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Privacy Policy

Privacy Policy

Effective date: January 21, 2018

Bandura Cyber, Inc. (”Bandura” or “we”, “our”, or “us”) respects your privacy and we are committed to protecting it through our compliance with this policy.  Bandura operates the https://banduracyber.com/ website (hereinafter referred to as the “Website”).  This policy applies to information we collect through the Website and in electronic messages between you and the Website.  It does not apply to information collected by us offline or through any other means, including on any other website operated by any third party; or any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Website and the choices you have associated with that data.

By using the Website, you agree to the collection and use of information in accordance with this policy.    This policy may change from time to time (see Changes to This Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Definitions

Website

Website is the https://banduracyber.com/ website operated by Bandura.

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Website or from the Website infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small files stored on your device (computer or mobile device).

Data Controller

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.  For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)

Data Subject is any living individual who is using our Website and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Website to you.

Types of Data Collected

Personal Data

While using our Website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information on how the Website is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Website and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Website.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Website.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Bandura uses the collected data for various purposes:

  • To provide and maintain our Website
  • To notify you about changes to our Website
  • To allow you to participate in interactive features of our Website when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Website
  • To monitor the usage of our Website
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Retention of Data

Bandura will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Bandura will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Website, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Bandura Cyber Inc will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transaction

If Bandura is involved in a merger, acquisition or asset sale, your Personal Data may be transferred.

Disclosure for Law Enforcement

Under certain circumstances, Bandura may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Bandura may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Bandura
  • To prevent or investigate possible wrongdoing in connection with the Website
  • To protect the personal safety of users of the Website or the public
  • To protect against legal liability

Purpose

Bandura may disclose your Personal Data fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide the information, or otherwise with your consent.

Security of Data

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

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 our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Website.

Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Bandura aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.  Bandura’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Bandura may process your Personal Data:

  • To perform a contract with you
  • Because you have given us permission to do so
  • Because the processing is in our legitimate interests and it is not overridden by your rights
  • To comply with the law

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Data.

The right of restriction. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where Bandura relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Website (“Service Providers”), provide the Website on our behalf, perform Website-related services or assist us in analyzing how our Website is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.  These uses may include analytics of the use of our Website, and remarketing to advertise to you after you have visited our website.  We and our third-party Service Providers may use cookies for this purpose.

Links to Other Sites

Our Website may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Website does not address anyone under the age of 18 (“Child”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a Child, do not provide any information to the Website.  If you are a parent or guardian and you are aware that your Child has provided us with information, please contact us. If we become aware that we have collected information from any Child without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Website, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

  • By email: kevin@banduracyber.com
  • By visiting this page on our website: https://banduracyber.com/contact-us/

BANDURA CYBER, INC.

TERMS OF SERVICE AGREEMENT 

IMPORTANT: UNLESS OTHERWISE AGREED IN WRITING SIGNED BY BOTH PARTIES, THIS TERMS OF SERVICE AGREEMENT (THE “AGREEMENT”) GOVERNS ALL USE BY YOU AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, “CUSTOMER”) OF THE BANDURA SOFTWARE AND THE BANDURA EQUIPMENT (THE “EQUIPMENT”) INCLUDING ALL SOFTWARE EMBEDDED IN THE EQUIPMENT AND ALL SOFTWARE (THE “SOFTWARE” AND TOGETHER WITH THE EQUIPMENT, THE “SOLUTION”) PROVIDED BY BANDURA CYBER, INC. (“BANDURA”) FOR USE IN CONNECTION WITH THE EQUIPMENT.

BANDURA IS WILLING TO PROVIDE THE SOLUTION TO CUSTOMER ONLY UPON THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. BY REQUESTING AN EVALUATION OF THE SOLUTION, ACCEPTING A QUOTE FOR THE SOLUTION, SUBMITTING AN ORDER FOR THE SOLUTION, OR BY USING ANY PART OF THE SOLUTION, CUSTOMER IS BINDING ITSELF TO ALL TERMS OF THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN BANDURA IS UNWILLING TO LICENSE THE SOFTWARE OR PROVIDE THE EQUIPMENT TO IT AND (A) CUSTOMER MAY NOT USE THE SOFTWARE OR THE EQUIPMENT, AND (B) CUSTOMER MAY RETURN THE EQUIPMENT FOR A FULL REFUND. CUSTOMER’S RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM BANDURA OR AN AUTHORIZED BANDURA RESELLER, AND APPLIES ONLY IF CUSTOMER IS THE ORIGINAL END USER PURCHASER.

The following terms of Agreement govern Customer’s access and use of the Software.

License. Conditioned upon compliance with the terms and conditions of this Agreement, Bandura grants to Customer a nonexclusive and nontransferable license to use the Software and the Documentation for which Customer has paid any and all required license fees, as limited in time or scope by any Solution quotation, evaluation or order documents. “Documentation” means written information contained in user or technical manuals, training materials, and specifications specifically pertaining to the Software and made available by Bandura for use with the Software or the Equipment in any manner (including on CD-ROM, or on-line).

Customer’s license to use the Software shall be limited to, and Customer shall not use the Software except in connection with, the Equipment.

Unless otherwise expressly provided in the Documentation, Customer shall use the Software solely as embedded in the Equipment for Customer’s internal business purposes only.

General Limitations. This is a license, not a transfer of title, to the Software and Documentation. Unless otherwise stated in any other documentation agreed by the parties, title to Equipment shall pass to Customer upon delivery.  Bandura retains ownership of all copies of the Software and Documentation. Customer acknowledges that the Software and Documentation contain trade secrets of Bandura, its suppliers or licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided in this Agreement, Customer shall have no right, and Customer specifically agrees not to

  • transfer, assign or sublicense its license rights to any other person or entity, or use the Software except in connection with the Equipment, and any attempted transfer, assignment, or sublicense shall be void;
  • modify, adapt, alter, or otherwise change the Software or create derivative works based upon the Software, or permit third parties to do the same;
  • reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction;
  • use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Bandura; or
  • disclose, provide, or otherwise make available the Software or trade secrets contained within the Software and/or Documentation in any form to any third party without the prior written consent of Bandura. Customer shall implement reasonable security measures to protect the Software and such trade

Software, Upgrades and Additional Copies. For purposes of this Agreement, “Software” shall include (and the terms and conditions of this Agreement shall apply to) computer programs, including firmware, as provided to Customer by Bandura, or an authorized Bandura reseller, or embedded or installed in the Equipment, and any upgrades, updates, bug fixes or modified versions thereto (collectively, “Upgrades”) or backup copies of the Software licensed or provided to Customer by Bandura or an authorized Bandura reseller.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAS PAID ANY AND ALL APPLICABLE FEE FOR THE UPGRADE OR ADDITIONAL COPIES; (2) USE OF UPGRADES IS LIMITED TO THE EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL END USER PURCHASER OR WHO OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING UPGRADED; AND (3) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.

Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary notices onallcopies,inanyform,oftheSoftwareinthesameformandmannerthatsuchcopyrightandotherproprietary notices are included on the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission ofBandura.

Term and Termination. This Agreement and the license granted herein shall remain effective for such period indicated in the quotation or order documents, provided that any fees therefor are paid by Customer.  Customer’s rights under this Agreement will terminate immediately without notice from Bandura if Customer fails to comply with any provision of this Agreement. Upon termination, Customer shall destroy any and all copies of the Software, Upgrades and Documentation in its possession or control.

All confidentiality and indemnity obligations of Customer, all limitations of liability, all disclaimers and all restrictions of warranty contained in this Agreement shall survive termination of this Agreement.

Export Restrictions. The Equipment, Software and/or Documentation are subject to the export control laws and regulations of the United States, including, but not limited to, the U.S. Export Administration Act of 1979, as amended, and any successor U.S. legislation, and the Export Administration Regulations (“EAR”) administered by the U.S. Bureau of Industry and Security (“BIS”), in particular because the Equipment, Software and/or Documentation incorporate cryptographic functionality. Accordingly, Customer shall not export, reexport, transfer, or otherwise distribute or disseminate the Equipment, Software and/or Documentation without first obtaining any and all necessary licenses or approvals from BIS, including the issuance either to Bandura or Customer of a Commodity Classification and Automated Tracking System (CCATS) determination from BIS in accordance Section 740.17 or Section 742.15 of the EAR, and any other responsible U.S. Government agency. In particular, except as specifically authorized, Customer shall not export, reexport, transfer, or otherwise distribute or disseminate the Product (i) in or to any country then under U.S. embargo, currently Cuba, Iran, Sudan, Syria, and North Korea; (ii) to any entity or individual on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or on the Entity List, Denied Persons List, or Unverified List, each if which is maintained by BIS; or (iii) for any end use prohibited pursuant to Part 744 of the EAR. Furthermore, Customer agrees not to export, reexport, transfer, or otherwise distribute or disseminate the product to any end user in a country other than the countries listed in Supplement No. 3 to Part 740. Customer will defend, indemnify, and hold BANDURA harmless from and against all fines, penalties, liabilities, damages, costs, and expenses incurred by BANDURA as a result of any violation of the U.S. export control laws and regulations.

U.S. Government End User Purchasers. The Software and the Documentation qualify as “commercial items,” as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this Software License Agreement may be incorporated, Customer may provide to Government end user or, if this Agreement is direct, Government end user will acquire, the Software and Documentation with only those rights set forth in this Software License Agreement. Use of either the Software or Documentation or both constitutes agreement by the Government that the Software and Documentation are “commercial computer software” and “commercial computer software documentation,” and constitutes acceptance of the rights and restrictions herein.

 

Warranty, Disclaimer and Limitation of Liabilities

 

BANDURA WARRANTS, DURING THE TERM OF ANY LICENSE OR SUBSCRIPTION FOR THE SOLUTION IN EFFECT PURSUANT TO THIS AGREEMENT, THAT THE SOFTWARE WILL OPERATE IN ACCORDANCE WITH THE DOCUMENTATION IN ALL MATERIAL RESPECTS.  BANDURA’S SOLE OBLIGATION AND CUSTOMER’S SOLE REMEDY FOR ANY BREACH OF THE FOREGOING WARRANTY SHALL BE TO REPAIR THE SOFTWARE OR OTHERWISE MODIFY THE SOLUTION SO THAT THE SOFTWARE OPERATES IN ACCORDANCE WITH THE FOREGOING WARRANTY.  NO WARRANTY IS GIVEN FOR EQUIPMENT, BUT BANDURA WILL PROVIDE REASONABLE COOPERATION TO OBTAIN THE BENEFIT OF ANY EQUIPMENT WARRANTY FROM THE MANUFACTURER.  EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN BANDURA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO ANY SOFTWARE OR EQUIPMENT FURNISHED BY BANDURA.

 

BANDURA SPECIFICALLY DISCLAIMS AND DOES NOT AGREE TO ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTIBILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR OR ANY IMPLIED WARRANTY THAT THE HARDWARE OR SOFTWARE WILL NOT INFRINGE ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS.

 

EXCEPT FOR ANY REMEDY SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL BANDURA OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF A BANDURA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL BANDURA OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, LOST PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHERWISE AND EVEN IF BANDURA OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN NO EVENT SHALL BANDURA’S OR ITS SUPPLIERS’ OR LICENSORS’ LIABILITY TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR OTHERWISE, EXCEED THE PRICE PAID BY CUSTOMER DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY.

 

THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether Customer has accepted the Equipment, the Software or any other product or service delivered by Bandura. Customer acknowledges and agrees that Bandura has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.

Miscellaneous. The Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without reference to or application of choice of law rules or principles.

If any portion hereof is found to be void or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

Except as expressly provided herein, this Agreement constitutes the entire agreement between the parties with respect to the license of the Software and the Documentation and supersedes any conflicting or additional terms contained in any purchase order or elsewhere, all of which terms are excluded.

Any controversy or claim arising under or related to this Agreement shall be settled by arbitration in the State of Maryland, United States of America in accordance with the arbitration rules of the American Arbitration Association before a single arbitrator and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Bandura and Customer shall each select an arbitrator, and those two selected arbitrators will select the single arbitrator to hear the controversy or claim.