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Each Schedule shall have binding legal effect upon execution and delivery thereof by all required parties thereto and each such Schedule shall be deemed to be made in accordance with and pursuant to this Agreement. Each Schedule shall constitute a supplement to this Agreement and shall be deemed to incorporate all of the terms and conditions of this Agreement. The terms and conditions of the Schedule shall control over any conflicting terms and conditions in this Agreement.
To set-up payment terms associated with establishing an or as a potential purchase mechanism, Aberdeen may request Client to provide financial information associated with a bank or credit card. Aberdeen obscures financial information once terms have been established and implements safeguards deed to protect against the unauthorized use or disclosure of such financial information.
Credit Card information provided to facilitate financial transactions is not used, or otherwise retained, by Aberdeen. Payments not received in accordance with the terms of such Schedule will accrue interest at the rate of 1. All shipping and delivery charges hereunder shall be F. The term of each Schedule shall be set forth in the appropriate Schedule. Termination of a Schedule shall not terminate this Agreement, and the parties shall remain free to enter into future Schedule s pursuant to this Agreement and during the term of this Agreement.
In the event this Agreement terminates prior to the completion of X date in Aberdeen ma Schedule, such Schedule shall be subject to the terms and conditions of this Agreement until its completion. Termination: Either party may terminate this Agreement if the other party commits a material breach of any of its covenants, obligations, representations or warranties X date in Aberdeen ma in this Agreement and such breach has not been cured to the reasonable satisfaction of the non-breaching party within thirty 30 days of receipt of written notice from the non-breaching party setting forth the nature of the breach; provided that Aberdeen may, in its sole discretion, terminate this Agreement immediately if Client fails to make any payments under this Agreement by the required due date taking into any agreed-upon grace or cure period to the extent specifically provided with respect to the applicable payment.
This Agreement shall also be deemed terminated automatically and without any action required by either party in the case of dissolution, termination of existence or insolvency of a party, appointment of a receiver, or the voluntary or involuntary commencement of any other proceedings under bankruptcy or insolvency laws with respect to a party. In addition, Aberdeen may terminate this Agreement or any applicable Schedule for any reason or no reason at all with thirty 30 days prior written notice. By accepting thisClient agrees that the Aberdeen Content are the valuable and confidential property of Aberdeen; Aberdeen has devoted substantial time, resources and effort to development of its Aberdeen Content; and Aberdeen would be irreparably harmed if Client uses the Aberdeen Content other than as permitted by this Agreement.
All Client employees having access to the Aberdeen Content shall agree to use the Aberdeen Content only as permitted by this Agreement. Client shall take all reasonable steps to ensure that no unauthorized person shall have access to the Aberdeen Content.
All Client employees having access to the Data shall agree to use the Data only as permitted by this Agreement. Client shall take all reasonable steps to ensure that no unauthorized person shall have access to the Data. Notwithstanding the foregoing, in the event that the Data contains addresses, Client may only continue to use and retain those addresses from the Data to the extent that the Client can demonstrate by its written records that the recipient specifically opted-in to receive additional s from Client. Upon expiration of the Term, e shall provide Licensor with a list all of addresses for which a separate opt-in has been obtained by e.
Client Content. The parties agree to safeguard and protect such information and not to disclose it to third parties without the prior written approval of the other and not use any such information for any purpose outside of the scope of this Agreement. The recipient acknowledges that the information disclosed may constitute proprietary information and trade secrets of the disclosing party.
In the event of wrongful disclosure, monetary damages may be insufficient to protect and compensate the disclosing party and it shall be entitled to injunctive relief. Confidential information does not include information that a is or becomes available to the public without breach of this Agreement, b is lawfully obtained from a source that is not under an obligation of confidentiality to the disclosing party, c is in the possession of the recipient in written or other recorded form at the time of disclosure, d is disclosed on a non-confidential basis to a third party by or with the permission of the disclosing party, or e is independently developed by or on behalf of the recipient by individuals who have not received confidential information.
This Section XI shall survive expiration or termination of this Agreement. Taxes: Client shall be responsible for, and, to the extent applicable, shall reimburse and indemnify Aberdeen for, all federal, state, local, foreign and other taxes, levies, fees, imposts and duties of whatever kind including any interest, penalties or addition to the tax imposed with respect theretoincluding without limitation any and all sales, use, service, value added, charges or assessments imposed with respect to the fees provided for in this Agreement, except for any taxes based solely upon the income of Aberdeen.
Choice of Law : This agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts without regard to conflicts of laws provisions. Force Majeure: Neither party shall be liable for its failure or delay in the performance of its obligations under this Agreement due to strikes, wars, revolution, fire, flood, explosion, earthquakes, government regulations or other causes beyond its reasonable control; and a reasonable extension of the time to perform shall be extended in such circumstances.
Notices: Any notice to be given under this Agreement shall be given in writing and delivered to the address of each party set forth above, or to such other address as either party may deate by written notice to the other. However, Aberdeen will not disclose any other information regarding Client or its business, without the express written consent of Client. Nothing herein or in a Schedule shall preclude a party from making any public disclosures required by law or stock exchange rule to be made by such party, provided that such party shall use its commercially reasonable efforts to consult with the other party prior to the issuance of any press release or other public announcement.
No Asment: This Agreement may not be ased by either party, in whole or in part, without the prior written consent of the other party, except in connection with a merger or acquisition. Any attempted asment absent such consent shall be void. Savings Clause: Should any provision of this Agreement be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions shall remain in full force and effect.
Use of Suppliers; Third Party Beneficiaries. Except as otherwise set forth herein or in a Schedule, Aberdeen acknowledges that it shall be responsible for the acts or omissions of its Suppliers in the performance of their services under this Agreement or any Schedule to the same extent, if any, to which Aberdeen is liable to Client under this Agreement or any Schedule.
Such Suppliers shall be third party beneficiaries of the limitation of liability provisions of this Agreement. Data Security Obligation. If the X date in Aberdeen ma data is to be shared back and forth, each party shall ensure, at its sole expense that its systems are able to receive SPI Data and PII Data from the other party in the mutually agreed encrypted format. For example, if Aberdeen is performing only name and address processing, social security information shall not be transferred to Aberdeen. Each party shall promptly notify the other party of any changes in the status of its authorized users e.
All authorized users must be named users e. Client will notify Aberdeen promptly upon becoming aware of any unauthorized access, disclosure or use of such passwords or of Aberdeen systems. The parties shall work together in order to mitigate, to the extent practicable, and remediate any harmful effect resulting from such unauthorized access, disclosure or use of such passwords or systems. External Data. Examples of External Data include but are not limited to: demographic data, postal data and data furnished to Aberdeen by Client. Issues relating to the quality of External Data must be addressed with the source provider.
In all lists provided by Client to Aberdeen i. Client acknowledges and agrees that Aberdeen may suppress mail addresses, e-mail addresses and telephone s from lists supplied to Aberdeen that contain the names of individuals who have selected not to receive solicitations from Aberdeen. Aberdeen acknowledges and agrees to provide Client with any expressed solicitation preferences received on behalf of the Client through the execution of the Services provided in a manner and timeframe relevant to the Service provided.
Compliance with Laws. Each party bears sole responsibility for its compliance with all applicable laws, regulations, orders and other requirements of all governmental authorities having jurisdiction over such party and its respective assets, properties and operations and for compliance with its own public privacy policies, terms and conditions and similar online documents. Aberdeen collects, processes and shares personal information based on the lawful purpose of the balance of interests under the General Data Protection Regulation.
Aberdeen may process data under this lawful basis. Aberdeen never shares information about individuals who have objected to processing under legitimate interest. This includes but is not limited to: a the appropriate justification for handling, processing and storing data; b the ability to enable data subjects to exercise their right of access to data; c to have in place security measures and to inform Aberdeen of any security breach within 72 hours; d the right to transfer data across international borders, if applicable; and e ensuring that any sub-processors used by Client are similarly compliant with GDPR.
Client will also be required to access the Aberdeen suppression database each month and remove all data subjects who have opted out of the Aberdeen database. Independent Contractor. Neither this Agreement nor any Schedule shall be deemed to constitute a partnership or t venture arrangement between Aberdeen and Client. If a party executes the Agreement by way of E-ature, such party agrees that such E-ature will be deemed a valid ature and forever waives any right to claim that such E-ature is not valid and does not bind such party to the terms of the Agreement.
Entire Agreement: This Agreement and any Schedules executed in connection with this Agreement constitutes the entire understanding between Aberdeen and Client and supersedes all prior oral and written communications as they pertain to this Agreement.
This Agreement may not be altered except by a written agreement ed by authorized representatives of Aberdeen and Client. Aberdeen is a global provider of business data, research, content and demand generation services for use by technology companies and other businesses, principally for sales and marketing. We operate entirely within the business-to-business context and none of our data is used for consumer marketing.
The X date in Aberdeen ma has been in business for over 40 years providing similar services. This privacy notice explains how we collect, share and protect business information.
If you are part of the Aberdeen Technology Data Cloud, it is because you are an executive, manager or other employee of an organization that has been identified as a buyer of technology products, services and solutions. The information we hold about your organization may include its size, address, telephonelocation, industry classification, and installed technology. The Personal Information we store about an individual may include name, job function and title, business address, businessbusiness phone, and social media handles.
No sensitive personal information is collected, stored, or processed. If you have inquired about our services through visiting our website, contacting or been contacted by a company representative and bought or considered buying one of our products or solutions we may hold your contact information at your business, and purchasing or sales activity and engagement details.
Under certain circumstances and depending on applicable law, some of this Other Information may constitute Personal Information. This Policy does not cover the practices of third parties who may provide information about you to us. We may Process your User Information to contact you viatelephone, direct mail, SMS or other methods of communication to provide you with information regarding the Services that may be of interest to you.
We may send information to you regarding the Services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.
You may unsubscribe from our newsletter lists at any time by following the unsubscribe instructions included in every we send. We will not send you any s from a list you have selected to be unsubscribed from, but we may continue to contact you to the extent necessary for the purposes of any other Services you have requested or for additional s you have ed up for.
You may opt out of any telephone marketing by either by filling out an online form on our Data Privacyor by sending an to dataprivacy aberdeen. We may disclose your User Information to other entities within the Company group, for legitimate business purposes including operating the Services, and providing services to youin accordance with applicable law. In addition, we may disclose your User Information to:.
With respect to surveys, in the event that responses are publicly disclosed, users will be notified at the time they take the survey. Where surveys allow users to submit written comments, and where we advises users of the possibility of such disclosure at the time they take the survey, we reserves the right to disclose any information provided by users, provided that no User Information identifying a specific user is disclosed.
If we engage a third-party Processor to Process your User Information, the Processor will be subject to binding contractual obligations to: i only Process the User Information in accordance with our prior written instructions; and ii use measures to protect the confidentiality and security of the User Information; together with any additional requirements under applicable law. The Services contain links to other sites or partners whose information practices may be different from ours.
The Services are not intended for use by minors. We do not sell personal information of minors under 16 years of age without affirmative authorization. If you have any questions or concerns about our privacy policies and practices, you may via dataprivacy aberdeen. All data subjects have the right to access their information and to correct it for accuracy.
You may exercise this right by filling out an online form on our Data Privacyor by sending an to dataprivacy aberdeen. The information we store and transmit through these tools may also be used to facilitate the functionality of our website, to learn about your preferences and your visits to our website, to provide a more relevant online experience, and for other website operation and marketing purposes.
When we send you anwe gather statistics around openings and clicks using industry standard technologies including clear gifs small bits of data on web s to help us monitor, evaluate, and improve our e-mails.
Some advertisers provide you with choices regarding the use of tracking technologies to target advertising; for more information about how you can exercise these choices regarding our online advertising, click this link. In addition, your web browser may have functionality to block or disable cookies; however, your blocking or disabling cookies may prevent your use of various services on our website. Pixel tags allow us to set, read and modify cookies when you visit our website or the websites of our partners and customers.
For details on how to download and install this add-on, please click this link. You may also choose to block cookies in your web browser settings. In order to operate our website and provide services to you, we may provide personally identifiable, aggregate, and other information associated with our website to third parties that provide services on our behalf, including services such as shipping, payment processing, database management, and Internet services.
We do this in the following ways:. Aberdeen conforms to the requirement to ensure that the principles of data minimization which consists of not collecting more personal information than needed for a particular purpose and the principle of purpose limitation collecting personal information for a specific purpose are followed.
Additionally, all relevant employees are trained in the privacy principle of the business. We take every reasonable step to ensure that your User Information is only Processed for the minimum period necessary for the purposes set out in this Policy. The criteria for determining the duration for which we will keep your User Information are as follows: we will retain copies of your User Information in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Policy, unless applicable law requires a longer retention period.
Unless there is a specific legal requirement for us to keep the information, we plan to retain it for no longer than is necessary to fulfill a legitimate business need. If Aberdeen makes material changes to our data privacy practices, this policy will be updated and posted on our website in order to keep you informed of how we X date in Aberdeen ma, use, manage, disclose, and protect information.
The policy effective date will be updated accordingly. For more information regarding this Privacy Notice, please via at dataprivacy aberdeen.X date in Aberdeen ma
email: [email protected] - phone:(682) 618-4321 x 2161
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