Privacy Policy

Terms of Use and Privacy Policy (effective February 17, 2017)

Terms of Use

The use of this website or any other website owned or maintained by Cipher Systems, LLC (“Cipher”, “us”, “our”, or “we”) is governed by the terms and conditions set forth below. By accessing Cipher’s website (the “Website”), you accept without limitation or qualification, and agree to be bound by and abide by, these terms of use. If you do not agree with any of these terms of use, you are prohibited from using or accessing the Website. PLEASE READ THESE TERMS AND ALL INFORMATION CONTAINED HEREIN CAREFULLY BEFORE USING THIS WEBSITE.

  1. Use of the Website.
    1. You may use the Website only for lawful purposes and in accordance with these terms of use.
    2. Cipher provides materials at its Website as a complimentary service for informational purposes only, and as such, the Website is not intended to be used for any other purpose.
    3. You agree not to (i) post any content on the Website except with Cipher’s prior written consent; (ii) use the Website in any manner that could disable, impair, overburden, or damage the Website; (iii) attempt to decompile or reverse engineer any software on the Website; or (iv) interfere or attempt to interfere with the proper working of the Website.
       
  2.  Copyright Complaints and Copyright Agent.
    1. Termination of Access for Infringers.  We respect the intellectual property rights of others and request that our users do the same.  Pursuant to 17 U.S.C. Section 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website, its features and of Cipher’s products and services (whether made available through the Website or any other website or portal provided by Cipher) who are infringers.  We may terminate access for participants or users who are found to provide or post protected third party content without necessary rights and permissions.
    2. DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on or through this Website, its features, or any other website or portal provided by Cipher infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. Section 512) (“DMCA”) by sending the following information in writing to our designated copyright agent:
      1. The date of your notification;
      2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
      5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
      6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Upon receipt of a take-down notice, we will promptly remove the allegedly infringing material and will promptly notify the user who posted this material of the removal.  Our designated copyright agent is our Director of Business Operations. 

    1. Counter-Notices. If you believe that your user content that has been removed from the Website, or any other website or portal provided by Cipher is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
      1. Your physical or electronic signature;
      2. A description of the content that has been removed and the location at which the content appeared before it was removed;
      3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
      4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts in Maryland and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

    If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that we may reinstate the removed material in 10 business days.  Unless our copyright agent receives notice from the complaining party of the complaining party filing or intending to file an action seeking a court order against us or the alleged infringer to restrain from engaging in infringing activity relating to the material at issue, we may replace the material in not less than 10, nor more than 14 business days from receipt of the counter-notice.

    1. Disclaimer of Warranty and Limitation of Liability.

    THE CONTENT, MATERIALS AND FEATURES ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. CIPHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, CIPHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, CURRENTNESS, COMPLETENESS, OR RELIABILITY OF THE USE OF THE MATERIALS AND FEATURES ON ITS WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY WEBSITES LINKED TO THIS WEBSITE.

    IN NO EVENT WILL WE, OR ANY OF OUR AFFILIATES BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COST OF REPLACEMENT GOODS, OR LOSS OR DAMAGE TO INFORMATION OR PROGRAMS OR DATA) ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, FUNCTIONS AND SERVICES OF OUR SITE OR ANY LINKED WEBSITE, EVEN IF WE ARE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. CIPHER ALSO ASSUMES NO LIABILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY BY WAY OF USE OR ACCESS TO THE WEBSITE OR DOWNLOADING ANY MATERIALS AVAILABLE ON THE WEBSITE.

    SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON CERTAIN TYPES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    1.  Indemnification.

    By accessing the Website, you agree to indemnify, defend and hold Cipher, its affiliates, and their directors, officers, managers, members, employees and agents harmless from and against any claims, losses, costs, and damages, including reasonable attorneys’ fees, that arise or could arise in connection with your use of the Website.

    1. Violations of Policies

    In the event you violate or attempt to violate any part of our Policies, we reserve the right to terminate your access to our Website immediately, in our sole discretion, with or without notice of any kind; provided, however, that this shall not constitute an election of remedies.

    1. Revisions.

    Cipher may make changes to the content, materials and features contained on the Website at any time without notice. Cipher does not make any commitment to update the materials contained on or linked to on its Website.

    1. Modifications of Terms of Use.

    Cipher may revise and update these Terms of Use from time to time, and your continued access of the Website following such posting means that you accept and agree to all changes in the updated Terms of Use. Cipher recommends reviewing these Terms of Use from time to time. If Cipher makes a material change to these Terms of Use, it will change the effective date above and post notice to the Website.

    1.  Intellectual Property

    Our Website, including the information contained on our Website, is protected by U.S. and International copyright and trademark laws. We, and/or third-party information providers, own the content on this Website, and you do not acquire any ownership rights by accessing, downloading or printing any such content.

    If you are a personal user, you may access, download and print information on this Website for your personal, non-commercial home use only. If you are a company user, you may access, download and print information on this Website for your company's internal use only and not for purposes of publishing our content to persons outside of your company.  If you are permitted by this policy to print and download content, you must retain all copyright and other proprietary notices on all copies of the downloaded or printed content, you may not modify the content, nor may you reproduce, publicly display, distribute, license, rent, sell, transmit or otherwise use the content for any public or commercial purpose. The use of any content from this Website on any other website or networked computer environment (including for purposes of establishing a link to this Website) is prohibited.

    We do not grant you any express or implied right under any patents, trademarks, copyrights or trade secret information, other than the limited right to access, download and print content as described in the preceding paragraph. In particular, without prior written authorization from us or any applicable third party owner, you are prohibited from using, copying or modifying the trademarks, service marks, names, logos, pictures, images or videos of Cipher or of any third party provider thereof.   You may not use any keywords, meta tags or any other “hidden text” utilizing our names or trademarks without our prior, express written consent.  In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our Website or web pages is strictly prohibited.

    Cipher, Cipher Systems, Knowledge360, the Cipher logo design, the Knowledge360 logo design, Knowledge.Works, the Knowledge.Works logo design, Intelligent Strategy, and any logos, slogans or marks combined or used in connection therewith on the Website, other than marks of third parties, are trademarks and service marks of Cipher, and may not be used in connection with any third party product or service in a manner that is likely to cause confusion among consumers. 

    Privacy Policy

    For use with Cipher’s Website (the “Website”)

    This Website is intended for use only by persons eighteen (18) years of age or older, who have the capacity to enter into a valid contract.  By using this Website, you represent and affirm that you meet these requirements.  In accordance with the Children’s Online Privacy Protection Act, we do not knowingly or intentionally solicit or collect information from minors, and our Website is not directed at minors.

    Cipher is committed to protecting the privacy of visitors to our Website. When you provide personal information to us, we protect the privacy and confidentiality of that information. When you browse through this Website, you do so anonymously.

    Information You Provide

    Cipher does not collect personal information about you unless you voluntarily provide it to us. Cipher may collect information provided by you through the use of online contact forms, product requests, demonstration requests, investor relations, or employment applications. Your email address will not be used for commercial purposes, and Cipher will not sell or otherwise distribute your email address to any third party.

    Use of Information You Provide

    Cipher will collect and use information solely with the objective of fulfilling those purposes specified by us including responses to user requests for contact, information about products and services, customer service requests, invoicing, confirmations, security alerts, events, promotions, news about products and services, job application status updates or communications regarding open positions, notifications regarding items of interest to investors, such as press releases as well as events and presentations.

    How Cipher Protects Your Information

    Cipher uses industry standard security measures to protect the information under our control, including firewalls and other security measures. Although the inherent dangers of the Internet means we cannot guarantee the protection of your information against loss, misuse, or alteration, Cipher works hard to protect all of your personal information.

    Information We Collect

    As a common practice, similar to most companies, our servers and third party services and cookies, automatically log information about visits to this Website in the normal course of establishing and maintaining web connections. Although we might collect aggregate statistics concerning Website usage, this data does not contain any personally identifiable information.

    Information Cipher Shares

    Cipher will not sell, loan, or rent any information that you provide to Cipher. Cipher may disclose certain information in the event such information is required by law or through a legal process, is formally requested by government authorities, is reasonably believed by Cipher to be connected to information security or other security events or any illegal activity, or if Cipher sells or transfers business assets to another party.

    Non-United States Visitor Information

    If you are a non-United States citizen visiting the Website, you agree that personal information you submit to us or your browsing information may be processed for the purposes identified herein. You acknowledge that laws in the United States may be less protective than the laws of your country, and by providing Cipher with information, you consent to the processing of information provided.

    Links to Third Party Websites

    The Website may contain links to third party websites. Cipher has not reviewed all of the websites linked to its Website and is not responsible for the contents of any such linked website. Cipher does not regularly review materials on linked websites and does not have control over the privacy practices of any linked websites. Use of any such linked website is at the user’s own risk. Cipher is not responsible for the collection of personal information by third party websites or the security or privacy of such information on third party websites.

    Modifications to the Privacy Policy

    Cipher may revise and update this Privacy Policy from time to time, and your continued access of the Website following such posting means that you accept and agree to all changes in the updated Privacy Policy. Cipher recommends reviewing this Privacy Policy from time to time. If Cipher makes a material change to these terms and conditions of use, it will change the effective date above and post notice to the Website.

    Governing Law

    These Terms of Use and Privacy Policy shall be governed by the laws of the State of New York without regard to its conflict of law provisions and the laws of the United States, where applicable.

    Jurisdiction

    You consent to the exclusive jurisdiction of the state and federal courts of Maryland to the exclusion of all other courts or tribunals should any dispute arise between you and us regarding your use of the Website, its content, and features and these Terms of Use and Privacy Policy.

    Severability and Reservation of Rights

    In the event any part of these Terms of Use or Privacy Policy is found to be unenforceable, the remainder shall continue in full force and effect.  We hereby reserve any and all rights not expressly granted to you in our policies.

    If you have any questions about these policies or our handling of personal information please contact us at http://www.cipher-sys.com/contact.