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.
We collect several types of information from and about users of the Site, including information:
By which you may be personally identified, such as name, postal address, e-mail address, telephone number and any information you submit to us online and any other identifier by which you may be contacted online or offline (“personal information“);
That is about you but individually does not identify you, such as company name, title/position, work e-mail, work telephone/fax number; and/or
About your internet connection, the equipment you use to access the Site, and usage details.
We collect this information:
Directly from you when you provide it to us;
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies;
From third parties, for example, our business partners.
The information we collect on or through Site may include:
Information that you provide by filling in forms on the Site. This includes information provided at the time of registering to use and subscribe to the Site, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Site;
Records and copies of your correspondence (including email addresses), if you contact us;
Your responses to surveys that we might ask you to complete for research purposes;
Details of transactions you carry out through the Site and of the fulfillment of your orders;
Your search queries on the Site.
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:
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:
Details of your visits to the Site, including traffic data, geolocation data (for Internet Service Provider (“ISP”), logs, and other communication data and the resources that you access and use on the Site.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
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:
Estimate our audience size and usage patterns;
Store information about your preferences, allowing us to customize the Site according to your individual interests;
Speed up your searches;
Recognize you when you return to the Site.
The technologies we use for this automatic data collection may include:
Certain features of the Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
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 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.
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.
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.
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 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 firstname.lastname@example.org.
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: email@example.com.). Our phone number is 800-918-3001.
Performance and fulfillment of the Site
To perform customer or technical services related to the Site
Electronic messaging between you and the Company including our contractors, agents or affiliated third-parties.
Interaction with our Website or Mobile App
Advertisements During visits to Our Website or interaction with the Site
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:
Performance and fulfillment of the Site: It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you or it is in our legitimate interest or a third party’s legitimate interest to use personal information in such a way to ensure that we provide the Services in the best way that we can.
To perform customer or technical services related to the Site: It is in our legitimate interest or a third party’s legitimate interest to use your personal information in such a way to ensure that we provide the very best client service we can to you or others.
Electronic messaging between you and the Company including our contractors, agents or affiliated third-parties. It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you or it is in our legitimate interest or a third party’s legitimate interest to use personal information in such a way to ensure that we provide the Services in the best way that we can.
Interaction with our Website or Mobile App. It is in our legitimate interest or a third party’s legitimate interest to use your personal information in such a way to ensure that we provide the very best client service we can to you or others.
Advertisements During visits to Our Website or interaction with the Site: Where your personal information is completely anonymised, we do not require a legal basis to use it as the personal information will no longer constitute personal information that is regulated under data protection laws. However, our collection and use of such anonymised personal information may be subject to other laws where your consent is required. Where your personal information is not in an anonymous form, it is in our legitimate interest to use your personal information for marketing purposes. We will only send you marketing communications via email where you have consented to receive such marketing communications, or where we have a lawful right to do so.
Our subsidiaries and affiliates.
Contractors, service providers, and other third parties that we use to support our business and the provision of the Site.
To a buyer acquiring or in the process of acquiring all or part of Prilock Security Inc. assets.
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.
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.
Where our use of your personal information requires your consent, you can provide such consent:
Through your employer’s acknowledgment of consent to collect its employees’ information such as names, titles, emails and phone numbers in order for our performance of the Site for and on behalf of your company;
At the time we collect your personal information following the instructions provided; order
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:
Improper use or disclosure;
Unauthorised modification; and
Unlawful destruction or accidental loss.
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.
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:
If you ask us, we’ll confirm whether we’re processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
If the personal information we hold about you is inaccurate or incomplete, you’re entitled to have it rectified. If you are entitled to rectification and if we’ve shared your personal information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
You can ask us to delete or remove your personal information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable). If you are entitled to erasure and if we’ve shared your personal information with others, we’ll let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
You can ask us to ‘block’ or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or you object to us. If you are entitled to restriction and if we’ve shared your personal information with others, we’ll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
With effect from 25 May 2018, you have the right, in certain circumstances, to obtain personal information you’ve provided us with (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
You can ask us to stop processing your personal information, and we will do so, if we are:
Relying on our own or someone else’s legitimate interests to process your personal information, except if we can demonstrate compelling legal grounds for the processing; or
processing your personal information for direct marketing.
You have the right not to be subject to a decision when it’s based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.
If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.
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
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.
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:
Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA’s scope, like:
health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.]
In particular, we have collected the following categories of personal information from its consumers within the last twelve (12) months:
|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:
Directly from you. For example, from forms you complete or products and services you use such as our training courses or that may be purchased by your company.
Indirectly from you. For example, from observing your actions on our Website.
From social media marketing.
We may use, or disclose the personal information we collect for one or more of the following purposes:
To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
To provide, support, personalize, and develop our products, and services.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).
To help maintain the safety, security, and integrity of our products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our website, products, and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our website users/consumers is among the assets transferred.
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.
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:
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:
In the preceding twelve (12) months, Company had not sold personal information.
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.
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:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
We do not provide these access and data portability rights for B2B personal information.
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. 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. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
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. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
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. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
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.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Calling us at 800-918-3001
Emailing us at firstname.lastname@example.org
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:
We may use, or disclose the personal information we collect for one or more of the following purposes:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
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.
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.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
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.
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 email@example.com.
By e-mail: firstname.lastname@example.org
By Phone: 800-918-3001
We reserve the right to make changes to this policy. Any changes to this policy will be posted.
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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.
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.
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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.
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.
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.
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").
The term of this Agreement shall begin on the date you order PRILOCK's Security Services functionality by entering into a service order, Quote/Order or other similar purchase order (each, a "Service Order"), and shall continue in full force and effect while any such Service Order remains in effect and/or while PRILOCK continues to provide you any such Services.
During the term of this Agreement you shall: (a) comply with all state and federal laws, rules, regulation and tariffs regarding any specific applications and use of the PRILOCK's Services; (b) not create or activate duplicate accounts; (c) pay all sales or use taxes as billed by PRILOCK; and (d) pay all other local, state or federal taxes arising out of your use of Services (excluding any income taxes) and provide PRILOCK with written proof of payment upon request. If you fail to pay any such taxes, PRILOCK may at its option, pay the applicable taxes, charges and fees, and you will reimburse PRILOCK for those payments.
You shall be billed the fees for PRILOCK's Services based on the payment option set forth in the Service Order or otherwise approved at the time of your initial on-line sign up with PRILOCK. If your credit card is not valid, in the event you are paying by credit card, or if payment is not made for any reason, then you will be considered in default under this Agreement. If any payment due to PRILOCK under this Agreement is not paid when due, then, in addition to any accrued and unpaid fees, you shall pay interest on the past due amount on a daily basis from the due date until the date paid at a rate equal to the lesser of 1.5% per month or the maximum rate allowed by law. You shall also pay PRILOCK all collection expenses incurred by PRILOCK, including costs and reasonable attorneys' fees, whether or not PRILOCK is required to commence formal legal action under this Agreement.
The following terms and conditions shall apply only to the extent you, as part of the Services, subscribe to PRILOCK's Security Services functionality. In such an event, you must comply with the following additional terms and conditions:
Authorization to Perform Security Services scans. You authorize and grant access to PRILOCK to perform the Security Services scans on your computer systems. You are solely responsible for ensuring compliance with any applicable laws and regulations relating to the Security Services functionality.
Scans may be performed by PRILOCK to gather data from any workstation in your organization where a user clicks through a social engineering test. Scans may cause malfunctions or crashes of that computer system. As a result, you acknowledge that these scans pose certain risks to your computer system. YOU HEREBY WAIVE ANY COSTS, DAMAGES, OR EXPENSES ASSOCIATED WITH THESE RISKS AND HOLD PRILOCK HARMLESS WITH RESPECT TO SUCH COSTS, DAMAGES, OR EXPENSES.
Without limiting the foregoing, you agree to the following: (i) possible generation of log messages (causing log file disk space usage); (ii) temporary degradation of the performance of your computer system, routers, and/or firewalls; (iii) temporary hanging or crashing of your computer system; (iv) your sole liability for any and all risks, including the consequences of a system failure, caused by PRILOCK's scans; (v) the triggering of your computer system's alarms during the scans; (vi) the interception of your computer system's Internet traffic during the scans; and (vii) the waiving of any service level agreement rights or remedies during the scans
You further represent that you have all Necessary Consents and Third-Party Consents (as defined in Section 6(d) below) to permit PRILOCK to perform the scans.
Third Party Consents. If the computer system to be tested by PRILOCK is owned by a third party, then you agree, prior to the commencement of such Services by PRILOCK, to do the following:
obtain a signed consent from the third-party owner authorizing PRILOCK's scan of their computer system and their acceptance of the terms and conditions of this Agreement (the "Third Party Consents");
obtain and ensure the third-party owner's compliance with all PRILOCK's requests for information;
immediately inform PRILOCK of any change in ownership of any computer system identified by the IP addresses provided to PRILOCK by you for the scan; and
be solely responsible for communicating any risks, exposures, and vulnerabilities uncovered on the scanned computer systems to the third-party owner and ensure that the third-party owner takes all appropriate actions.
No Responsibility for Repair. Upon completion of a scan, PRILOCK shall have no responsibility to take any actions to repair or correct any security risks, exposures, or vulnerabilities of the IP Addresses provided by you. You shall be solely responsible for taking all appropriate actions to ensure the protection of the device involved.
System Security. You acknowledge and agree that you are solely responsible for the security and confidentiality of any and all hardware and software systems and their elements. Your responsibility for such security shall include, without limitation, the obligation to protect your hardware and software systems from all natural threats, forced entry, viruses, acts of violence, acts of terrorism, and internal sabotage.
Delivery of Services. PRILOCK is only obligated to deliver Services during the terms as outlined in the Service Order.
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.
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.
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.
You shall defend, indemnify and hold harmless PRILOCK and its officers, directors, shareholders, employees, independent contractors, agents, representatives, affiliates, successors and assigns (collectively, the "PRILOCK Indemnified Parties") from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach of any representation, warranty, covenant or agreement in this Agreement or any Service Order by you; (ii) your failure to provide accurate, complete and current personal information requested pursuant to registration, if required; (iii) your access or use of PRILOCK's Services; (iv) you or your designees access or use of PRILOCK.COM Sites under any e-mail address, username or password that may be issued to you; and/or (v) any third party claims brought against PRILOCK or its officers, directors, equity holders, employees, agents, or representatives arising out of (a) scans of the IP Addresses provided by you; (b) PRILOCK's disclosure of the test results to you; (c) any of the risks described in this Agreement as being associated with the Services, and/or (d) your use or disclosure of the test results. Your indemnification obligations shall survive the termination of this Agreement.
Intellectual Property.You acknowledge and agree that all ownership and proprietary rights to PRILOCK's Services and to any inventions, innovations or ideas developed in connection with or relating to its Services (including, without limitation, any software, algorithms, processes and other underlying technology) and the contents thereof and all related intellectual property are and shall remain the sole and exclusive property of PRILOCK. You will not remove or alter any copyright notices appearing on PRILOCK's Web site or in any other copyrighted work of PRILOCK. You shall promptly advise PRILOCK of any possible infringement of which you become aware of concerning any of PRILOCK's trademarks, copyrights, trade secrets, patents or other proprietary rights, or any misuse of the Services.
Amendments. The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only by a writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement.
Neither party shall assign any of its rights, obligations, or responsibilities under this Agreement or any Service Order without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed, provided, however, that PRILOCK party may engage contractors to perform certain obligations to be performed by it without notice or consent, provided that PRILOCK shall be solely responsible for any such obligations performed by such contractors and further provided that either party may assign its rights and obligations under this Agreement without consent to a third party acquiring all or substantially all of such party’s stock or assets. All terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and authorized assignees.
Force Majeure. Neither party shall be liable nor deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations hereunder due to or arising out of any act not within its control, including, without limitation, acts of God, strikes, lockouts or other industrial disputes, war, riots, lightening, fire, storm, flood, explosion, interruption or delay in transportation or power supply, governmental laws, regulations or other restraints, communications systems breakdowns, hardware or software failures, inability to obtain necessary equipment, materials or services in the open market, or any failure of any supplier to supply or any delay of any supplier in supplying any necessary equipment, materials or services. Neither party's rights under this Agreement shall be affected by its failure to meet, nor any delay in meeting, any condition of this Agreement, where such failure or delay is caused by one of the events referred to above, and all times provided for in this Agreement shall be extended for a period commensurate with the periods of delay.
Preparation of Agreement. This Agreement shall not be construed more strongly against any party regardless of who is responsible for its preparation. The parties acknowledge each contributed and is equally responsible for its preparation.
Severability.If any provision of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. If any provision of this Agreement may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning which renders it valid and enforceable.
The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder. Any waiver by any party of any breach of any provision of this Agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any circumstance shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances.
Headings. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of the Agreement and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
Governing Law; Jurisdiction. This Agreement shall be construed under the laws of the State of California, and the parties consent to exclusive jurisdictions and venue in the federal courts sitting in San Diego, California, unless no federal subject matter jurisdiction exists, in which case the parties consent to exclusive jurisdiction in the Southern District of California federal district court in the in San Diego, California. The parties waive all defenses of lack of personal jurisdiction and forum non-conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. In any action to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs and other expenses.
All notices, demands, requests or other communications which may be or are required to be given, served, or sent by any party to any other party pursuant to this Agreement shall be in writing and shall be hand delivered, sent by certified mail, return receipt requested, sent by generally-recognized national "overnight" delivery courier service, sent via facsimile, or sent via email with confirmed answer back. PRILOCK will address any notices or communications to you to the address specified in your Service Order, as you may update such information from time to time. All notices delivered to PRILOCK shall be sent to Prilock Security Inc., 2888 Loker Ave E Suite 312, Carlsbad California 92010. Documents delivered by hand shall be deemed to have been received upon delivery; documents sent by email shall be deemed to have been received when the answer back is received; documents sent by certified mail, courier service or fax shall be deemed to have been received upon their receipt, or at such time as delivery is refused by the addressee upon presentation.
The following Sections of this Agreement shall survive the termination of the Term: Sections 2 (to the extent payments are due after termination) and 5 through 12.
Entire Agreement. This Agreement and each Service Order either created by or signed by Prilock represent the entire understanding and agreement between you and Prilock with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representations (if any) made by and between you and Prilock. Should any Service Order conflict with the terms of this Agreement, the terms of this Agreement will control. 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. Any other agreements of any nature whether oral or written not contained herein are expressly made null and void, unless signed in writing by Prilock.