentral in its sole discretion) an unreasonable or disproportionately large load on KosmosCentral’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures KosmosCentral may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site); or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

3. REGISTRATION

As a condition to using certain aspects of the Site, you may be required to register with KosmosCentral and select a password and screen name (“KosmosCentral User ID”). If you are so required, You shall provide KosmosCentral with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You shall not (i) select or use as a KosmosCentral User ID a name of another person with the intent to impersonate that person; (ii) use as a KosmosCentral User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a KosmosCentral User ID a name that is otherwise offensive, vulgar or obscene.
KosmosCentral reserves the right to refuse registration of or cancel a KosmosCentral User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your KosmosCentral password. You shall never use another user’s account without such other user’s express permission. You will immediately notify KosmosCentral in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

4. USER SUBMISSIONS

The Site may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship or other information or content, to the Site (“User Submissions”). By posting User Submissions on or at the Site, you agree to the following:
· By submitting the User Submissions to KosmosCentral, or displaying, publishing, or otherwise posting any content on or through the Site, you hereby do and shall grant KosmosCentral a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, and KosmosCentral’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms. For clarity, the foregoing license grant to KosmosCentral does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
· You represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by KosmosCentral (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and
· You acknowledge and agree that: (i) without limiting the licenses granted by you to KosmosCentral with respect to your User Submissions, KosmosCentral shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated; (iii) KosmosCentral will not be liable for any errors or omissions in any content; and (iv) KosmosCentral cannot guarantee the identity of any other users with whom you may interact in the course of using the Site.
You hereby grant KosmosCentral a royalty-free, worldwide, transferable, sub licensable, irrevocable, perpetual license to use or incorporate into the Site any suggestions, enhancement requests, recommendations or other feedback that you provide to KosmosCentral relating to the operation of the Site.
KosmosCentral does not endorse and has no control over any User Submission. KosmosCentral cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Site and all User Submissions provided by you are is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
KosmosCentral has no obligation to monitor the Site or User Submissions. KosmosCentral may remove any User Submission 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 User Submission), or for no reason at all.

5. DISCLAIMER

THE SITE AND ALL MATERIALS ON THE SITE (INCLUDING WITH LIMITATION ANY USER SUBMISSIONS) ARE PROVIDED “AS IS”. KOSMOSCENTRAL MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, KOSMOSCENTRAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

6. LIMITATIONS

In no event shall KosmosCentral or its directors, employees, agents, partners, suppliers be liable under any contract, tort, strict liability, negligence or other legal or equitable theory with respect to the Site or your use thereof for (i) any direct damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) in excess of one-hundred U.S. dollars ($100.00), or (ii) any special, incidental, indirect, consequential or punitive damages of any kind whatsoever, even if KosmosCentral or a KosmosCentral authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

7. REVISIONS AND ERRATA

The materials appearing on KosmosCentral’s web site could include technical, typographical, or photographic errors. KosmosCentral does not warrant that any of the materials on its web site are accurate, complete, or current. KosmosCentral may make changes to the materials contained on its web site at any time without notice. KosmosCentral does not, however, make any commitment to update the materials.

8. LINKS

KosmosCentral has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by KosmosCentral of the site. Use of any such linked web site is at the user’s own risk, and you acknowledge that KosmosCentral shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by on in connection with your use of such linked websites or any content or materials contained therein.

9. INDEMNIFICATION

You shall defend, indemnify, and hold harmless KosmosCentral, 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 use or misuse of, or access to, the Site or otherwise from your User Submissions, (ii) your violation of these Terms, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. KosmosCentral 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 KosmosCentral in asserting any available defenses.

10. SITE TERMS OF USE MODIFICATIONS

KosmosCentral may revise these Terms at any time without notice by posting new terms and conditions to the Site. It is your responsibility to check the Terms of Use periodically for changes. By using the Site you are agreeing to be bound by the then current version of these Terms.

11. TERMINATION

KosmosCentral may terminate your access to all or any part of the Site 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 membership. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. GOVERNING LAW; DISPUTE RESOLUTION

Any claim relating to KosmosCentral’s web site shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions.
A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms 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 KosmosCentral agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Multnomah County, Oregona, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. 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. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the District of Portland, Oregon. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.

13. MISCELLANEOUS

These Terms are the entire agreement between you and KosmosCentral with respect to the use of the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and KosmosCentral with respect to the Site. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms 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. KosmosCentral shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond KosmosCentral’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms are personal to you, and are not assignable, transferable or sub licensable by you except with KosmosCentral’s prior written consent. KosmosCentral 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 these Terms 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 these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.

14. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

As KosmosCentral asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that any material located on or linked to by or through the Site violates your copyright, you may notify KosmosCentral in accordance with the following policy. The address of KosmosCentral’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is KosmosCentral’s policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that content residing on or accessible through the Site infringes a copyright, please send a written notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the owner of the copyright that has been allegedly infringed, or a person authorized to act on such person’s behalf;
2. Identification of the copyrighted works or materials allegedly being infringed;
3. Identification of the content that is claimed to be infringing including information regarding the exact location of the content that the copyright owner seeks to have removed, with sufficient detail so that KosmosCentral is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is the copyright holder is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is KosmosCentral’s policy:
1. to remove or disable access to the infringing content;
2. to notify the content provider, member or user that it has removed or disabled access to the content; and
3. that repeat offenders will have the infringing content removed from the system and that KosmosCentral will terminate such content provider’s, member’s or user’s access to the service.

C. Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the content provider, member or user;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which KosmosCentral is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, KosmosCentral’s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at KosmosCentral’s discretion.

Please contact KosmosCentral’s Designated Agent to Receive Notification of Claimed Infringement below.
Designated Agent to Receive Notification of Claimed Infringement:

KosmosCentral, LLC
ATTN: General Counsel
715 NW Hoyt St. Unit #6063
Portland, Or 97228

CONTACTING US
Questions regarding these Terms, the KOSMOSCENTRAL PRIVACY POLICY (which is hereby incorporated into these Terms by this reference), KOSMOSCENTRAL PRIVACY NOTICE or the information practices of the KosmosCentral Site should be directed to KosmosCentral Privacy by mailing:

KosmosCentral, Inc.
ATTN: Privacy Office
715 NW Hoyt Street
Portland, OR 92772

Beta Programs

BETA DISCLAIMER
THE BETA SOFTWARE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS. BETA PROGRAM TERMS: http://www.kosmoscentral.com/beta-program-terms

Payment Information

You agree to supply appropriate payment for the services received from Kosmos Central, in advance of the time period during which such services are provided. You also agree to have your credit card on file charged for any services and custom work you solicit for Kosmos Central to perform. You cannot cancel payment on customization that has been completed and you agree to provide updated credit card information if your credit card is out of date. You agree that until and unless you notify Kosmos Central of your desire to cancel any recurring services in advance of the service being performed, those services will be billed on your credit card on a recurring basis.

All Service Cancellations require a 48 hours notice. Cancellations must be done in writing via email post to our support center. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. As a client of Kosmos Central, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Kosmos Central provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $25 late fee and/or an account suspension until account balance has been paid in full. Invoices that have been paid more than once with multiple Subscriptions can only be added as credit towards the account and cannot be refunded.  There are no refunds for pre purchased support and maintenance hours, whether used or unused.  If you require assistance with this provision, please contact sales@KosmosCentral.com.

Privacy Policy

Purpose and Scope:

This Privacy Policy applies to www.kosmoscentral.com and www.kosmosesync.com and all related kosmoscentral.com and kosmosesync.com webpages (the “Site”), and also to any Personal Data (defined below) that KosmosCentral may process with respect to its employees or as part of the Services or as otherwise indicated herein. The Site is operated by KosmosCentral, Inc. (“KosmosCentral,” “we,” “our,” “us”) and has been created to provide information about our company, our integration platform-as-a-service and related services (the “Services”) to the subscribers to our Services and visitors to the Site (“you”, “your”). This Privacy Policy sets forth KosmosCentral’s policy for personal information that is collected when you use or visit the Site or use Services, including personal data, which means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (“Personal Data”). This Privacy Policy describes how KosmosCentral collects, uses, shares and secures the Personal Data you provide. It also describes your choices regarding use, access and correction of your personal information.

KosmosCentral complies with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, as described in more detail below.

All individuals whose responsibilities include access to or use of your Personal Data are required to adhere to our Privacy Policy.

Transparency/Notice – Types of Personal Data We Collect and How We Use It

The types of Personal Data we may collect (directly from you or from third-party sources) and our privacy practices depend on the nature of the relationship you have with KosmosCentral and the requirements of applicable law. Some of the ways that KosmosCentral may collect Personal Data include:

  • You may provide Personal Data directly to KosmosCentral through interacting with the Site or Services or requesting information.
  • As you navigate the Site or the Services, certain passive Personal Data may also be collected about your visit, including through cookies and similar technologies as described below.

We will strive to collect only that Personal Data which is relevant for the purposes of operating the Site and the Services. Below are the ways we collect Personal Data and how we use it.

Types of Personal Data We Collect:

KosmosCentral collects information, including Personal Data, from and regarding its current, prospective and former customers, users and visitors (collectively “Individuals”).

  • Personal Data You Provide Directly to Us. When you use the Services or register for a Services account with KosmosCentral, or when interacting with the Site, responding to surveys, requesting information or contracting us directly, we may ask you to provide some or all of the following types of information:
  • Account Creation. We may collect Personal Data from you to create a Services account, such as your name, job title, email address, phone number, username, information and other Personal Data requested at the time which you register for an account with either the Site or the Services.
  • Use of the Site or Services. When you access or otherwise use the Site or the Services, we may collect Personal Data from you.
  • Communications with Us. We may collect Personal Data from you such as email address, phone number or mailing address when you choose to request information about our Services, request to receive customer or technical support, or otherwise communicate with us.
  • Surveys. From time to time, we may contact you to participate in online surveys. If you do decide to participate, you may be asked to provide certain information which may include Personal Data. All Personal Data collected from your participation in our surveys is provided by you voluntarily.
  • Automatic Data Collection. We may collect certain Personal Data automatically through our Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, MAC address, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Site or the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Site and the Services, and other actions taken through use of the Site or Services such as preferences.
  • Personal Data from Other Sources. We may receive Personal Data about you from other sources, including through third-party services and organizations to supplement information provided by you. Information we collect through third-party accounts may include your name, your email, your user name, location, birth date, job title/position in your organization, business address and your profile picture. This supplemental information allows us to verify information that you have provided to KosmosCentral and to enhance our ability to provide you with information about our business, Site and Services, including new services that may be of interest to you.

How KosmosCentral Uses Your Personal Data:

We acquire, hold, use, and share your information, including Personal Data, for a variety of business purposes, including:

Providing Services or Information Requested. KosmosCentral may use information about you to fulfill requests for Services or information, including to:

  • Manage Individual information and Site accounts;
  • Respond to questions, comments, and other requests;
  • Contact you to answer requests for support;
  • Allow you to register for events.

Administrative Purposes. KosmosCentral may use Personal Data about you for its administrative purposes, including to:

  • Measure interest in KosmosCentral’s Services;
  • Develop new Services;
  • Verify Individual identity;
  • Communicate about changes to any KosmosCentral policy;
  • Send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management;
  • Prevent potentially prohibited or illegal activities;
  • Enforce our Terms.

Marketing KosmosCentral Products and Services. KosmosCentral may use your information, including Personal Data to provide you with materials about offers and Services that may be of interest to you. KosmosCentral may provide you with these materials by phone, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:

  • To tailor content, advertisements, and offers;
  • For other purposes disclosed at the time that you provide Personal Data; or
  • Otherwise with your consent.

Anonymous and Aggregated Information Use. KosmosCentral may use Personal Data and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access KosmosCentral’s Site and Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including

  • the measurement of visitors’ interest in and use of various portions or features of the Site or Services;
  • research, internal analysis, analytics, and any other legally permissible purposes;
  • shared with third-parties their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

Research and Development. KosmosCentral may use Personal Data alone or in the aggregate with information obtained from other sources, to

  • help us to optimally deliver our existing Services,
  • better understand and serve the users of the Services,
  • conduct research on customer demographics, interests and behavior; and
  • develop new Services.

This research may be compiled and analyzed alone or on an aggregate basis, and KosmosCentral may share the aggregate data with its current affiliates and vendors for lawful purposes.

Sharing Content with Friends or Colleagues. KosmosCentral’s Site and Services may offer various tools and functionalities that allow you to share content and collaborate with others. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Site or Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request but will not be collected or otherwise used by KosmosCentral or any other third-parties for any other purpose.

Other Uses. KosmosCentral may use Personal Data for which we have a legitimate interest, such as direct marketing, individual or market research, fraud prevention, disclosure to our affiliated organizations and network and information security. We may also use your Personal Data where such use is necessary to provide the Site or Services, to comply with our legal obligations or for any other purpose disclosed to you at the time you provide Personal Data or with your consent.

Third-Party Websites and Social Media Platforms.

The Services may contain links to other websites and other websites may reference or link to our Site Services. These other domains, websites and applications are not controlled by us, and KosmosCentral does not endorse or make any representations about third-party websites, applications or social media platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

KosmosCentral’s Site may include publicly accessible blogs. The Site may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using our Site Services. You should be aware that Personal Data which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Data provided by you may be viewed and used by third parties for any number of purposes.

Human Resources Data

KosmosCentral collects Personal Data from prospective and former employees and contractors both in the United States and wherever we have employees abroad, which in Europe includes the United Kingdom (“Human Resources Data” or “HR Data”). We use HR Data in order to hire, pay and provide salary and benefits to our employees, and retain such information as required by applicable law.

Information We Share

KosmosCentral is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third-parties without further notice to you, as set forth below:

  • Compliance with Laws or Consent. We may share your information as described in this Privacy Policy (e.g., with our third-party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission.
  • We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust Personal Data include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) customer service activities; and (iv) in connection with the provision of the Services. KosmosCentral has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Data except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
  • Business Partners. KosmosCentral may share Personal Data with our business partners for our and their internal business purposes or to provide you with a product or service that you have requested. KosmosCentral may also provide Personal Data to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with KosmosCentral. KosmosCentral requires our business partners to agree in writing to maintain the confidentiality and security of Personal Data they maintain on our behalf and not to use it for any purpose other than the purpose for which KosmosCentral provided them.
  • Displaying to Other Users. The content you post on the Services may be displayed on the Services. Other users of the Services may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.
  • Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personal Data, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal processes, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce KosmosCentral policies or contracts; (v) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vi) if we, in good faith, believe that disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
  • Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, KosmosCentral will endeavor to direct the transferee to use Personal Data in a manner that is consistent with the Privacy Policy in effect at the time such Personal Data was collected.

Supplemental Privacy Provisions for Residents of the EEA and Switzerland

In 2018, the European Union published European Union Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, known as the General Data Protection Regulation (GDPR) requires us as a data controller of the Site and related Services to provide additional and/or different information about our data processing practices to data subjects resident in the European Economic Area (EEA). Switzerland has similar provisions.

Cookies

With respect to web cookies and similar technologies that are not strictly necessary for our provision of the Site and Services, KosmosCentral seeks consent from users of the Service in the EEA based on a separate Cookie Policy.

Legal Basis of Processing

  • Contractual Basis for non-HR Data: The legal basis for KosmosCentral’s processing of your Personal Data in connection with most of the personal information we gather on the Site, and the Services we provide, is the “contractual basis” set forth in Article 6(1)(b) of the GDPR, which allows processing of Personal Data as necessary for the performance of a contract. We are a computer software publisher, providing our Platform-as-a-Service software and related Services. Most of the Personal Data we gather is strictly for pre-sales and sales-based contractual purposes so that we can provide our computer software to our customers, and provide upgrades and support as required. When you access, use or establish an account on the Site, the overwhelming objective is to facilitate a software-related transaction, and we need to process your Personal Data to respond to your requests, provide our software and Services and satisfy our obligations with respect to the other purposes listed in the Privacy Policy above.
  • Contractual and Legal Basis for HR Data: The collection of Personal Data for HR purposes from employees outside of the United States, including those in the United Kingdom, is necessary on various bases or grounds, such as in fulfillment of the employment contract between employee and employer, and there are also legal requirements to preserve employee records.
  • Legitimate Interests for Non-HR Data: When we collect minimal Personal Data from you so that you can establish an account on the Site and we can communicate with you, or enable you to register for events via the Site, or in situations where KosmosCentral needs to process your Personal Data to comply with applicable laws (as a U.S.-based company, KosmosCentral is subject to U.S. laws and must comply with them), or to provide good customer support services, we rely on the “legitimate interests” basis for such Personal Data processing under Art. 6(1)(f) of the GDPR, and with respect to support services, usually a contractual basis as well. In these cases, we will ensure that your privacy and other fundamental interests do not override our legitimate interests.
  • Legitimate Interests for HR Data: The collection of Personal Data for HR purposes from employees in the United Kingdom and generally is also to fulfill legal obligations such as tax and social welfare requirements regarding employees, and is a legitimate interest and also of KosmosCentral, the data controller, and in many instances necessary to comply with a legal obligation.
  • Consent: KosmosCentral relies on your opt-in consent with respect to cookies that are not strictly necessary and for any direct marketing emails or purely promotional use of your Personal Data, per Article 6(1)(a) of the GDPR; we have taken steps to meet obligations under GDPR.

Data Transfers and Privacy Shield

International Data Transfers. All Personal Data collected via or by KosmosCentral may be stored in the European Economic Area, Switzerland, United States or elsewhere, in the cloud, on our servers or the servers of our service providers. Your Personal Data may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to KosmosCentral, you agree to the transfer to and storage of your Personal Data in these locations, subject to the protections set forth below. Where required by law, international transfers of Personal Data will be supported by an adequacy mechanism.

In certain situations, KosmosCentral may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Opt-Out (Right to Restrict Processing):

General:

You have the right to opt-out of certain uses and disclosures of your Personal Data. Where you have consented to KosmosCentral’s use of your Personal Data, you may withdraw that consent at any time and opt-out to further use by contacting privacy@kosmoscentral.com. Even if you opt-out, we may still collect and use non-Personal Data regarding your activities on our Sites.

Direct Mail, Email and Outbound Telemarketing.

Individuals who provide us with Personal Data, or whose Personal Data we obtain from third parties, may receive periodic emails, newsletters, mailings, or phone calls from us with information on KosmosCentral’s or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to you by following the instructions above.

Email and Telephone Communications

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. Note that depending upon the option you select. You may continue to receive transaction-related emails regarding services you have requested. We may also send you certain non-promotional communications regarding KosmosCentral and our Site Services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

We maintain telephone “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law

“Do Not Track”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Rights of Access, Rectification, Erasure and Restriction

Where KosmosCentral is the controller of your Personal Data under applicable laws, you may inquire as to whether KosmosCentral is processing Personal Data about you, request access to Personal Data, and ask that we correct, amend or delete your Personal Data where it is inaccurate. Where otherwise permitted by applicable law, you may send an e-mail to privacy@kosmoscentral.com or use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, or request erasure of Personal Data held about you by KosmosCentral. Please include your full name, email address associated with your account, and a detailed description of your data request. Such requests will be processed in line with local laws.

If you believe that KosmosCentral may be processing your Personal Data, but one of our customers is the Data Controller under applicable laws, please contact the entity that you interact with directly to exercise any of the rights listed above.

Although KosmosCentral makes good faith efforts to provide Individuals with access to their Personal Data, there may be circumstances in which KosmosCentral is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If KosmosCentral determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, KosmosCentral will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Data.

Data Retention

KosmosCentral retains the Personal Data we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Security:

KosmosCentral takes reasonable steps to protect the Personal Data provided via the Site and Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to KosmosCentral via the Internet. If you have any questions about the security of your personal information, you can contact us at privacy@kosmoscentral.com.

We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.

Children:

The Site and Services are not directed to children under 13 (and in certain jurisdictions under the age of 16) years of age, and KosmosCentral does not knowingly collect Personally Identifiable Information from children under 13 (and in certain jurisdictions under the age of 16) years of age. KosmosCentral urges parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission, when online. If you learn that your child has provided us with Personal Data without your consent, you may alert us at privacy@kosmoscentral.com. If we learn that we have collected any Personal Data from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information and terminate the child’s account.

Redress/Compliance and Accountability:

If you have any questions about our privacy practices or this Privacy Policy, you can contact KosmosCentral by email at privacy@kosmoscentral.com or at:

KosmosCentral
715 NW Hoyt St.
Unit #6063
Portland, Or  97228

We will address your concerns and attempt to resolve any privacy issues in a timely manner.

Exclusions:

This Privacy Policy shall not apply to any unsolicited information you provide to KosmosCentral through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and KosmosCentral shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Changes to KosmosCentral’s Privacy Policy:

This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Services.

  • Revision to the Privacy Policy. We may revise this Privacy Policy in our sole discretion, so review it periodically. If you continue to visit this Site and use the services made available to you after such changes have been made, you hereby provide your consent to the changes.
  • Posting of Revised Privacy Policy. If there are any material changes to this Privacy Policy, KosmosCentral will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice as applicable). If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.
  • New Uses of Personal Data. Additionally, before we use Personal Data for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Data is otherwise required by law or contract, KosmosCentral will endeavor to comply with the law or contract.

Cookie Policy

Introduction

This Cookie Policy Statement explains how KosmosCentral uses cookies and other tracking technologies. It explains what these technologies are, the purposes for which they are used, and your rights to control usage of them.

What are cookies?

A cookie is a small software file stored on your computer or mobile device when you visit a website.

Cookies set by the Site owner (KosmosCentral) are referred to as “first party” cookies. Cookies set by parties other than the Site owner (but with the owner’s permission) are called “third party” cookies. These cookies are generally associated with a software vendor that provides services to KosmosCentral. The parties that set third-party cookies can recognize your computer both when it visits the KosmosCentral website and also when it visits certain other websites.

Why do we use cookies?

KosmosCentral uses first and third-party cookies for several reasons. Some cookies are necessary for the operation of the KosmosCentral Site: we refer to these as “essential cookies.” Other cookies enable us to track online behavior of our users, both individually and in aggregate. We use this information to better understand, improve and optimize the website experience for our users.

First-Party Cookies

We utilize session cookies, which allow us to uniquely identify your browser while you are logged in and to process your online transactions. Session cookies disappear from your computer when the web browser is closed or computer is turned off. Session cookies are required for site operation. We also utilize persistent cookies to make it easier to log into and use the Site and Services. Persistent cookies remain on computers after the web browser is closed or the computer is turned off.

Third-Party Cookies

These cookies provide information that is used to the help us understand how our website is being used, to measure the effectiveness of marketing campaigns, and to help customize the website for you.

Information gathered from third-party cookies and from your browser can include:

  • IP address
  • Device identifiers (see below for more information)
  • Web browser information
  • Hardware and software information
  • Page view statistics
  • Browsing history
  • Usage information
  • Location information
  • Time of access

Third-parties retain this data for varying periods of time.

Other Tracking Technologies

Web Beacons/Clear Gifs

Cookies are not the only way to recognize or track visitors to a website. We also use web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Site. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning. We may also embed clear gifs in email messages to track user responses.

This information is processed by us to provide reporting and improvement about the Site.

Device Identifiers

When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a unique device identifier (“UDID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by KosmosCentral. A device identifier may convey information to us about how you browse and use the Site. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Device identifiers are processed by us to provide information about Site usage and improve the operation of the Site.

How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by clicking on the appropriate opt-out links, or you can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies via your browser, you may still use our Site and Services, through your access to some functionality may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences.

To be clear, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on Third-Party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on anonymous, non-Personal Data collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

Analytics Information and Interest-Based Advertising.

Social Media Widgets: Our Website includes social media features such as the Facebook “Like” button and LinkedIn (that might iclude widgets such as the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third-party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.

Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Data. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.

How often will you update this Cookie Statement?

We may update this Privacy Policy and Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.

The date at the top of this Privacy Policy and Cookie Policy indicates when it was last updated.

Where can I get further information?

If you have any questions about our use of cookies or other technologies, please email us at privacy@kosmoscentral.com.

 

Hosting Terms

http://www.kosmoscentral.com/web-hosting/hosting-terms-of-use

Email Policy

http://www.kosmoscentral.com/web-hosting/email-policy

Website Maintenance and Support Terms

http://www.kosmoscentral.com/maintenance-terms

Design and Development Terms

http://www.kosmoscentral.com/website-development-agreement