Legal

Logicworks adheres to strict privacy guidelines with respect to all individuals who visit this Website, provide personal information to the company via this Website, or contacts us via the avenues on this Website. This statement details Logicworks’ methods of collection, storage, and usage of information.

·“Visitor” or “you” means any individual or entity who visits Logicworks’ Website, whether they are a customer or not.

·“Data Controller” means a party or entity that determines the purposes and means of processing of Personal Information. A company functions as a Data Controller when it decides how such data is to be used and uses it accordingly.

·“Data Processor” means a party or entity that processes Personal Information on behalf of a Data Controller. With respect to Personal Information, processing includes collecting, recording, organizing, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, dissemination or otherwise making available, aligning or combining, blocking, erasing or destroying the information.

·“Personal Information” means any information or set of information that identifies or could be used by or on behalf of Logicworks to identify an individual. Personal Information does not include information that is encoded or anonymized, or publicly available information that has not been combined with nonpublic Personal Information.

Logicworks collects Personal Information from Visitors and Customers via interactive tools and forms located on Logicworks’ Website. Logicworks’ interactive forms and tools include, but are not limited to, LivePerson Chat, Contact Us, and Build A Solution. Logicworks does not collect, store, or use any Personal Information without an individual’s prior consent. Logicworks only collects, stores, and uses Personal Information in accordance with this policy. Personal Information that may be collected by Logicworks includes the following:

Personal Information is not collected from individuals unless they consent to provide such information to Logicworks. However, if a Visitor arrives at Logicworks’ Website via a search engine, referral tool or forum, certain Personal Information may be transmitted to Logicworks by a third party. Logicworks will use and store that information, if any is received, in accordance with this policy.

Logicworks also collects standard information from Visitors using automated tools. These automated tools collect information such as a Visitor’s browser type and language, Internet service provider, Internet protocol (IP) address, access dates and times, Web pages viewed, search information, and other similar statistics. The automated tools used by Logicworks to collect this information include, without limitation, Web beacons, cookies, embedded Web links and other commonly used information-gathering tools.

Logicworks’ Website includes links to external Websites. Among other things, these links may lead you to white papers, reference articles, agency or authority Websites, press releases, customer Websites, and the Websites of Logicworks’ preferred vendors. Logicworks does not transmit any Visitor information to these sites. Logicworks has no control or authority over the privacy policies of any third parties. Visitors should read the privacy policy of any externally linked websites for more information.

The information we collect is used to provide services and products to Customers, process payments, diagnose problems with a Customer’s hosting environment, provide access to secure areas of this Website (i.e., LogicOps), personalize a Visitor’s experience on this Website, configure marketing and outreach programs, compile anonymous statistics for the purpose of improving the Website, track the number of times advertisements and emails are viewed, correspond with potential new customers (subject to their consent), and update services on a periodic basis.

As a managed hosting, networking and security services provider, Logicworks occasionally provides log monitoring services to Customers. These services involve monitoring a Customer’s data to ensure its integrity. This data is located in customer database and storage layers, and it may include Personal Information. Logicworks does not use or have control over this information, and Logicworks only stores logs that relate to its integrity but contain no Personal Information. Logicworks is not responsible for how Customers process or use data within their environments.

Except as otherwise provided in this privacy statement, Personal Information is for internal use and will not be communicated to a third party. Notwithstanding the foregoing, Logicworks may disclose Personal Information under the following circumstances:

If Logicworks otherwise desires to transfer information about you to third parties, you will first receive notice and the information will not be transferred without your prior consent.

Logicworks will answer questions regarding the collection, storage and use of Personal Information that we collect from this Website. You may request that we correct, delete, or restrict the use of your information by contacting Logicworks in writing via email at info@logicworks.net, or via U.S. mail or nationally recognized courier (i.e., FedEx or UPS) at:

Attn: Privacy Department
Logicworks Corporation
155 Avenue of the Americas
Fifth Floor
New York, NY 10013

Logicworks does not knowingly collect information from or about children under 13 years of age.

Logicworks does not collect Personal Information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, views or activities, that concerns health or sex life, information about social security benefits, or information on criminal or administrative proceedings and sanctions other than in the context of pending proceedings.

Logicworks acts only as a Data Processor with respect to Personal Information that is collected, stored or used by its Customers. Logicworks’ sole function is to provide the limited technical support needed to run Customers’ systems on Logicworks’ servers for the benefit of those Customers. In accordance with the provisions of Safe Harbor’s FAQ 10 – Article 17 contracts, Logicworks has entered into a contract with each one of its customers that defines its obligations with respect to Personal Information. Under the terms of each contract, Logicworks is obligated to process the data only in accordance with instructions from each Customer and to provide an appropriate level of security for the data.Thus, Logicworks is not required to apply the safe harbor principles to this information because the Data Controller in the European Union remains responsible for it vis-à-vis each respective individual in accordance with the relevant EU provisions (which may be more stringent than the equivalent Safe Harbor principles).

Since Logicworks is a service provider acting as a Data Processor to its Customers (i.e., by providing network, security and hardware infrastructure), this Privacy Policy does not cover Customer transactions or obligations within their networks. Logicworks does not have the authority to access or use the Personal Information in these systems. Customers are responsible for following all necessary legal, corporate and ethical guidelines within their environments and Logicworks cannot be held responsible for how clients use information received over their networks or transmitted over Logicworks’ network.

Logicworks only collects Personal Information from individuals in the European Union on an at-will basis. For Personal Information that Logicworks collects as a first party from subjects in the European Union, the company adheres to Safe Harbor principles (Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement) as outlined in this Privacy Policy.

Where Logicworks collects Personal Information directly from individuals in the European Union, before collecting the information it will inform them about the purposes for such collection, the types of non–agent third parties to which Logicworks discloses that information, the choices and means, if any, Logicworks offers individuals for limiting the use and disclosure of their Personal Information, and how to contact Logicworks. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information, or as soon thereafter as possible. In no event will Logicworks use or disclose such information for a purpose other than that for which it was originally collected.

Logicworks collects Personal Information from Visitors who opt to provide the information to Logicworks on its Website, meaning that Logicworks does not collect Personal Information without first obtaining the individual’s consent. Logicworks will not proceed to collect data without the express (“opt-in”) consent of the individual.Moreover, Logicworks adheres to this Privacy Policy with respect to all such information.

Logicworks discloses Personal Information externally only as set forth in Section 5 above.Logicworks takes all possible steps to ensure that its agents and partners respect and follow both the Safe Harbor and company privacy policy when handling data from EU individuals. For example, Logicworks may have a contract obligating the agent or partner to provide at least the same level of protection as is required by the relevant Safe Harbor principles. Logicworks is not responsible for agent or partner handling of Personal Information from EU individuals.

Logicworks will answer questions regarding all Personal Information that we have collected. Upon request, Logicworks will grant an individual access to his or her Personal Information, or correct, amend, or delete that information where it is inaccurate, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.

Logicworks takes comprehensive measures to ensure proper handling of EU individuals’ data. These steps include employee training, periodic reviews, assessment and implementation of new (or applicable) technologies and purging of data, encryption, firewalls and restrictions on access. In addition, all personal data is located in data center facilities with enhanced security features. All data is safeguarded to established security standards. Due to the nature of the Internet, however, Logicworks cannot guarantee the security of personal data.

We take reasonable measures to ensure that any Personal Information collected is relevant for the purposes for which it is to be used. Logicworks does not process Personal Information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual. To the extent necessary for those purposes, steps to ensure that data is reliable for its intended use, accurate, complete, and current.

Logicworks reviews and updates this Privacy Policy periodically. We also perform periodic audits to ensure that our processes adhere to this policy. Individuals with complaints or inquiries should contact us via email at info@logicworks.net or at the physical address set forth above in section 5 of this Privacy Policy. If a query or investigation is opened, Logicworks will make all reasonable attempts to resolve the issue within the scope of this Privacy Policy.

Logicworks will cooperate with European Data Protection Authorities, the U.S. Department of Commerce, the U.S. Federal Trade Commission, relevant state or provincial agencies, and law enforcement and judicial authorities in investigating any privacy complaints or suspected violations of privacy laws or Logicworks’ Safe Harbor commitments, as well as in rectifying any noncompliant practices.

Employees or contractors who violate the terms of this Privacy Policy may be subject to disciplinary consequences up to and including termination of employment or termination or non-renewal of contract, in addition to any other legal measures that may be taken by Logicworks, its clients, or the affected individuals and their representatives.

Logicworks is not responsible for how our Customers handle Personal Information. This policy is limited by applicable legal, regulatory, ethical, or public interest consideration, and as expressly permitted or required by any applicable law, rule, or regulation. In addition, Logicworks reserves the right to disclose Personal Information reasonably related to the sale or disposition of all or part of its business.

This Privacy Policy may be amended from time to time. All amendments will be consistent with the Safe Harbor principles. A notice will be posted on Logicworks’ Website regarding any changes. You should check this Website frequently for changes to this Privacy Policy.

Acceptable Use Policy

1. GENERAL

This Acceptable Use Policy sets forth guidelines for the acceptable use of Logicworks’ network. All Subscribers to Logicworks’ services are required to comply with this policy.

2. ILLEGAL USE

The Logicworks network may only be used for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is libelous, defamatory, constitutes an illegal threat, violates export control laws or regulations or encourages conduct that would constitute a criminal offense or give rise to civil liability.

3. SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited. Examples of system or network security violations include, without limitation:
A. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network
B. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network
C. Interference with service provided to any user, host or network including, without limitation, mailbombing, flooding, computer worms or viruses, deliberate attempts to overload a system and broadcast attacks and
D. Forging of any tcp-ip packet header or any part of the header information.

4. ABUSE

The following acts are considered to be abusive of the Logicworks network and are prohibited:
A. Any conduct which violates the accepted norms and expectations of the Internet community at large including, without limitation, posting or distributing information or materials which are abusive or threatening. Logicworks reserves the right determine, in its sole discretion, whether any particular conduct violates such norms and expectations
B. Resale of any Logicworks services or products unless expressly authorized in writing by Logicworks
C. Falsifying Subscriber information in applications, contracts and other materials provided to Logicworks including fraudulent use of credit card numbers or “bill to” numbers
D. Falsifying identity or contact information to circumvent this Acceptable Use Policy or otherwise
E. Forging of message headers or a sender’s identity, or taking any similar action with the intent of bypassing restrictions or limits on access to a specific service or site
F. Creating, forwarding, posting or distributing chain messages of any type (also known as “pyramid” or “ponzi” schemes) and
G. Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document use of Logicworks services.

5. E-MAIL

Logicworks prohibits Subscribers from engaging the following e-mail related activities:
A. Sending unsolicited bulk e-mail (“UBE”, or “SPAM”). This includes but is not limited to the distribution of UBE for commercial, informational, advertising, political, or religious purposes
B. Setting up “mailback” or “drop box” addresses in order to receive responses from UBE, either directly by the Subscriber or by a third party on behalf of the Subscriber and
C. Engaging in any of the foregoing activities by using the service of another provider, but channeling such activities through a Logicworks account, remailer, or otherwise through a Logicworks service or using a Logicworks account as a maildrop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party’s service could reasonably be expected to adversely affect a Logicworks service.
D. Running a mail server with open relay, i.e. which allows the unchallenged forwarding of e-mail. Logicworks reserves the right to implement technical mechanisms which block UBE before it is forwarded or otherwise sent to its intended recipients.

6. COMPROMISED SERVERS OR NETWORK EQUIPMENT

Logicworks prohibits the continued operation of servers that have been compromised by third parties or automated agents.

7. WORLD WIDE WEB

Logicworks prohibits Subscribers from engaging in any of the following web-related activities:
A. Exploiting or attempting to exploit any scripts presented on a web page
B. Utilizing programs, scripts or commands to abuse a web site, e.g. by using bandwidth excessively and
B. Hosting a web page which acts maliciously against users that visit that page.

8. INDIRECT VIOLATIONS

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A SUBSCRIBER OR A SUBSCRIBER’S END USER SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH SUBSCRIBER OR END USER.

9. REPORTING

Subscribers to Logicworks’ services are required to immediately report to Logicworks (i) any event or issue which could compromise the stability, service or security of the Logicworks network and (ii) any known violation of this Acceptable Use Policy.

10. CONSEQUENCES OF NON-COMPLIANCE

Violation of this Acceptable Use Policy is strictly prohibited. In the event of any actual or potential violation, Logicworks reserves the right to (i) suspend or terminate, either temporarily or permanently, any or all services provided by Logicworks to Subscriber, (ii) block and/or filter any abusive activity or (iii) take any other actions as deemed appropriate by Logicworks in its sole discretion. Nothing contained in this policy shall be construed to limit Logicworks’ actions or remedies in any way with respect to any violation of this Acceptable Use Policy. Subscribers who violate this Acceptable Use Policy may incur criminal or civil liability. Logicworks may refer violators to civil or criminal authorities for prosecution and will cooperate fully with applicable government authorities.

11. CHANGES TO POLICY

Logicworks reserves the right to modify this Acceptable Use Policy at any time without notice. A current version of the policy is posted on Logicworks’ web site at www.logicworks.com/legal.

12. COMPLAINTS / QUESTIONS

Complaints or questions regarding this Acceptable Use Policy should be sent to abuse@Logicworks.net.

ESIGN Disclosure

This e-sign disclosure (the “Disclosure”) from Logicworks Systems Corporation (“Logicworks”, “we” or “us,”) applies to all communications between you and Logicworks. The words “you” and “your” means you, the uniquely identifiable individual person or entity who has (a) received correspondence from us requesting the execution of documentation or (b) visited, registered, generated a log-in or otherwise created a trackable profile on any one or more of the web pages operated by Logicworks (collectively, the “Website”). If you are using the Website at any time in any manner as an employee, representative, promoter or agent for any business or entity, then you understand and agree that this Disclosure applies to such business or entity and that you are accepting these terms on behalf of yourself and such business or entity.

You agree that we may provide you with any communications relating to your use of the Website and any service offered by Logicworks in electronic format. You further agree that any signatures communicated electronically are enforceable and binding. Your consent to receive electronic communications and participate in electronic transactions includes, but is not limited to, (a) all legal and regulatory communications, (b) notices, disclosures, authorizations, alerts or other communications around your use of the Website and any service offered by Logicworks, (c) inquiries, invoices, statements or other communications about your account , (d) changes in the terms of your account, the terms of any third-party agreements, or to agreements applicable to all Logicworks customers similarly such as the Terms of Use and Privacy Policy, and (e) any execution of any binding document. You understand and agree that this consent may cover information that we are required by law to provide to you in writing. Communications that we provide to you electronically may be provided in the following forms as determined by Logicworks: (a) via e-mail, (b) by access to a web site that we designate, (c) by requesting you download a PDF file or (d) by displaying information to you on the Website through text, graphic, pop-up window or otherwise.

You may withdraw your consent to receive communications in electronic form but doing so may cause you to lose access to the Website and to the services offered by Logicworks. We will not impose any fee to process the withdrawal of your consent to receive electronic communications. Any withdrawal of your consent to receive electronic communications will be effective only after we have a reasonable period of time to process your withdrawal. To withdraw your consent, you must e-mail lw-legal@logicworks.com and provide an acknowledgement that you are willingly giving up any ability to access the Website and any services offered by Logicworks. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this Disclosure and to maintain and update promptly any changes in this information by notifying Logicworks by e-mail to lw-legal@logicworks.com.

In order to access, view, and retain electronic communications that we make available to you, you will need an internet browser that supports 128 bit encryption; sufficient electronic storage capacity on your computer’s hard drive or other storage unit; an e-mail account with an internet service provider and e-mail software; and a personal computer that meets the following hardware and software requirements: 300 MHz Pentium CPU or better, 128 MB of RAM or better and Adobe Acrobat Reader 7.0 or higher.

You should not expect a paper copy of any communication from us. You can obtain a paper copy of an electronic communication by printing it yourself. All communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records this Disclosure and any other communication that is important to you.

You acknowledge and agree that your consent to electronic communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that such Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. We will provide you with notice of any such termination of or change to this Disclosure as required by law.

No person under the age of 18 may use the Website. Logicworks does not knowingly solicit business or gather information from minors and requests that any minor have their parent or a responsible adult contact us. If you are a minor, please leave this site immediately.

In the event that any of the terms or provisions of this Disclosure shall be held to be unenforceable, the remaining terms and conditions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intent underlying the unenforceable term or provision.

Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or copyrighted work displayed on the Website without the written permission of Logicworks and/or the owner of the mark, logo or icon, as applicable. Any unauthorized use of marks or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.