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END USER LICENSE AGREEMENT

This License Agreement (“Agreement”) is between you and KNOWMAIL S.A.L. Ltd. (“Knowmail,” or “us,” “our,” “we”). It specifies the terms and conditions governing your use of the Site, Software and License (all as defined below) provided hereunder. Please read this Agreement carefully. By clicking the acceptance button at the bottom of this Agreement, or by installing the Software (currently in release candidate phase), you accept, without limitations or qualifications, all of the terms and conditions of this Agreement. Our Privacy Notice, available at https://www.knowmail.me/terms/#privacy, governs our collection, processing and transfer of any Personal Information (as such term is defined in the Privacy Notice). If you do not agree to (or cannot comply with) all of the terms and conditions of this Agreement, you may not install, access or otherwise use the Software. “You” means any adult user of the Software, using the Software on behalf of an entity, individual or yourself, or any company, organization or other entity, on whose behalf the Software is used.

  1. DEFINITIONS

“Documentation” means the version of documentation provided to you (to the extent actually provided) by Knowmail with the Software, together with any Updates thereto that Knowmail may provide you, or otherwise makes available to you, from time to time, in Knowmail’s sole discretion.

“Site” means the following website: https://www.knowmail.me/.

“Software” means the software named “Knowmail for Outlook,” “Knowmail for Cortana” and “Knowmail for Mobile” (as may be amended from time to time), whether provided to you, or otherwise made available to you (including on the Site), by Knowmail or any other person or entity,   and any derivative work thereof, with any associated and/or incorporated materials provided therein or therewith, as the case may be, including, without limitation, the Documentation (printed materials, and “online“ or electronic documentation), software modules, tools, executable files, add-ons, stencils, templates, filters, tutorials, help and other files that comprise or accompany the Software, together with all Updates (as defined below) thereto, to the extent that such Updates have been made available by Knowmail, from time to time, in its sole discretion.

“Support Services” means the technical information and assistance provided by Knowmail pursuant to a Support Arrangement (as defined below), if applicable.

“Support Arrangement” means a separate written arrangement entered into between you and Knowmail pursuant to which you may receive Support Services.

“Update” means any new enhancement, upgrade, or extension to the Software that Knowmail makes generally available, in the normal course of business and in its sole discretion, to all or part of those customers of Knowmail for which Knowmail has resolved to grant licenses similar to the license granted hereunder and under similar terms.

  1. COPYRIGHT

The Software is protected by patent and copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Notwithstanding anything else to the contrary in this Agreement, you hereby acknowledge that the Software and any intellectual property and/or confidential information embedded in or otherwise provided as part of the Software is being licensed under the terms provided herein, and not sold, and no right, except to the limited license provided herein, is granted to you with respect to the Software and/or any of the aforementioned intellectual property and/or confidential information related to the Software.

  1. ACCOUNT REGISTRATION

In order to access and download a demo to the Software on the Site, you will have to register. When creating an account, we may request that you provide us certain information about yourself, such as your name, email address and company or applicable department with respect to which you are using the Software. Knowmail reserves the right to refuse to allow a user to open an account for any reason, all at its sole discretion. Your account will be linked to an email address you provide (“Contact Details”). By providing your Contact Details, you agree to receive notifications from us for the purposes of registration.

You agree to notify Knowmail immediately of any unauthorized use of your Knowmail account or password. You are fully and solely responsible for the security of your computer system and/or mobile phone and/or other device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by law, Knowmail will not be liable for any losses or damage arising from unauthorized use of your account or password and you agree to indemnify and hold Knowmail harmless for any improper or illegal use of your account, including any charges and/or taxes incurred, unless you have notified us via e-mail to support@knowmail.me that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Site and/or Software.

Termination of Account

Knowmail may terminate your account if you violate any of this Agreement. Upon termination of your account for any reason, you shall not have any further access to the Software through your account.

If Knowmail believes, in its sole discretion, that a violation of this Agreement or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of this Agreement or illegal and inappropriate behavior in connection with the Software. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated this Agreement or to have engaged in illegal behavior. Any suspension or termination of your account shall not affect your obligations under this Agreement nor will it affect any other terms herein, which by their sense and context are intended to survive such suspension or termination (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability).

  1. LICENSE GRANT

Subject to your compliance, in full and to the satisfaction of Knowmail, with all of the terms and conditions of this Agreement, Knowmail hereby grants you, during the Term (as defined below) a non-exclusive, non-sublicensable, personal, non-transferable, revocable and limited right and license to install the Software and use the Software solely in accordance with the applicable Documentation and the features embedded within the Software (the “License”). The Software may be utilized only for your personal usage, as provided herein. The License is subject to the payment of the applicable fees in accordance with the payments terms specified herein. You may purchase multiples licenses to install and use the Software through a single user account, subject to the terms of this Agreement and as we may determine from time to time in our sole and absolute discretion. You may use your License on multiple computers or mobile devices. If you are using and/or installing the Software on a device, or with respect to an email account, belonging to or provided by your employer or otherwise in your capacity as an employee of another entity (such users, “Employee Users”), such License shall be subject to the receipt of the express consent of your employer to such use and/or installation. You are solely responsible for ensuring that your use of the Software is in compliance with all laws, rules, and regulations applicable to you. If you are an Employee User, you hereby represent that you are authorized to use and install the Software and acknowledge that should you not have received such authorization from your employer prior to agreeing to this Agreement or installing the Software, will not be entitled to any refund.

You hereby grant Knowmail and its successors a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, copy, modify and alter, for the provision of the Software and License hereunder, any content contained in or in relation to the mailbox and email account or Microsoft “Cortana” account with respect to which you use the Software.

  1. OWNERSHIP OF THE SOFTWARE

The foregoing provisions of Section 3 provide you a License to use the Software. Knowmail and/or its licensors, as the case may be has and shall at all times retain an exclusive ownership of any and all rights, title and interests in and to the Software and/or any intellectual property and/or confidential information embedded in the Software and/or related, directly or indirectly, to the Software and to any other proprietary materials that may be provided to you by Knowmail. You hereby acknowledge and agree that any and all rights, title and interests, including, without limitation, all copyrights, trademarks, trade names, logos and service marks, trade secrets, know-how, patents, designs and algorithms, utility models, and all improvements thereto, and any other intellectual property incorporated in and/or otherwise related to the Software, including but not limited to any images, photographs, animations, video, audio, music, text, and “applets”, and any copies of the Software and any other form of derivative work thereof is and will at all times be owned solely by Knowmail or its licensors, as the case may be All rights not specifically granted to you under this Agreement are hereby explicitly reserved by Knowmail.

  1. RESTRICTIONS

Except for the scope of use permitted in accordance with the terms of this Agreement and the Documentation, copying of the Software and Site or any portion and/or component thereof, including Software that has been modified or incorporated into or with other software, is expressly forbidden. You will not (and will not allow any third party to) (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover, by any means whatsoever, any source code or underlying ideas or algorithms of the Software; (ii) circumvent, disable, or otherwise interfere with security-related features of the Software or features that prevent or restrict use or copying of the Software; (iii) remove any product identification, copyright, reference for patent or other notices; (iv) provide, lease, lend, use for timesharing or service bureau purposes or otherwise use or allow others to use the Software for the benefit of third parties; (v) except as specified in the applicable Documentation, modify, incorporate into or with other software or create a derivative work of any part of the Software; (vi)  use the Software in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in this Agreement; or (vii) use the Software after the termination of this Agreement.

  1. PAYMENT AND FEES

You may use the Software for a free trial period of fourteen (14) days commencing on the day your first installment the Software (“Trial Period”). Following the Trial Period, use of the Software is subject to payment of a fee, as detailed on the Site. All payments shall be made in the method detailed on Site.

In case of a Monthly Subscription, you may terminate your subscription to use the Software at any time, effective as of the subsequent month. In case of an Annual Subscription, you may terminate your subscription to use the Software: (i) at any time during your first month of use, effective as of the second month of the annual subscription term; and (ii) following the first month, at any time, effective as of the subsequent month.

Payment shall be made via a third-party payment processor, as detailed on the Site. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy prior to using the third party payment services.

Knowmail reserves the right, at any time, to alter the foregoing fees and payment terms, including, without limitation, through the offer of various promotions and specials from time to time, as it may determine it is sole and absolute discretion. In the event that the fees or payment terms shall change, Knowmail shall notify you of any such revisions by posting them on the Site.

Where applicable, taxes may also be charged. It is your responsibility to determine whether you are required to pay and/or collect any applicable taxes and/or VAT. Knowmail does not accept any responsibility for the calculation or collection of any applicable taxes.

  1. SUPPORT SERVICES

Knowmail may offer you, in its sole discretion, its Support Services. Such Support Services shall be provided to you in accordance with the terms of the Support Arrangement. Any supplemental software provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information that you provide to Knowmail as part of the Support Services or otherwise, Knowmail may use such information for its business purposes, including for product support and development, and you hereby give Knowmail a non-exclusive, perpetual, royalty free and worldwide license to make any use it desires in connection with such information.

  1. REPRESENTATIONS AND WARRANTIES

By using the Software, you represent and warrant that (a) you are 18 years of age or older have your parent’s or guardian’s permission to enter into this Agreement, or otherwise have the ability to form a binding contract; (b) your use of the Software and License does not and will not violate any applicable law, regulation, or any obligation you may have to a third party; (c) your use of the Software and License shall be in compliance with all applicable laws and regulations; and (d) if you are an Employee User, you have obtained your employers consent to install and use the Software and License.

  1. TERM AND TERMINATION

The term of this Agreement shall commence on the earlier of: the date on which you have accepted this Agreement and/or installed the Software and shall continue to be in force until terminated in accordance with the terms hereof (“Term”). Knowmail reserves the right to terminate this Agreement at any time, and cancel or suspend the License at any time, with or without cause, upon notice by Knowmail to you. Upon such termination, you must immediately cease all use of the Software, Documentation and other information and/or materials provided by Knowmail and delete and destroy all copies of the Software, Documentation and such other information and/or materials (whether or not modified or incorporated with or into other software) and so certify to Knowmail of your compliance with the above, to the following address: https://www.knowmail.me/support/contact-support/. Except for the License granted hereunder, as described in Section 3 of this Agreement, the terms of this Agreement shall survive the termination or expiration thereof.  You acknowledge that termination is not Knowmail’s exclusive remedy, and all other remedies will be available to Knowmail whether or not this Agreement is terminated or expired.

You may terminate your use of the Software at any time and for whatever reason by deleting the Software from your server and providing Knowmail with a written notice of termination. Notwithstanding the foregoing, you shall be liable for any payments or fees incurred pursuant to this Agreement, in accordance with the terms of this Agreement.

  1. THIRD PARTY APPLICATIONS AND SERVICES

Portions of the Software, License and/or Site may involve linking to or using web sites and/or services belonging to third parties. The Site and/or Software may also provide you with links to access the sites of third party vendors including, without limitation, for the purpose of reviewing or using their services. Knowmail has no control over third-party sites and/or mobile applications, and all use of third-party sites and/or mobile applications and services is at your own risk. Additionally, Knowmail cannot accept responsibility for any payments processed or submitted through such third-party sites and/or mobile applications, or for the privacy policies of any such sites. Knowmail is not responsible for content or services available by means of such sites and/or mobile applications. Knowmail does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

  1. DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ALL INFORMATION AND/OR MATERIALS PROVIDED BY KNOWMAIL ARE PROVIDED “AS IS” and “AS AVAILABLE” AND KNOWMAIL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, COMPLETENESS OR PERFORMANCE OF THE SOFTWARE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, INCLUDING NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SOFTWARE INVOVLES THE FILTERING OF YOUR EMAIL MESSAGES AND MAY THEREFORE RESULT IN YOUR FAILURE TO RECEIVE PARTICULAR EMAIL MESSAGES. KNOWMAIL DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM DEFECTS, OR THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. KNOWMAIL IS NOT RESPONSIBLE AND HAS NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY IT OR BY ANY OTHER PERSON. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, INCLUDING AS TO THE ADEQUATE QUALITY AND/OR ACCURACY OF THE SOFTWARE, REMAINS WITH YOU, AND YOU EXPRESSLY ASSUME ALL RESPONSIBILITY FOR ANY DAMAGES, INCLUDING NON-RECEIVED EMAIL MESSAGES, LOST DATA, INCLUDING THE LOSS OF ANY AND ALL EMAILS INCLUDED IN YOUR EMAIL INBOX AND ANY OTHER DATA IN RELATION TO THE EMAIL ACCOUNT OR THIRD PARTY SERVICE IN RESPECT OF WHICH YOU USE THE SOFTWARE, LOST PROFITS AND OTHER DIRECT AND INDIRECT DAMAGES, THAT MAY RESULT IN ANY WAY OUT OF THIS AGREEMENT AND/OR THE USE OF THE SOFTWARE AND/OR LICENSE. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, YOU HEREBY ACKNOWLEDGE THAT KNOWMAIL DOES NOT WARRANT OR GUARANTY THE SECURITY OF THE SOFTWARE OR OF COMMUNICATIONS MADE USING THE SOFTWARE, AND YOU ASSUME ALL RISKS ASSOCIATED WITH THE SAME. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE MAY, IN ORDER TO PERFORM ITS FUNCTION, MODIFY THE CONFIGURATION OF THE COMPUTER SOFTWARE AND DEVICES INSTALLED ON YOUR COMPUTER, MOBILE DEVICE OR SERVER.

  1. LIMITATION OF LIABILITY

Knowmail assumes no responsibility for any error, omission, interruption, loss of data, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Software and/or Site (including software related thereto). Knowmail is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Software and/or Site or combination thereof, including any loss of data, injury or damage to you or to any person’s computer and/or mobile device related to or resulting from the Software or Site or the use thereof. Under no circumstances shall Knowmail be responsible for any loss or damage, including personal injury or death, resulting from use of the Software or the Site.

IN NO EVENT SHALL KNOWMAIL OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE AND/OR SITE, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SOFTWARE AND/OR SITE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL KNOWMAIL’S MAXIMUM CUMULATIVE LIABILITY TO YOU UNDER ANY CAUSE(S) OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT YOU HAVE PAID KNOWMAIL IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM OR SERIES OF CLAIMS.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Knowmail and each of its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of this Agreement by you or anyone using your computer, mobile device or password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use, attempted use or misuse of the Platform or the Services; (c) your violation of any law, regulation or any of your obligations, representations or warranties hereunder; (d) any other matter for which you are responsible hereunder or under applicable law; (e) your infringement of a third party’s right.

  1. CONFIDENTIALITY

Except as expressly allowed in this Agreement, you will not disclose information and/or materials disclosed to you by Knowmail, including any technology, idea, algorithm or information related to the Software. This obligation of confidentiality shall extend for a period of three (3) years after termination or expiration of this Agreement. However, you may disclose the existence of this Agreement and that you are an existing customer of Knowmail. You further agree to treat as confidential and not to disclose to any third party any information related to an alleged defect, bug or malfunction of the Software or the related technology associated with the Software. You acknowledge that unauthorized disclosure or use of such information will diminish the value of the proprietary interests that are the subject of this Agreement and might cause irreparable harm to Knowmail. If you breach any of your obligations hereunder, in addition to any other right or remedy that it may be available to it, Knowmail will have the right to seek and obtain an immediate injunctive relief to enforce obligations under this Section without the necessity of proving actual damages and without the necessity of posting bond or making any undertaking in connection therewith.

  1. CONTACT KNOWMAIL

If you would like to contact Knowmail regarding any matter covered under this Agreement, please contact Knowmail at support@knowmail.me.

  1. CHANGES

Knowmail may amend this Agreement or any portion thereof in its sole discretion, and you will have reasonable notice thereof, including, without limitation by posting an amended version of this Agreement on its website, in such case, Knowmail shall indicate the date in which this Agreement was last modified, and you shall have the sole responsibility to review such amended version of Agreement. The amended terms and conditions of the Agreement shall bind you as of their effective date or their publication, the later thereof.

  1. MISCELLANEOUS

You may not assign or transfer the license granted hereunder or any other right or obligation you may have under this Agreement without the prior written consent of Knowmail. Any attempt to do so in violation of the foregoing shall be void. Knowmail may assign this Agreement to any third party. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein. No failure to exercise, and no delay in exercising, on the part of Knowmail, any privilege, any power or any right hereunder will operate as a waiver thereof or constitute the basis for any form of estoppels. Except as provided below, any waivers or amendments to this Agreement shall be effective only if made in writing signed by a representative of Knowmail that is authorized to bind Knowmail.  This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of, the State of Israel, without regard to conflicts of law’s provisions thereof and without giving effect to the United Nations Convention on Contracts for the International Sale of Goods. You hereby agree to the exclusive jurisdiction of the courts located in Tel-Aviv-Jaffa, Israel, for all disputes relating to or arising out of this Agreement, including issues relating to the Software. Unless provided otherwise by a different agreement between the parties, you and Knowmail agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement, the supply of the Software and use thereof in particular. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material part of, and by your acceptance are also deemed as bargained in respect of, this Agreement and that You and KNOWMAIL have taken them into account in determining the benefits of, and other reasons to enter into, this Agreement. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Knowmail or enables you to act on behalf of Knowmail. If Knowmail is required to provide notice to you hereunder, Knowmail may provide such notice to the contact details you provided upon registration.

Last update: March 2018

 

We at KNOWMAIL S.A.L. LTD (“Knowmail“, “us“, “we“, or “our“) recognize and respect the importance of maintaining the privacy of our customers and, as a result, we have established this Privacy Notice. If not otherwise defined herein, capitalized terms have the meaning given to them in the End User License Agreement, which is available at https://www.knowmail.me/terms/#eula (the “EULA“). This Privacy Notice describes the types of information we collect from you when you visit our Site and/or use our Software. This Privacy Notice also explains how we may process, transfer, store and disclose the information collected, as well as your ability to control certain uses of the collected information.

Knowmail S.A.L. LTD is the data controller in respect of the processing activities outlined in this Privacy Notice. Our registered office is 7 HaTnufa, Petah Tikva, Israel 4951025 and our registration number 515028868.

If you log in through Microsoft “Cortana”, Microsoft may also be a controller in respect of processing your Personal Information.

Privacy Notice Key Points

The key points listed below are presented in further detail throughout this Privacy Notice. These key points do not substitute the full Privacy Notice.

  • Personal Information We Collect. When you visit our Site and/or install and/or use our Software, we collect Personal Information (as defined below) provided by you, such as your name and email address. We also (automatically) collect information about your use of the Software. If you contact us for questions or complaints, we will collect the information related to your inquiry.
  • Basis for Processing Your Personal Information. Processing your Personal Information is necessary for the performance of the EULA and the provision of the Software to you. Processing for the purposes of developing and enhancing our products and services, for analytics and usage analysis, for fraud prevention and security and for our recordkeeping and protection of our legal rights – are all necessary for the purposes of legitimate interests that we pursue
  • Using the Information We Collect. We use the information (including Personal Information) we collect mainly to administer and provide the Software, contact you with administrative information, and improve the Software.
  • Sharing the Personal Information We Collect. We may share the Personal Information we collect with our service providers and subcontractors who assist us in the internal operation of the Software and process the Personal Information on our behalf and under our instructions.
  • International Transfer. We may use service providers and/or subcontractors located in countries other than your own, and send them your Personal Information. We will ensure to have agreements in place with such subcontractors and service providers ensuring the same level of privacy and data protection as set forth in this Privacy Notice. You hereby consent to such international transfer.
  • Your Rights. Subject to applicable law and additional rights as set forth below, you may have a right to access, update or delete your Personal Information and obtain a copy of the Personal Information we have collected about you.
  • We retain information for as long as necessary for the purposes set forth in this Privacy Notice.
  • We implement measures to reduce the risks of damage and unauthorized access or use of Personal Information, but they do not provide absolute information security.
  • Use of Cookies and Similar Technologies. Third parties through which we provide the Software and Site may use cookies and similar technologies. You can adjust your settings to determine which cookies you do or do not allow. Changing your settings and/or deleting existing cookies may affect use of certain features of the Site.
  • Changes to the Privacy Notice. We may change this Privacy Notice from time and shall notify you of such changes.

Personal Information We Collect    

We collect information from you when you choose to visit our Site and/or install or use our Software. In order to use our Software, you will be required to provide us with certain Personal Information (as defined below). We also collect Personal Information when you request information from us, sign up for newsletters or our email lists, complete online forms, or contact us for any other reason. In addition, we may receive Personal Information about you as provided by the email provider or other third-party with respect to which you use the Software. Please check such third party’s policies in order to understand what information we receive.

It is your voluntary decision whether to provide us with any Personal Information, but if you refuse to provide such information we may not be able to provide you with the Site and/or Software.

Personal Information” means any information that refers, is related to, or is associated with an identified or identifiable individual or as otherwise may be defined by applicable law. Examples of the Personal Information that we collect from you may include your name, email address, information contained in your mailbox and email messages, information contained in the profile, calendar and contacts associated with your email account, which shall be encrypted, as well as other information with respect to your use of and activity on the email account in respect of which you are using the Software. Such Personal Information may be collected by us through the Software.

In addition, when you use the Site and/or Software, certain information may be automatically gathered about your email platform and computer or mobile device, such as browser name, the type of computer and technical information about your means of connecting to our Site and/or Software, such as the operating system operating system, IP address and the Internet service providers utilized and other similar information.

Using the Information We Collect

General

We and any of our trusted third-party subcontractors and service providers may use the Personal Information we collect from and about you for any of the following purposes: (1) to provide you with the Site and/or Software; (2) to respond to your inquiries or requests, contact and communicate with you and provide customer support; (3) to develop new products or services and to review and analyze the usage and operations of our Site and/or Software, including by creating and using statistical information in an aggregated and non-specific format or on a per user and/or per organization basis; (4) to contact you with informational newsletters and promotional materials relating to our Site and/or Software; and (5) to prevent fraud, protect the security of our Site and/or Software, and address any problems with the Site and/or Software.

Statistical Information

By analyzing all information we receive, including all information concerning users, we may compile statistical information across a variety of platforms and users (“Statistical Information“). Statistical Information helps understand trends and customer-needs so that new products and services can be considered and so existing products and services can be tailored to customer desires. Statistical Information can be individualized per user or per organization or be anonymous and aggregated. We may share the anonymous and aggregate Statistical Information with our partners, without restriction, on commercial terms that we can determine in our sole discretion.

Analytics

We, or our service providers or subcontractors, may use analytics tools (“Tools“), to collect information about the use of the Site. Such Tools collect information such as how often users use the Site and what other sites and mobile applications they used prior to using the Site. The Tools may collect certain Personal Information, and may link such Personal Information to specific information stored in our customer database. We use the information we get from the Tools to improve our Site.

Legal uses

We may use your Personal Information as required or permitted by any applicable law.

Sharing the Personal Information We Collect

We may share your information, including Personal Information, as follows:

Business Partners, Service Providers, Affiliates, and Subcontractors

We may disclose information, including Personal Information we collect from and/or about you, to our trusted service providers, business partners, affiliates, subcontractors, who may use such information to: (1) help us provide you with the Services; (2) aid in their understanding of how users are using our Site and/or Software; (3) when you use the Software as part of an organization, we may disclose Statistical Information and/or analytics about your use or the organization’s users use of the Software to such organization.

International Transfer

We may use subcontractors and service providers who are located in countries other than your own and send them information we receive (including Personal Information). We will ensure that these subcontractors and service providers will be subject to written agreements ensuring the same level of privacy and data protection as set forth in this Privacy Notice. You hereby consent to such international transfer.

Business Transfers

We may transfer our databases containing your Personal Information if we sell our business or part of it.

Law Enforcement Related Disclosure

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or digital content, including in the event of any user suspected to have engaged in illegal or infringing behavior. We may also share your Personal Information with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our rights, property or safety (including the enforcement of the EULA and this Privacy Notice); (ii) to protect the rights, property or safety of third parties; (iii) when required by law, regulation subpoena, court order or other law enforcement related issues; or (iv) as is necessary to comply with any legal and/or regulatory obligation. You can request such Personal Information as specified herein by emailing us at support@knowmail.me.

Other Uses or Transfer of Your Information

We allow you to use our Software in connection with third-party services, sites, and/or mobile applications. If you use our Site and/or Software with or through such third-parties, we may receive information (including Personal Information) about you from those third parties. Please note that when you use third-parties services with our Site and/or Software, their own terms and privacy policies will govern your use of those services.

Security

We make efforts to follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Your Rights

You have certain rights in relation to the Personal Information that we hold about you, as detailed below. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information and/or comply with any of your requests, as detailed below:

  • Right of Access and Data Portability. You have a right to know what Personal Information we collect about you and, in some cases, to have the information communicated to you. Subject to the limitations in applicable law, you may be entitled to obtain from us a copy of the Personal Information you provided to us (excluding information that we obtained from other sources) in a structured, commonly-used, and machine-readable format, and you may have the right to (request that we) transmit such Personal Information to another party. If you wish to exercise this right please contact us letting us know what information in particular you would like to receive and/or transmit. Subject to applicable law, we may charge you with a fee. Please note that we may not be able to provide you with all the information you request, for instance, if the information includes Personal Information about another person. Where we are not able to provide you with information that you have asked for, we will endeavor to explain to you why. We will try to respond to any request for a right of access as soon as possible.
  • Right to Correct Personal Information. Subject to the limitations in applicable law, you may request that we update, correct or delete inaccurate or outdated Personal Information and/or that we suspend the use of Personal Information, the accuracy of which you may contest, while we verify the status of that Personal Information. We will correct your Personal Information within a reasonable time from the receipt of your written request thereof.
  • Deletion of Personal Information. In certain circumstances you have a right to have Personal Information that we hold about you deleted. Should you wish to have any Personal Information about you deleted, please contact us, using the contact information specified in this Privacy Notice. Subject to applicable law, we will delete Personal Information provided to us by a user within a reasonable time from the receipt of a written (including via email) request by such user to delete such collected information. We cannot restore information once it has been deleted. Please note that to ensure that we do not collect any further Personal Information, you should also disconnect and disable our Software from your applicable email and/or Microsoft “Cortana” account and terminate your account with us and clear our cookies from any device where you have used our Software. We may retain certain Personal Information (including following your request to delete) for audit and record-keeping purposes, as well as other purposes, all as permissible and/or required under applicable law. We may also retain your information in an anonymized form.
  • Account Deactivation. You can ask us to deactivate your account by contacting us using the information below. In order to deactivate your account, we may ask you for additional information.
  • Right to Object. Subject to applicable law, you may have the right to object to processing of your Personal Information for certain purposes.
  • Supervisory Authority. If you are a European Citizen, you may have the right to submit a complaint to the relevant supervisory authority.

Retention

We retain information as necessary for the purposes set forth above. We may delete information from our systems, without notice to you, once we deem it is no longer necessary for the purposes set forth above.

Use of Cookies and Similar Technologies

Third parties through which we may provide the Software and Site may be placing and reading cookies on your browsers or using web beacons to collect information.

How to Adjust Your Preferences

Most web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. In addition, you are free to delete any existing cookies at any time. Please note that some features of the Site may function improperly when cookies are disabled or removed.

Third-Party Applications and Services

All use of third-party applications or services is at your own risk and subject to such third party’s terms and privacy policies.

Communications

Subject to your consent and applicable law, we may send you e-mail or other messages and/or a newsletter about us or our Site and/or Software. You may remove your Personal Information from our mailing list and stop receiving future communication from us by following the UNSUBSCRIBE link located at the bottom of each communication or by emailing us at support@knowmail.me. You will also be given the opportunity to unsubscribe from commercial messages in any such e-mail or message we send.  Please note that we reserve the right to send you service-related communications, including service announcements and administrative messages relating to your account, without offering you the opportunity to opt out of receiving them. Should you not wish to receive such communications you may cancel your account. Children

We do not knowingly collect personally-identifiable information from children under the age of sixteen (16). In the event that you become aware that an individual under the age of sixteen (16) has enrolled without parental permission, please advise us immediately.

Changes to the Privacy Notice

When using the Software, you shall be asked to accept the terms of this Privacy Notice.  If you do not agree with the terms hereof, please do not use the Software.  We may update this Privacy Notice from time to time – we encourage you to review it periodically. By continuing to access or use the Software after those changes become effective, you agree to be bound by the revised privacy notice We will post the updated Privacy Notice on this page. Please come back to this page every now and then to make sure you are familiar with the latest version. Any new Privacy Notice will be effective from the date it is accepted by you.

Comments and Questions

If you have any comments or questions about our privacy policy, or if you wish for us to amend or delete your Personal Information, please contact us at support@knowmail.me.

Last updated: March 2018

Privacy Policy: Cortana

Knowmail S.A.L Ltd. and its affiliates (collectively, “Knowmail“, “We” or “Us“) are committed to protecting the privacy of its users and business partners (“Users” or “You“). This Privacy Policy (“Privacy Policy“) has been created to inform you about how We manage, collect, store and use the information You provide in connection with our Software-as-a-Service solution (“Services“) and also describes the measures We take to protect the security of the information and how individuals can contact Us about our privacy practices.

Please note that the scope of this Privacy Policy is limited only to information collected by us through your use of the Services (whether such use is through any computer used to access the Services, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device) or through information provided by You during your use of Microsoft’s “Cortana” but does not include third party products or services that you may choose to integrate with our Services. You should always review the policies of third party products and services to make sure you are comfortable with the ways in which they collect and use your information.

By using the Services, you agree to the collection, transfer, processing, storage, disclosure and use of your personal information as outlined in this Privacy Policy. If at any time Knowmail decides to retain or use Personal Information in a different manner, we will notify our customers by way of an e-mail or by posting a notice on our website. Your continued use of the Service following such notice shall be deemed to be acceptance of any updates or changes we make to this Privacy Policy and as such, we encourage You to consult the Privacy Policy regularly for changes.

 

  1. What Information is Collected from You

Knowmail may collect two types of information about You in connection with the Services:

Personal Information” – means information about you that can be used to contact or identify you. The Personal Information types collected in accordance with the Services may vary depending on the activity and may, for example, include your name, your “Microsoft Cortana” user identification details, and your e-mail address. Knowmail may collect Personal Information when You use the Services including, without limitation, setting up account information, filling out surveys, corresponding with Knowmail, or otherwise volunteering information about You.

Non-Personal Information” – means information that, when taken alone, cannot be used to identify or contact you. Knowmail may collect Non-Personal Information through any of the methods discussed above as well as automatically or otherwise through Your use of the Services.

 

  1. How We Collect Your Information

Knowmail may collect Personal Information and Non-Personal Information from You through the following methods:

  1. Registration. Knowmail may require certain Personal Information and Non-Personal Information to enable certain features or functionality of the Services or otherwise provide the Services to You. Please note that failure to provide all information required by Knowmail under the account settings may prevent access to any or all of the Services, and failure to maintain accurate information may result in suspension or termination of access to or use of any or all of the Services.
  2. Information Collected Through Technology. In order to provide You the Services, You may be required to enter a user ID and password in order to access Your account in Cortana and agree that Cortana may provide us with access (via a “token” or other similar methods) to your account, but it is clarified that We do not receive your actual password and credentials. Knowmail may automatically collect details of the date and time that You log in and log out of Your accounts.
  3. Information Provided By You. During the course of the business relationship between Knowmail and You, You may provide Knowmail with certain Personal Information (including without limitation contact information) and Non-Personal Information to enable You to utilize the Services and to allow Knowmail to provide You with the Services.

 

  1. How We Use Your Information

Knowmail may use Information collected from You as follows:

  1. System Administration and Providing Services. Knowmail may use Personal and Non-Personal Information in furtherance of providing You with the Services and administering, supporting, troubleshooting technical problems, protecting, and improving the Services, ensuring proper functioning of our products and services and for purposes of communicating with You.
  2. Notices to You. Knowmail may use Personal Information to send e-mails to You related to the Services (including Your accounts thereunder) whether directly or through Cortana, including confirmation to verify the accuracy of any information You have provided and to provide any instructions or assistance related to the Services and/or Your use thereof. Knowmail may also send emails to You to verify your respective identity and/or to notify You if Knowmail believes Your use of the Services violates any applicable agreement between You and Knowmail related to the Services.
  3. Combining Anonymous Data. To the extent permitted by applicable law, Knowmail may combine the various types of data that it collects with other data that Knowmail collects from You and Knowmail’s other customers and business partners in an anonymous and aggregate manner and in a form that does not personally identifies You. This anonymous, statistical or aggregated information will be used to improve Knowmail’s products and services and may also be provided to Knowmail’s business partners.

 

  1. Data Storage; Transference of Your Information

Knowmail is a global corporation with operations in several countries. We have developed global data practices designed to assure Personal Information is appropriately protected. Knowmail or Microsoft may store data collected in connection with the Services on servers located around the world in various locations including, without limitation, parts of the United States of America, Asia and the European Economic Area. While our primary data center is currently in the United States we may transfer Personal Information to offices outside of the United States. In addition, we may employ other companies and individuals to perform functions on our behalf. If we disclose Personal Information to a third party or to Knowmail employees outside of the United States, we will ensure that such party has agreed to assure adequate protection of such Personal Information.

If you are using the Services and are from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your Personal Information to the United States. By providing your Personal Information, you consent to any transfer and processing in accordance with this Privacy Policy. By providing us with Personal Information in accordance with this Privacy Policy, you waive any claims you may have concerning such transfer of your Personal Information.

 

  1. Disclosure of Your Personal Information

We may disclose your Personal Information to Microsoft to the extent Your use of the Services is related to Your use of Microsoft “Cortana”.

You understand and agree that we may be required to disclose personal information if required to do so by law or in the belief that such disclosure is reasonably necessary to avoid liability, to comply with legal process, including, but not limited to a subpoena, statute, search warrant, or court order, to complu with a law enforcement or intelligence investigation, or to protect our, or a third party’s, property and rights, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

We may also disclose information about you if we determine that such disclosure is reasonably necessary to enforce the terms and conditions of the Services or to protect our operations or users. In all cases of data access and collection, the personal information you provide will not be disclosed, rented, loaned, leased, sold, or otherwise voluntarily distributed to unaffiliated third parties (other than to Microsoft to the extent Your use of the Services is related to Your use of Microsoft’s “Cortana”), nor will We share Personal Information about You with third parties for their marketing purposes (including direct marketing purposes) without your permission. Please note that we may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

 

  1. Third Party Service Providers

We may employ third party companies and individuals to facilitate the Services or any portion thereof, to provide the Services or any portion thereof on its behalf, to perform tasks (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Services) or to assist us in analyzing how the Services are used or to monitor user engagement or collect feedback concerning Us and our Services. We may transfer Personal Information to such third parties for such purposes pursuant to appropriate privacy commitments. You agree to be contacted by such third parties for such purposes.

From time to time, we may employ third party contractors to collect Personal Information on our behalf to provide e-mail delivery, product or promotional fulfillment or other services through the Services. When requesting these services, you may be asked to supply your name, mailing address, telephone number and e-mail address to those contractors. We may ask some third party contractors, such as, data analytics or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies.

  1. Safeguarding Your Information

Security Measures. Knowmail is committed to ensuring the security of the Personal Information that it processes. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of Personal Information, we have adopted appropriate physical, electronic, and administrative procedures to safeguard and secure the Personal Information we process. Knowmail strives to protect the privacy of the Personal Information it processes. In the event of an inadvertent disclosure, Knowmail will use commercially reasonable steps to limit and remedy the disclosure. However, Knowmail cannot guarantee that unauthorized third parties will never be able to bypass those procedures or use Personal Information for improper purposes. It is Your responsibility to safeguard all passwords and user IDs that You use to access Your account and to notify Knowmail immediately if You know or suspect that the secrecy of any such passwords and/or user IDs have been compromised. You are solely responsible for any and all unauthorized use of Your account conducted via the passwords and user ID’s.

  1. Changing or Deleting Your Information

We will retain your information for as long as your account is active or as needed to provide you with the Services, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you would like us to change or delete your records in our system, please contact us at support@knowmail.me and we will attempt to accommodate your request but only to the extent such activities will not compromise privacy or security interests and only to the extent we are not legally obligated to retain such records. Please note that it may be impossible to entirely delete entries without some residual information being retained due to the manner in which data backups are maintained by Knowmail or its suppliers.

 

  1. Privacy of Minors

Knowmail is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. We do not knowingly collect personal information from children under the age of 13 and Knowmail does not target its website or its products to children under such age group.

Please let us know of any activity you have encountered, or reasonably suspect, by children under the age of 13.

 

  1. Contact Us

Knowmail strives to collect and use personal information in a manner consistent with the laws of the countries in which it does business. If you have questions or concerns regarding this Privacy Policy or any other issue regarding the Services please contact us at: support@knowmail.me.

Last update: May, 2017

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