End User License Agreement (EUL) & Privacy Statement (PS)

End User License Agreement (EUL) & Privacy Statement (PS)

EUL. PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS.

THIS AGREEMENT IS BETWEEN YOU AND PAIR MY KEY ("PMK"). ACCESS TO OR USE OF THE SYSTEM SOFTWARE IN THE PAIR MY KEY™ KEY PROCESSING DEVICE ("PMK DEVICE") IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT'S TERMS. BY USING YOUR PMK DEVICE, YOU REPRESENT THAT YOU ARE CAPABLE OF ENTERING INTO A CONTRACT UNDER THE LAWS OF YOUR JURISDICTION AND AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS.

You are accepting this Agreement on your behalf and on behalf of other people who access or use this PMK Device. You are responsible for other people's use of your PMK Device and for their compliance with this Agreement's terms.

PMK reserves the right, from time to time, with or without notice to you, to change the terms of this Agreement. The most current version of this Agreement will supersede all previous versions.

This Agreement applies to any system software, firmware and Internet browser software and other application software included in your PMK Device and any patches, updates, upgrades or new versions of that system software, firmware and Internet browser software and other application software provided to or made available for your PMK Device. All software and firmware described in this paragraph is referred to collectively as "System Software" throughout this Agreement.

1. LICENSE GRANT

Subject to this Agreement's terms, PMK grants you a non-exclusive, non-commercial right to use System Software solely on your PMK Device. Your rights to use previous versions of System Software other than the current version of System Software terminates as soon as you can receive or have the most current version of System Software installed on your PMK Device.

All rights to use System Software are granted by license only, and you are not granted any ownership rights or interests in System Software. PMK retains all intellectual property rights in System Software. All use of or access to System Software is subject to this Agreement's terms and applicable intellectual property laws. Except as this Agreement expressly grants, PMK reserves all rights in System Software.

2. RESTRICTIONS

You may not lease, rent, sublicense, publish, modify, patch, adapt or translate System Software. You may not reverse engineer, decompile or disassemble System Software, create System Software derivative works, or attempt to create System Software source code from its object code. You may not (i) use any unauthorized, illegal, counterfeit or modified hardware or software with System Software; (ii) use tools to bypass, disable or circumvent any PMK Device encryption, security or authentication mechanism; (iii) reinstall earlier versions of the System Software ("downgrading"); (iv) violate any laws, regulations or statutes or rights of PMK in connection with your access to or use of System Software; (v) use any hardware or software to cause System Software to accept or use unauthorized, illegal or pirated software or hardware; (vi) obtain System Software in any manner other than through PMK's authorized distribution methods; or (vii) exploit System Software in any manner other than to use it with your PMK Device according to the accompanying documentation and with authorized software or hardware, including use of System Software to design, develop, update or distribute unauthorized software or hardware for use in connection with your PMK Device.

These restrictions will be construed to apply to the greatest extent permitted by the law in your jurisdiction.

3. SERVICES AND UPDATES

PMK may provide you with certain System Software updates, upgrades or services. Some updates, upgrades or services may be provided automatically without notice to you when you access the internet and others may be available to you through PMK's website or authorized channels. You consent to PMK providing you these automatic updates, upgrades and services. Services may include the latest update or download of a new release of System Software containing security patches, new technology or revised settings and features that may prevent access to unauthorized or pirated content or prevent use of unauthorized hardware or software in connection with your PMK Device. These updates, upgrades and services may have effects on the functionality of your PMK Device, and PMK is not responsible to you for any such effects or any harm caused by the installation process.

4. COLLECTION OF INFORMATION/ AUTHENTICATION

In order to operate PMK's businesses and deliver products and services, PMK may collect and retrieve information about your hardware and software. This information may be used for system monitoring/diagnostics, marketing purposes, tracking user behavior anonymously, authentication, copy protection and other purposes. PMK will also be able to know your device unique ID. All information and data are owned exclusively by PMK. PMK may make any legal use of such information and data, including without limitation, complying with local, state and federal agencies, without notifying you or sharing such with you. By your use of the Device and System Software, you authorize the collection, use and disclosure of this information and data for the purposes provided herein.

5. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

System Software is provided "AS IS" without any express or implied warranties. PMK expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement.

IN NO EVENT IS PMK LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING SYSTEM SOFTWARE. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

6. VIOLATION OF AGREEMENT; TERMINATION OF RIGHTS AND PMK REMEDIES

If PMK determines that you have violated this Agreement's terms, PMK may itself or may procure the taking of any action to protect its interests such as disabling access to or use of some or all System Software, disabling use of this device, denial of any warranty, repair or other services provided for your PMK Device, implementation of automatic or mandatory updates or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as reasonably necessary to prevent the use of modified or unpermitted use of System Software.

PMK reserves the right to bring legal action in the event of a violation of this Agreement. PMK may participate in governmental or private legal action or investigation relating to your use of System Software.

7. GOVERNING LAW AND VENUE

This Agreement is governed by, construed and interpreted in accordance with the laws of the State of Illinois except for its conflict of law rules. 

8. GENERAL LEGAL

You are bound by this Agreement's most current version. PMK may modify this Agreement's terms at any time. Your continued access to or use of System Software will signify your acceptance of the latest version of this Agreement.

If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement are not affected or impaired in any way. You acknowledge that your breach of this Agreement would cause irreparable injury to PMK for which monetary damages would not be an adequate remedy and that PMK is entitled to equitable relief in addition to any other remedies it may have under law.

This Agreement constitutes the entire agreement between you and PMK with respect to System Software and supersedes all prior or contemporaneous understandings regarding its subject matter. No failure to exercise and no delay in exercising any right under this Agreement operates as a waiver of that right. 

 

PS. This Privacy Statement (“Privacy Statement”) explains how PAIR MY KEY (“PMK”) uses personal information (“Personal Information”) and applies to all new users who register on our site. If you do not agree to our practices, please do not register, subscribe, create an account, or otherwise interact with PMK at www.pairmykey.com , and any individual, business partner-specific, merchant-specific, city-specific, or other area-specific sites we offer (collectively, the "Sites").

Please contact us if you have any questions or comments about our privacy practices or this Privacy Statement. You can reach us online at privacy@pairmykey.com. You can reach us via postal mail at the following address:

PAIR MY KEY

Attention: Privacy Office 

1600 Broadway, Suite 1600

Denver, Colorado 80202 USA 

1. TYPES OF PERSONAL INFORMATION WE COLLECT

Personal Information is information that can be used to identify, locate, or contact an individual. It also includes other information that may be associated with Personal Information. We collect the following types of Personal Information:

•Contact Information that allows us to communicate with you, such as your name, postal addresses, email addresses, user account names, telephone numbers, or other addresses at which you receive communications from us or on our behalf.

2. HOW PMK COLLECTS PERSONAL INFORMATION

We ask you for Personal Information (including Contact Information), when you register, subscribe, create an account, or otherwise interact with the Sites or contact us. 

We use cookies and related technologies to collect information about your computer and your interaction with the Site. 

We also collect Personal Information if you contact us via telephone, email, postal mail, or other methods of communication, such as for customer support purposes. 

3. How PMK Uses Personal Information

We use Personal Information to: 

•Operate and improve our Sites;

•Provide customer support;

•Communicate and provide additional information that may be of interest to you;

•Send you reminders, technical notices, updates, security alerts and support and administrative messages service bulletins, or marketing;

•Provide advertisements to you through the Sites, email messages, applications, or other methods of communication; and

•Manage our everyday business needs such as Site administration, forum management, fulfillment, analytics, fraud prevention, enforcement of our corporate reporting obligations, Terms of Use or to comply with the law.

4. WHEN AND WHY PMK DISCLOSES PERSONAL INFORMATION

We will not disclose your Personal Information to third parties except to:

•Affiliated companies (e.g., subsidiaries and other companies owned by or controlled by us) who may only use the Personal Information for the purposes described in Section 3 above.

•Our service providers that provide services for us such as sending emails on our behalf and processing payments. Our service providers are bound by law or contract to protect the Personal Information and are only allowed to use the Personal Information in accordance with the terms of our service agreements with them.

•Effect a merger, acquisition, or otherwise; to support the sale or transfer of business assets; to enforce our rights or protect our property; to protect the rights, property or safety of others, investigate fraud, respond to a government request; or as needed to support auditing, compliance, and corporate governance functions. We may also disclose Personal Information to defend ourselves in litigation or a regulatory action, and when required or advised to do so by law, such as in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate. If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

We may also disclose information about you that is not personally identifiable. For example, we may provide our business partners, or other third parties with reports that contain aggregated and statistical data about our users. 

5. COOKINGS AND RELATED TECHNOLOGIES

When you use our Sites, we collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tools, and web server logs. As you use our Sites and applications, your browser and devices communicate with servers operated by us, our business partners and services providers to coordinate and record the interactivity and fill your requests for services and information. 

The information from cookies and related technology is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to our Sites by your computers or mobile devices. These servers are operated and the cookies managed by us, our business partners or our service providers.

For example, when you visit our Sites, PMK and our service providers may place cookies on your computers or mobile devices. Cookies allow us to recognize you when you return, track and target your interests in order to provide a customized experience. They also help us provide a customized experience and help us to detect certain kinds of fraud. A "cookie" is a small amount of information that a web server sends to your browser that stores information about your account, your preferences, and your use of the Sites. Some cookies contain serial numbers that allow us to connect your Site activity with other information we store about you in your profile or as related to your interactions with the Sites. 

Some cookies are temporary, whereas others may be configured to last longer. “Session" cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. "Persistent" cookies are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser. We use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided (such as your user id if you asked to be remembered), and storing your preferences. 

Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions. When you access these pages or open email messages, the pixel tags and web beacons generate a notice of that action to us, or our service providers. These tools allow us to measure response to our communications and improve our web pages. 

We collect many different types of information from cookies and other technologies. For example, we may collect information from the devices you use to access our Sites, your operating system type or mobile device model, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device. Browsers routinely send these types of information to web servers. Our server logs also record the Internet Protocol (“IP”) addresses of the devices you use to interact with the Sites. An IP address is a unique identifier that devices use to identify and communicate with each other on the Internet. We may also collect information about the website you were visiting before you came to our Site and the website you visit after you leave our Site, if this information is supplied to us by your browser. 

In many cases, the information we collect using cookies and other tools is used in non-identifiable ways, without any reference to Personal Information. For example, we use information we collect about Site users to optimize our Sites and understand its traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with Personal Information. In that case, this Privacy Statement governs how we use that information. 

6. ACCESSING AND CORRECTING PERSONAL INFORMATION

Keeping Personal Information about you current helps ensure that we offer you the best service. You can do several things to help keep Personal Information about you current. You can access, update and delete your Contact Information, and the other information you provided to use in your profile by logging into your account and accessing the “My Account” section of the Site or sending us an email at privacy@pairmykey.com. 

If you want to close your account or have other questions or requests, please contact us. While we are ready to assist you in managing your subscriptions, closing your account, and removing your active profile, we cannot always delete records of past interactions. 

We will retain your information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@pairmykey.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. 

7. SECURITY OF PERSONAL INFORMATION 

We have implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information. 

8. NOTICE TO RESIDENTS OF COUNTRIES OUTSIDE THE UNITED STATES OF AMERICA 

PMK is headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, or service providers elsewhere in the world. By providing us with Personal Information, you consent to this transfer. We will protect the privacy and security of Personal Information according to our Privacy Statement, regardless of where it is processed or stored. 

9. PRIVACY PRACTICES OF THIRD PARTIES 

This Privacy Statement only addresses the use and disclosure of information by PMK through your interaction with the Sites. Other websites that may be accessible through links from our Sites may have their own privacy statements and personal information collection, use, and disclosure practices. Our business partners may have their own privacy statements, too. We encourage you to familiarize yourself with the privacy statements provided by these other parties prior to providing them with information or taking advantage of an offer or promotion. 

10. CHANGES TO THIS PRIVACY STATEMENT 

From time to time, we may update this Privacy Statement to clarify our practices or to reflect new or different privacy practices, such as when we add new features to our Sites. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of notice on the Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information about our privacy practices.