Evaluation Licensing and Licensing Agreement
The use of this Website (www.kosmoscentral.com) is governed by the policies, terms, and conditions set forth below. Please read them carefully as your use of this site, your placement of an order, or your submittable of any purchase order to KosmosCentral, LLC indicates acceptance of these terms and conditions.
You agree to be bound by and accept this agreement as applicable to your purchase of product(s) from www.kosmoscentral.com. These terms and conditions are subject to change without prior written notice at any time, in KosmosCentral LLC sole discretion.
IMPORTANT – Read Carefully.
Notice to User:
1. SOFTWARE LICENSE
(a) License Grant. Upon your acceptance of this Software License Agreement, Kosmos grants you a non-exclusive, non-transferable (except as provided below), limited license to install and use a copy of the Software on your compatible computer or web server, up to the Permitted Number of domains licensed. The Permitted Number of domains shall be delineated at such time as you elect to purchase the Software. During the evaluation period hereinafter defined, only a single user may install and use the software licensed for one domain. If you have licensed the Software as part of a suite of Kosmos software products (collectively, the “Suite”) and have not installed each product individually, then the Software License Agreement governs your use of all of the software included in the Suite. Kosmos reserves all other rights in and to the Software. (b) Backup and Archival Copies. You may make backup copies and archival copies of the Software, provided your backup and archival copies are not installed or used on any other website domain unless approved by Kosmos as a development domain or web server and further provided that all such copies shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on or in the Software. You may not transfer the rights to a backup or archival copy. (c) Home Use. If the software has integration components needed for your local computer system. You, as the primary user of the Software, may also install the Software on one of your home computers for your use. (d) Title. Title to the Software is not transferred to you. Ownership of all copies of the Software and of copies made by you is vested in Kosmos, subject to the rights of use granted to you in this Software License Agreement. As between you and Kosmos, documents, files, or style sheets that are authored or created by you via your utilization of the Software, in accordance with its Documentation and the terms of this Software License Agreement, are your property. (e) Reverse Engineering. Except and to the limited extent as may be otherwise specifically provided by applicable law in the United States, you may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, directly or indirectly, or disclose any of the foregoing, except to the extent you may be expressly permitted to decompile under applicable law in the United States, if it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Kosmos to provide the information necessary to achieve such operability and Kosmos has not made such information available. Kosmos has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Kosmos or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software (f) Other Restrictions. You may not loan, rent, lease, sublicense, distribute or otherwise transfer all or any portion of the Software to third parties except to the limited extent set forth in Section 3 or otherwise expressly provided. You may not copy the Software except as expressly set forth above, and any copies that you are permitted to make pursuant to this Software License Agreement must contain the same copyright, patent and other intellectual property markings that appear on or in the Software. You may not modify, adapt or translate the Software. You may not, directly or indirectly, encumber or suffer to exist any lien or security interest on the Software; knowingly take any action that would cause the Software to be placed in the public domain; or use the Software in any computer environment not specified in this Software License Agreement. You will comply with applicable law and Kosmos’s instructions regarding the use of the Software. You agree to notify your employees and agents who may have access to the Software of the restrictions contained in this Software License Agreement and to ensure their compliance with these restrictions. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS KOSMOS FROM ANY 3RD PARTY SUIT TO THE EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE.
2. INTELLECTUAL PROPERTY RIGHTS
Acknowledgment of Kosmos’s Rights. You acknowledge that the Software and any copies that you are authorized by Kosmos to make are the intellectual property of and are owned by Kosmos and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Kosmos and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You acknowledge that Kosmos retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Software, and that Kosmos’s ownership rights extend to any images, photographs, animations, videos, audio, music, text and “applets” incorporated into the Software and all accompanying printed materials. You will take no actions which adversely affect Kosmos’s intellectual property rights in the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners’ names. Trademarks may only be used to identify printed output produced by the Software, and such use of any trademark does not give you any right of ownership in that trademark. Except as expressly stated above, this Software License Agreement does not grant you any intellectual property rights in the Software. Notifications of claimed copyright infringement should be sent to Kosmos’s firstname.lastname@example.org.
3. LIMITED TRANSFER RIGHTS
Notwithstanding the foregoing, you may transfer all your rights to use the Software to another person or legal entity provided that: (a) you sold your domain to another party. (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Software License Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not-for-resale copies of the Software.
4. PRE-RELEASE AND EVALUATION PRODUCT ADDITIONAL TERMS
If the product you have received with this license is pre-commercial release or beta Software (“Pre-release Software”), then this Section applies. In addition, this section applies to all evaluation and/or demonstration copies of Kosmos software (“Evaluation Software”) and continues in effect until you purchase a license. To the extent that any provision in this section is in conflict with any other term or condition in this Software License Agreement, this section shall supersede such other term(s) and condition(s) with respect to the Pre-release and/or Evaluation Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Pre-release Software is a pre-release version, does not represent final product from Kosmos, and may contain bugs, errors and other problems that could cause system or other failures and data loss. CONSEQUENTLY, THE PRE-RELEASE AND/OR EVALUATION SOFTWARE IS PROVIDED TO YOU “AS-IS” WITH NO WARRANTIES FOR USE OR PERFORMANCE, AND KOSMOS DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE AND/OR EVALUATION SOFTWARE, BUT IT MAY BE LIMITED, KOSMOS’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (USD $50) IN TOTAL. If the Evaluation Software has a time-out feature, then the software will cease operation after the conclusion of the designated evaluation period. Upon such expiration date, your license will expire unless otherwise extended. Access to any files created with the Evaluation Software is entirely at your risk. You acknowledge that Kosmos has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that Kosmos has no express or implied obligation to you to announce or introduce the Pre-release Software, and that Kosmos may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Software License Agreement, if requested by Kosmos, you will provide feedback to Kosmos regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, your use of the Software is governed by such agreement. You may not sublicense, lease, loan, rent, distribute or otherwise transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Kosmos of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Kosmos and to abide by the terms of the license agreement for any such later versions of the Pre-release Software.
5. WARRANTY AND LIMITATION OF LIABILITY
(a) No Warranties and Disclaimer. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, VENDOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE HARDWARE, SOFTWARE, DOCUMENTATION AND SERVICES, INCLUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. VENDOR DOES NOT WARRANT THAT THE HARDWARE, SOFTWARE, DOCUMENTATION OR SERVICES WILL MEET BUYER’S NEEDS OR BE FREE FROM ERRORS, OR THAT OPERATIONS WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMER ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED. MOST OF THE CODE INCLUDED IN OUR ONLINE SOFTWARE SOLD ON THIS SITE IS ENCRYPTED. THIS IS DONE TO PROTECT AGAINST FRAUD AND PIRATING AND TO REDUCE OUR OVERHEAD COSTS. PLEASE CONTACT US IF YOU HAVE ANY CONCERNS ABOUT PURCHASING. THERE ARE NO GUARANTEES THE SOFTWARE WILL WORK IF YOU HAVE INSTALLED THE SOFTWARE INCORRECTLY, HAVE NETWORK OR SERVER RELATED CONFIGURATION PROBLEMS, ARE USING THIRD PARTY MODULES NOT DEVELOPED BY KOSMOS OR HAVE CHANGED OR ADDED ANY CODE. KOSMOS SOFTWARE AND MODULES ARE NOT GUARANTEED TO WORK WITH SOFTWARE (ECOMMERCE, SHOPPING CART, CMS, ERP, POS, ACCOUNTING, BLOG, ETC) THAT HAS BEEN MODIFIED FROM ITS DEFAULT INSTALLATION AND SETTINGS. MODIFICATIONS INCLUDE ANY MODULES, DEVELOPMENT, CUSTOMIZATIONS, SETTINGS OR SOFTWARE THAT INTERACTS WITH OR MODIFIES ANY COMPONENT OF THE DEFAULT INSTALLATION OF SOFTWARE. MODIFICATIONS TO SOFTWARE’S DEFAULT INSTALLATION AND SETTINGS (INCLUDING MODULES) WHERE THE MODIFICATIONS COULD RESULT IN KOSMOS SOFTWARE AND MODULES FUNCTIONING IMPROPERLY WILL REQUIRE ADDITIONAL CHARGES TO CUSTOMIZE KOSMOS SOFTWARE AND MODULES TO WORK WITH THE SOFTWARE (ECOMMERCE, SHOPPING CART, CMS, ERP, POS, ACCOUNTING, BLOG, ETC).
(b) Software Version & Components.
Kosmos software, custom rules, coding and modules are valid for 30 days and only for the current version paid for. Upgrades & industry changes needed for the software will only be supported for the latest two stable releases. Kosmos Central does not guarantee that KOSMOS Software, Rules and Modules will work with:
• Other software versions older than two releases
• Software with a different set of add-on modules
• Software with a different skin
• Software that has been further customized or configured
6. TERM AND TERMINATION
All Service Cancellations require a 48 hours notice. This Software License Agreement may be terminated (a) by your giving Kosmos written notice of termination; or (b) by Kosmos, at its option, giving you written notice of termination if you commit a breach of this Software License Agreement and fail to cure such breach within ten (10) days after notice from Kosmos. In addition the Software License Agreement governing your use of a previous version that you have upgraded or updated of the Software is terminated upon your acceptance of the terms and conditions of the Software License Agreement accompanying such upgrade or update. Upon any termination of the Software License Agreement, you must cease all use of the Software that it governs, destroy all copies then in your possession or control and take such other actions as Kosmos may reasonably request to ensure that no copies of the Software remain in your possession or control.
7. RESTRICTED RIGHTS NOTICE AND EXPORT RESTRICTIONS
The Software was developed entirely at private expense and is commercial computer software provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government contractor or subcontractor is subject to the restrictions set forth in this Agreement and as provided in FAR 12.211 and 12.212 (48 C.F.R. §12.211 and 12.212) or DFARS 227. 7202 (48 C.F.R. §227-7202) as applicable. Consistent with the above as applicable, Commercial Computer Software and Commercial Computer Documentation licensed to U.S. government end users only as commercial items and only with those rights as are granted to all other end users under the terms and conditions set forth in this Software License Agreement. You may not use or otherwise export or re-export the Software or Documentation except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software or Documentation may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
8. GENERAL PROVISIONS
This Software License Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof. Any notice or other communication given under this Software License Agreement shall be in writing and shall have been properly given by either of us to the other if sent by certified or registered mail, return receipt requested, or by overnight courier to the address shown on Kosmos’s Web site for Kosmos and the address shown in Kosmos’s records for you, or such other address as the parties may designate by notice given in the manner set forth above. This Software License Agreement will bind and inure to the benefit of the parties and our respective heirs, personal and legal representatives, affiliates, successors and permitted assigns. The failure of either of us at any time to require performance of any provision hereof shall in no manner affect such party’s right at a later time to enforce the same or any other term of this Software License Agreement. This Software License Agreement may be amended only by a document in writing signed by both of us. In the event of a breach or threatened breach of this Software License Agreement by either party, the other shall have all applicable equitable as well as legal remedies. Each party is duly authorized and empowered to enter into and perform this Software License Agreement. If, for any reason, any provision of this Software License Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Software License Agreement, and this Software License Agreement shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly and expressly consent to the foregoing terms and conditions.
9. SOFTWARE SERVICE RESOURCE USAGE
Client understands the Software can be used in a service model and utilizes system resources outside of a shared or dedicated hosting plan. The client has agreed to abide by all system resource usage policies as stated in this agreement and any future notifications.
10. LIMITATION OF LIABILITY; INDEMNIFICATION
Neither Party shall be liable to the other for special, indirect, INCIDENTAL, PUNITIVE, or consequential damages (INCLUDING ANY LOSS OF REVENUE, PROFIT, OR BUSINESS), incurred or suffered by the other arising out of, resulting from, or relating to the performance of the Work, whether in contract, tort, or otherwise, even if the other has been advised of such loss or damages. Client shall defend, indemnify, and hold Developer harmless from and against all liability, claims, demands, losses, damages, costs, or expenses (including, without limitation, reasonable attorneys’ fees and expenses) asserted against or incurred by Developer arising out of, resulting from, or relating to Client’s breach of this Agreement. DEVELOPER’S TOTAL LIABILITY UNDER THIS AGREEMENT REGARDLESS OF CAUSE OR THEORY OF RECOVERY SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CLIENT TO DEVELOPER PURSUANT TO THIS AGREEMENT.
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
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.
Purpose and Scope:
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.
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:
- 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.
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.
Legal Basis of Processing
- 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):
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 email@example.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
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
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.
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 firstname.lastname@example.org.
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.
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 email@example.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:
715 NW Hoyt St.
Portland, Or 97228
We will address your concerns and attempt to resolve any privacy issues in a timely manner.
- 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.
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.
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.
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.
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.
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?
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.
Analytics Information and Interest-Based Advertising.
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?
Where can I get further information?
Website Maintenance and Support Terms
Design and Development Terms