Prilock.com Privacy Policy and Terms of Use – January 20, 2020

Privacy Statement

Prilock recognizes the importance of informing you how we treat information about you that we may receive from this website: www.prilock.com, www.prilocklms.com, or other sites owned or operated by Prilock Security (herein after the "Site"). This Privacy Policy Statement ("Privacy Statement") covers the Site and all personal information collected through the Site or your use of the Site.

Thank you for visiting Prilock. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted, and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note: The privacy practices set forth in this privacy policy are for websites owned and operated by Prilock Security Inc., If you link to other web sites, please review the privacy policies posted at those sites.

Collection of Information

We collect personally identifiable information of what we call ‘Account Owners” (people that open an account at the Prilock website so that they can run a Phishing Security Test), like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information Account Owners provide is used for two purposes: 1) To fulfill your specific request, and 2) to keep you up to date about cybercrime via our Prilock Newsletter and custom user pages with breaking information on scams and schemes circulating on the Internet. Account Owners upload lists of email addresses of their users to send the Phishing Security Test (PST) to. These lists of email addresses are only used for the PST and nothing else. They are not added to any mailing list, never used for marketing purposes, and can be anonymized after a limited amount of days at your request. In certain situations, in simulated attacks, employees are asked to enter potentially confidential information in landing pages or leave confidential information via the keypad of their phone in the case of vishing. Prilock does not store the actual data people enter on these pages or via the phone, we only track they have entered x-amount of characters in that field. In other words, these fields are never stored in our databases and cannot be retrieved even if we wanted to.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Site, including information:

We collect this information:

Information You Provide to Us

The information we collect on or through Site may include:

What specific information is collected?

For registered users and users/customers, including users of free trials, we collect the following data:

For users who agree to allow their domains to be ‘white-listed’ for USB Campaigns we collect:

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Please contact us for information on how you can opt out of behavioral tracking on the Site and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Site, the Site and to deliver a better and more personalized service, including by enabling us to:

Cookie/Tracking Technology

The technologies we use for this automatic data collection may include:

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

We also use Google Analytics, which is a web analytics service provided by Google, Inc. (“Google”) to collect information relating to your use of the Site. Google Analytics uses cookies to help us analyze how users are interacting with the Website and provide you the most relevant content. For more information on Google Analytics, please visit Google’s website and their various pages describing Google Analytics, such as www.google.com/analytics/learn/privacy.html.

Distribution of Information

We may share information with governmental agencies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit California Privacy Rights Addendum below.

Your European Union GDPR Privacy Rights

If you are a European Union citizen residing in Europe you may be entitled to additional rights as set forth in the General Regulation of the European Parliament and the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR). As such you may be considered a “Data Subject” and we may be deemed a ‘Data Controller’ or ‘Processor’ as such terms are defined in the GDPR. Please visit GDPR Privacy Rights Addendum for an understanding of your additional GDPR rights related to your use of Our Services and our performance of services to you which may result in the processing of your personal information.

Commitment to Data Security

Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and any information deemed sensitive shall be encrypted using SSL technology.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on Our Services.

California Privacy Rights

California Civil Code Section 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Requests can be made once a year and are free of charge. See your rights below in California Privacy Rights.

In the body of your request we ask you to include a valid California address and the website or business to which your request pertains. To make such a request, please send an email to webmaster@prilock.com.

GDPR Privacy Rights Addendum

The provisions below are intended to provide transparency into the data processing activities of Prilock Security Inc. and to identify Data Subjects’ rights as they pertain to our collection, processing, storage, sharing and retention policies in compliance with Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”); and any other similar data protection laws in any other applicable territory, each as amended, replaced, or superseded GDPR. This GDPR Privacy Rights Addendum is intended to supplement our Privacy Policy and the terms should be read in conjunction with each other.

Who we Are and How to Contact Us:

We are Prilock Security Inc., our business address is 2888 Loker Ave E, Carlsbad CA 92010 Suite 312. We have appointed a Data Protection Leader: Victoria Traversi (email: webmaster@prilock.com.). Our phone number is 800-918-3001.

Purpose of Our Processing of Personal Data:

As more fully described in our Privacy Policy, we collect the following information for purposes:

Legal Basis for the Processing of Personal Data:

We process your data in order to fulfill our obligations to you to perform the services and to tell you about additional opportunities and services that we may provide, as such we have a legitimate interest. The following is additional information related to the legal basis for our collection:

Who do we share your data with?

As set forth in our general Privacy Policy, we may share collected personal information with:

Will we share your data outside of the European Union?

Where necessary we will transfer personal information to countries outside of the European Union to Prilock’s United States based servers. When we transfer your information outside of the European Union we will comply with our legal and regulatory obligations in relation to the personal information including but without limitation having a lawful basis for transferring personal information and putting appropriate safeguards in place to ensure an adequate level of protection for the personal information. If transferred, your information will be stored in the United States on our secure servers. We will share your data with third-party companies only in the United States and in your local European Union countries or regions and solely to perform the services that you have requested.

How long will we keep your information?

We will keep your information for as long as necessary to perform the requested services or fulfill the need for your data as required above in the section entitled What is the purpose that we collect your data? After performance of the services we will keep the data pursuant to our data retention policy only for archival purposes.

How do we obtain your consent?

Where our use of your personal information requires your consent, you can provide such consent:

Do we use cookies?

Please see our cookie policy in the Privacy Policy. For more information on third-party advertising-related cookies and how to exercise your choice to opt-out of them, please visit www.aboutads.info/choices and/or www.networkadvertising.org/choices/. Further general information about cookies and how they work is available at www.allaboutcookies.org.

Do we protect your personal information?

Yes. We are committed to keeping the personal information provided to us secure and we will take reasonable precautions to protect personal information from loss, misuse or alteration. We have implemented information security policies and guidelines, rules and technical measures to protect the personal information that we have under our control from:

All of our members, employees, workers and data processors (those that may process your personal information on our behalf, for the purposes listed above), who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of the personal information of all visitors and users of the Site.

How to Access Your Information and Your Other Rights?

You may have the following rights in relation to the personal information we hold about you depending on the applicable data privacy laws in your home country:

Your right of access.

Your right to rectification.

Your right to erasure.

Your right to restrict processing.

Your right to data portability.

Your right to object.

Your rights in relation to automated decision-making and profiling.

Your right to withdraw consent.

Your right to lodge a complaint with the supervisory authority.

If you have a concern about any aspect of our privacy practices, including the way we’ve handled your personal information, you can report it to your local Information Commissioner’s Office (ICO). You can find details about how to do this for example on the ICO website for the UK at https://ico.org.uk/concerns/ or by calling their helpline on 0303 123 1113 or your other applicable local countries’ similar offices

California Privacy Rights Addendum

Effective Date: January 1, 2020

Last Reviewed on: December 31, 2019

This Privacy Notice for California Residents supplements the information contained in Prilock’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information“) from some its requirements.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information“). Personal information does not include:

In particular, we have collected the following categories of personal information from its consumers within the last twelve (12) months:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. NO
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. NO
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

We obtain the categories of personal information listed above from the following categories of sources:

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following purposes:

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category D: Commercial information.

Category F: Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

Sales of Personal Information

In the preceding twelve (12) months, Company had not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

We do not provide these access and data portability rights for B2B personal information.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. 1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

  2. 2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  3. 3. Debug products to identify and repair errors that impair existing intended functionality.

  4. 4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  5. 5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

  6. 6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

  7. 7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  8. 8. Comply with a legal obligation.

  9. 9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for B2B personal information.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, you will need to submit a signed declaration indicating that you are designating an individual as your agent. We may also ask the agent to verify their own identity prior to processing their request.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following purposes:

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We may require that you submit a personal signed declaration if you are requesting access to or deletion of sensitive personal information.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacysupport@prilock.com.

Privacy Contact Information

If you have any questions, concerns, or comments about our privacy policy you may contact us using the information below:

By e-mail: privacysupport@prilock.com

By Phone: 800-918-3001

We reserve the right to make changes to this policy. Any changes to this policy will be posted.

Terms of Use

Prilock.com and all of their subdomains and aliases (the “Web Site” or “Web Sites”), are sites owned and operated by Prilock Security Inc. (referred to herein as “Prilock”, “we”, “us”, “our” and “ours”). The following terms and conditions (the “Terms of Service or Terms of Use”) form a binding agreement between you and us. Unless otherwise indicated, the terms “you”, “your” and “yours” when used in these Terms of Use means any user or visitor of this Web Site.

Agreement

Please read these Terms of Use carefully. Your access to and use of this Web Site and any of the information, materials, data, demos, blogs, products, services and other materials made available on or through this Web Site (collectively, “Materials”) are subject to all applicable laws, rules and regulations and to all of the terms and conditions set forth in these Terms of Use.

By accessing or using this Web Site, you agree to be bound by these Terms of Use. If you are accessing or using this Website on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit this Web Site and cease use of all Materials, as you are not permitted to access or use this Web Site or such Materials.

These Terms of Use may be changed by us, in our sole discretion, from time to time with or without notice to you. Any changes or modifications to these Terms of Use will be effective upon posting on the Web Site. You should always review these Terms of Use prior to your access or use of the Web Site or Materials to ensure that you understand the current Terms of Use that apply to your access or use thereof. Your continued use of the Web Site following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you cannot access these Terms of Use via the Internet, we can provide a copy of the Terms of Use then in effect by e-mail upon request.

YOUR ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND USE OF ANY MATERIALS (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES ANY APPLICABLE LAWS, RULES OR REGULATIONS.

Product & Services Information

All references on this Web Site to information, materials, products and/or services apply to information, materials, products and services available in the countries or jurisdictions specified only with respect to such information, materials, products and/or services only, unless otherwise stated. Nothing in this Web Site constitutes an offer to buy or sell our products or services in any jurisdiction. This Web Site is for information purposes only.

Ownership and Permitted Use of Materials

Unless otherwise indicated and except for materials in the public domain, this Web Site and its design, text, content, files, selection and arrangement of elements, organization, graphics, compilation, translations, digital conversion and other matters related to, and all trademarks, logos, service marks, symbols, trade dress and all Materials provided on or through, this Web Site are protected by all applicable copyright laws, trademark laws and/or international conventions and treaties. All Materials are the exclusive and proprietary property of Prilock and/or its third-party licensors. ALL RIGHTS RESERVED.

The posting, display or other provision of any Materials on this Web Site shall not constitute a waiver of any right or interest of Prilock and/or its third-party licensors in such Materials. Except as expressly provided herein, nothing contained in these Terms of Use or the Web Site shall be construed as conferring by implication, estoppel or otherwise any license, interest or right in or to the Materials under any copyright, trademark or proprietary rights of Prilock or of any third party. Further, except as otherwise provided herein, no Materials (or portions thereof) may be used, copied, reproduced, distributed or redistributed, published or republished, downloaded, modified, displayed, posted, broadcasted, imitated, adapted, translated, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or sold, offered for sale, licensed or sublicensed, reverse engineered, disassembled, decompiled or incorporated into compilations or used in the creation of derivative works, without our express prior written permission or that of the respective third-party owner.

Subject to your compliance with the foregoing, permission is hereby granted to you to the extent necessary for you to lawfully: (a) access this Web Site and/or Materials made available on or through this Web Site; and (b) display, download, archive and print in hard copy portions of this Web Site for your personal, non-commercial and informational use only, provided that, you do not: (a) modify the Materials (or any portion thereof), (b) use the Web Site and/or the Materials in a manner that is fraudulent, libelous, defamatory, tortious, obscene, threatening, abusive, malicious, offensive, hateful, objectionable, constitutes or encourages a criminal offense, violates the rights of another (including, without limitation, any copyright, trademark, patent, trade secret, privacy, moral or publicity rights or other intellectual property or proprietary rights of others), or otherwise violates or conflicts with these Terms of Use or any applicable law; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (d) use the Web Site to interfere, disrupt or attempt to gain unauthorized access to the Materials, other Prilock accounts, any restricted portions of the Web Site or any computer network or equipment; (e) use any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Web Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract any Materials or other data from the Web Site); (f) frame or otherwise simulate the appearance or functions of the Web Site (or any portion thereof); and/or (d) remove or alter any copyright, trademark and other proprietary notices and legends contained in the Materials or on the Web Site (and any printouts thereof). The foregoing permission is for the sole purpose of enabling you to use the Web Site and enjoy the benefit of the Materials as provided on the Web Site, in the manner permitted by these Terms of Use. We may modify the Materials from time to time, and, you are solely responsible for ensuring that you are using current and permitted Materials only. The foregoing permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any and all downloaded, archived or printed copies of the Materials, and, if requested by us, certify to us in writing that you have complied with the foregoing.

Violations

It is the policy of Prilock to provide for the termination, in appropriate circumstances, of Prilock customers and account holders who repeatedly violate these Terms of Use.

Disclaimer of Endorsement

Any references to business or entities, products, processes, or services, or other organizations or individuals that are included on the Web Site by trade name, trademark or otherwise are provided solely for your information. These references are not intended to reflect the opinions of Prilock concerning the significance, priority or importance to be given the referenced business, entity, product, service, organization or individual. Such references, including any that may relate to our Materials, are not endorsements or approvals by Prilock, and should not be quoted or reproduced for the purpose of stating or implying endorsement or approval by Prilock.

Minors

This Web Site is a business and commercial site. As such, it is not intended for children or minors. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to enter into and to abide by and comply with these Terms of Use.

User-Generated Content

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. You may from time to time be permitted to post content on the Web Site, submit e-mails or otherwise provide content to us in connection with your use of the Web Site or Materials (“User-Generated Content”). Any communication or material you post on the Web Site or transmit to us over the Internet is, and will be, treated as non-confidential and non-proprietary and is and will be solely your responsibility. Upon the transmission of any User-Generated Content to us, you expressly and hereby grant us perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable and non-exclusive permission to reproduce, display, publish, modify, distribute, disseminate and/or otherwise use or exploit such content for any lawful purpose, without compensation, notice or obligation to you, subject to our Privacy Policy. We are not required to use or return any User-Generated Content submitted to us. You represent and warrant that you own or otherwise control all rights, including, but not limited to, copyrights, in and to any such User-Generated Content, that all moral rights in and to any such User-Generated Content have been waived, and that the use of such User-Generated Content as permitted hereunder does not and will not infringe or violate the rights of any third party. All derivative works or other developments arising from or based on User-Generated Content, if created by us, shall be our exclusive property.

The posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. Under no circumstances shall we be liable for any such material posted or transmitted by you by or through the Web Site.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all personal data provided to us in connection with your use of this Web Site will be handled in accordance with our Privacy Policy.

Statements on Web Site

The documents contained on (or directly accessible from) this Web Site may contain a number of forward-looking statements. Any statements that are not statements of historical fact (including, without limitation, statements to the effect that Prilock or its management “believes,” “expects,” “anticipates,” “plans” and other similar expressions) should be considered forward-looking statements and should not be relied upon.

There are a number of important factors that could cause Prilock’s actual results to differ materially from those indicated by such forward-looking statements, including general economic conditions, our continued ability to develop and introduce products, the introduction of new products by competitors, pricing practices of competitors, expansion of its sales distribution capability, the cost and availability of components, undetected software errors or bugs, our ability to control costs and other risk factors.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR THE MATERIALS, WHICH ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE, THE MATERIALS AND ANY WEB SITE WITH WHICH THIS WEBSITE IS LINKED. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING, MAINTAINING AND ENSURING THE COMPATIBILITY OF ALL HARDWARE, SOFTWARE AND OTHER COMPUTER REQUIREMENTS NECESSARY FOR YOUR ACCESS TO AND USE OF THE WEBSITE AND THE MATERIALS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER (A) THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT, (B) USE OF THE WEB SITE AND ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THE WEB SITE AND THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME, OR (D) THE WEB SITE AND MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY THIRD-PARTY LICENSOR WILL BE LIABLE WITH RESPECT TO ANY DECISIONS MADE BY YOU OR ANY OTHER PERSON AS A RESULT OF RELIANCE ON THE WEB SITE OR ANY MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Your use of the Web Site and the Materials is at your sole risk. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Web Site or any web site with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Exclusion of Liability

To the fullest extent permitted by applicable law, neither we nor any of our shareholders, officers, directors, representatives, employees, agents, third-party licensors, suppliers, and contractors shall be liable for any losses and/or expenses of whatever nature, howsoever arising and regardless of the legal theory of liability, including, without limitation, any direct, indirect, special, punitive, incidental or consequential damages, loss of or inability to use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages, expenses or losses and even if an exclusive remedy provided for herein fails of its essential purpose, arising out of or in connection with your access or use of, or inability to use, this Web Site or the Materials or any web site with which this Web Site is linked. If you are dissatisfied with the Web Site or any Materials, your sole and exclusive remedy shall be to discontinue use of the Web Site and Materials and terminate these Terms of Use in accordance with its terms. To the maximum extent permitted by law, in no event shall Prilock’s or any third-party licensor’s total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited, to negligence) or otherwise) exceed in the aggregate the amount paid by you, if any, for accessing the Website or Materials.

Indemnity and Release

You agree to defend, indemnify, release and hold us harmless as well as our shareholders, officers, directors, agents, representatives, employees and third-party licensors from any and all claims, liabilities, losses, expenses or demands, including reasonable legal fees, based on, arising from, or otherwise related to (a) your breach or violation of these Terms of Use; (b) your access or use of this Web Site or any of the information, materials, products or services made available on or through this Web Site; (c) any infringement or misappropriation by you of any intellectual property or other rights of Prilock or any third party; or (d) any negligence or willful misconduct by you.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Web Site (or any portion thereof) and/or the information, materials, products and/or services made available on or through this Web Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Web Site.

Termination and Survival

These Terms of Use will remain in effect until terminated by you or us. You may terminate these Terms of Use at any time by ceasing your use and access of the Web Site and Materials and by destroying all materials that you have saved, printed or downloaded from the Web Site. Notwithstanding any of the terms and conditions contained herein, we reserve the right, without notice and in our sole discretion, to terminate your permission to use the Web Site, and to block or prevent future access to and use of the Web Site and Materials. The provisions of these Terms of Use that by their nature and content are intended to survive the expiration or termination of these Terms of Use will survive such termination or expiration.

Entire Understanding

These Terms of Use contain the entire understanding between you and Prilock with respect to this Web Site and your use and access of this Web Site and of any of the information, materials, data, demos, blogs, products, services and other materials made available on or through this Web Site. Any other representations, statements, inducements, understandings, arrangements and agreements, oral or written, between you and Prilock, either prior or contemporaneous, relating thereto, not contained herein, are expressly made null and void, unless signed in writing by Prilock. For the avoidance of doubt, you agree that any terms and conditions provided in any Service Order or other document delivered to Prilock by you in connection with the Services shall in no way supersede the terms and conditions of this Agreement and are hereby declared null and void, unless signed in writing by Prilock. Should there be a conflict between these Terms of Use and any written and signed agreement between Prilock and any customer, the terms of such written and signed agreement shall control. Should any part of these terms for any reason be declared invalid, void or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portions and such remaining portions shall remain and continue in full force and effect to the maximum extent permitted by law. Our failure to enforce any provision of these Terms of Use shall not operate as or be deemed a waiver by Prilock of any other breach of any such provision or any other provision herein or of the right to enforce such provision(s).

Applicable Law & Jurisdiction

While Prilock provides global products and services, our operations are in Carlsbad, California with AWS data centers geographically spread worldwide, and these Terms of Use are based on United States law. Access to, or use of, this Web Site or any information, materials, products and/or services made available on or through this Web Site may be prohibited by law in certain countries or jurisdictions. You are solely responsible for ensuring compliance with any applicable laws of the country from which you are accessing this Web Site. We make no representation that the information contained herein is appropriate or available for use in any location.

You agree that these Terms of Use are made and partially performed in the State of California, and that the state courts located within San Diego County, California and the Southern District of California federal district court in the in San Diego, California, without giving effect to any principles of conflicts of law, shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to your access and use of this Web Site, and that the laws of the State of California shall govern such dispute or claim. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purposes of litigating any such action and waive any defenses of lack of minimum contacts or forum non conveniens. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use may be taking place or originating.

The rights and remedies provided by these Terms of Use are cumulative and the use of any right or remedy by us shall not preclude or waive our rights to use any or all other remedies.

Compliance with EU Protection of Personal Data (Directive 95/46/EC)

Prilock complies with the EU Protection of Personal Data Directive as set forth by the Directive 95/46/EC Article 29 Working Party. Prilock operates a separate instance of its application in an EU datacenter for customers wishing to have their data reside within an EU approved country. Some data sub processors in use by Prilock only offer services within the US. A listing of these sub processors can be provided upon signing a mutual non-disclosure agreement. Any requests from users of the Prilock applications who seek access, or who seek to correct, amend, or delete inaccurate data may do so directly by logging in to the appropriate application or by contacting the Prilock application administrator for their organization.

Contacting Us

If you have any questions regarding these Terms of Use or any other matter, you may contact us in by writing to us at Prilock Security Inc., 2888 Loker Ave E Suite 312, Carlsbad California 92010 or email us at “support@Prilock.com”.

Prilock Security, Inc. “Security Services” Service Agreement

This PRILOCK, Inc. Service Agreement (this "Agreement") is by and between PRILOCK, Inc. ("PRILOCK"), and you. This Agreement sets forth the terms and conditions pursuant to which PRILOCK provides you with Security Services functionality, along with all other services for which you subscribe (collectively, "Services").

TERMINATION.

This Security Services scanning feature is part of your subscription to the full Prilock service plan and will co-terminate with your current subscription and has the same terms and conditions as your current agreement with Prilock.

WARRANTIES.

PRILOCK warrants solely to you that (a) PRILOCK has the right and authority to enter into this Agreement and provide the Services to you as described in this Agreement and each Service Order; and (b) the Services will be performed in a timely, competent and professional manner in accordance with industry standards.

EXCEPT AS SPECIFICALLY SET FORTH IN THIS THIS SECTION 6, PRILOCK'S SERVICES ARE PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE, ACCURACY OR FUNCTIONALITY OF PRILOCK'S SERVICES OR ANY INFORMATION OBTAINED FROM OR PROVIDED BY PRILOCK OR THAT PRILOCK'S SERVICES WILL BE ERROR FREE. PRILOCK DOES NOT GUARANTEE THE QUALITY OR CONDITION OF PRILOCK'S SERVICE AND DOES NOT GUARANTEE THAT PRILOCK'S SERVICES WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME.

LIMITATIONS ON LIABILITY; DISCLAIMERS.

YOU AGREE NOT TO HOLD PRILOCK LIABLE FOR ANY LOSSES RESULTING FROM PRILOCK'S SERVICES NOT BEING AVAILABLE. FURTHERMORE, PRILOCK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR ALERTS PROVIDED BY PRILOCK.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR ANY SERVICE ORDER TO THE CONTRARY, PRILOCK SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS. FURTHER, AND WITHOUT LIMITING THE FOREGOING, PRILOCK SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES THAT RESULT FROM: (I) YOUR BREACH OR VIOLATION OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF PRILOCK.COM Sites; (III) YOUR INABILITY TO ACCESS OR USE PRILOCK.COM Sites FOR ANY REASON; OR (IV) YOUR RELIANCE OR USE OF PRILOCK'S SERVICES, EXCEPT TO THE EXTENT SUCH DAMAGES AROSE AS A DIRECT RESULT OF PRILOCK'S BREACH OF THIS AGREEMENT.

YOU FURTHER AGREE THAT PRILOCK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MONETARY DAMAGES IN EXCESS OF THE LESSER OF: (1) FEES PAID TO PRILOCK BY YOU DURING THE PRECEDING TWELVE (12) MONTHS; OR (2) ACTUAL DIRECT DAMAGES SUFFERED BY YOU. YOU UNDERSTAND AND AGREE THAT TECHNOLOGICAL INNOVATION, CONFIGURATION CHANGES, SOFTWARE UPGRADES, AND ROUTINE MAINTENANCE, AMONG OTHER PROCEDURES NECESSARY TO SERVICE AND UPDATE A COMPUTER SYSTEM, MAY CAUSE OR LEAD TO NEW AND UNIDENTIFIED SECURITY RISKS. PRILOCK'S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT DOES NOT ENSURE PROTECTION FROM ANY OF THESE NEW AND UNIDENTIFIED SECURITY RISKS. FURTHERMORE, COMPUTER HACKERS AND OTHER THIRD PARTIES ACTING IN VIOLATION OF FEDERAL, STATE, AND FOREIGN LAWS INCREASINGLY USE HIGHLY SOPHISTICATED TECHNIQUES AND TOOLS TO DISRUPT OR HARM COMPUTER SYSTEMS, RESULTING IN REGULARLY CHANGING THREATS AND CHALLENGES TO COMPUTER SYSTEMS, FROM WHICH PRILOCK'S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT CANNOT GUARANTEE PROTECTION.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR COMPUTER SYSTEM. PRILOCK'S PERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT SHALL NOT CONSTITUTE A REPRESENTATION OR WARRANTY BY PRILOCK REGARDING THE SECURITY OF YOUR COMPUTER SYSTEM, INCLUDING BUT NOT LIMITED TO, ANY REPRESENTATION OR WARRANTY REGARDING YOUR COMPUTER SYSTEM'S PROTECTION AGAINST INTRUSIONS, VIRUSES, VIRUS THREATS, OR ANY OTHER SECURITY THREATS.



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