Radar

Terms & Conditions

Last updated: 1/18/2019

Please read these Terms of Service (this "Agreement") carefully. Your use or access of the Site (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and Radar Relay, Inc. ("Company" or "we" or "us") concerning your use of (including any access to) Company’s website, currently located at radar.tech, mobile applications and web applications (together with any materials and services available therein, and successor website(s) or application(s) thereto, the "Site"). This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Site posted by Company to the Site, or otherwise.

By clicking or tapping any button or box marked "accept," "agree" or "OK" (or a similar term) in connection with this Agreement, or by accessing or using the Site, you agree to be bound by this Agreement and affirm that you are of legal age to enter into this Agreement where you live and have the legal capacity to enter into this Agreement.

If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an "Organization"), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to "you" and "your" in this Agreement will refer to both the individual using the Site and to any such Organization.

This Agreement contains a mandatory arbitration provision (unless you opt-out as set forth in section 19 below) that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions or class arbitrations of any kind.

  1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
  2. Your clicking or tapping any button or box marked "Accept," "Agree" or "OK" (or a similar term) in connection with this Agreement, or your access or use of the Site, in each case following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legend above indicates when this Agreement was last changed. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users. We reserve the right to introduce new features or functionality for which the payment of fees may be required.
  3. Information Submitted Through the Site. Your submission of information through the Site is governed by this Agreement and the Site’s Privacy Policy, available at https://radar.tech/terms (the "Privacy Policy"). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.
  4. Jurisdictional Issues. The Site is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
  5. Rules of Conduct. In connection with the Site, you must not:

    • Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
    • Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, scareware, malware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a "Virus").
    • Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
    • Harvest or collect information about users of the Site.
    • Use the Site to transmit through or in connection with the Site, any spam, chain letters or other unsolicited communications.
    • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site (including any content available thereby); or violate any requirement, procedure or policy of such servers or networks.
    • Restrict or inhibit any other person from using the Site.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Company’s express prior written consent.
    • Reverse engineer, decompile or disassemble any portion of the Site, except to the extent such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trademark or other proprietary rights notice from the Site.
    • Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent.
    • Systematically download and store Site content.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Site content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Site, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with applicable law and any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
  6. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Site (including any applicable device data transmission charges).
  7. Resources; Third Party Resources. The Site may make available information, data, materials, services, functionality or other resources (collectively, "Resources"), as well as references and links to such Resources. Resources may be made available by Company or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations as to the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of any or all of the Resources and the Site, or any intellectual property rights therein. Resources are subject to change at any time without notice. To the fullest extent permitted under applicable law, we disclaim all liability and responsibility arising from any reliance placed on any Resources by you or any other user of the Site, or by anyone who may be informed of the content of any Resources. We neither control nor endorse, nor have any obligation to monitor Resources made available by third parties ("Third Party Resources"), and we may block or disable access to any Third Party Resources (in whole or part) through the Site at any time. Certain Third Party Resources may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by Company with respect to any Third Party Resources. In addition, the availability of any Third Party Resources through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Resources, nor does such availability create any legal relationship between you and any such provider.
  8. Your use of Third Party Resources is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Resources (such as terms of service or privacy policies of the providers of such Third Party Resources).
  9. Your Submissions and Feedback. Certain Site functionality may provide you with the ability to make available certain Resources through or in connection with the Site (each such Resource, "Your Submission"). If you choose to make any of your personally identifiable or other information publicly available through the Site, you do so at your own risk. You retain ownership of Your Submissions, but you grant to us an unrestricted and fully paid up license (with right to sublicense) to use and otherwise exploit Your Submissions, in any format or media now known or later developed, in connection with our business activities related to the Site (including promotional purposes, such as testimonials).
  10. In addition, if you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Site or otherwise, such Feedback will be deemed Your Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
  11. You represent and warrant that (a) you have all rights necessary to grant the licenses granted in this section; (b) Your Submissions are complete and accurate; and (c) Your Submissions and your provision thereof to us (whether through and in connection with the Site or otherwise) are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party (including any intellectual property, publicity or privacy rights). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Submissions that you may have under any applicable law under any legal theory.
  12. Monitoring. We may (but have no obligation to) monitor, moderate and/or analyze your use of the Site, and monitor, moderate, analyze, alter and/or remove Resources before or after they appear on the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
  13. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view and use any portion of the Site to which we provide you access under this Agreement, solely in accordance with the functionality that we make available to you, solely for your personal, non-commercial use.
  14. Company’s Proprietary Rights. As between you and us, we and our licensors own the Site, which is protected by proprietary rights and laws. All trade names, trademarks, service marks, logos and copyrightable works available through the Site are the property of their respective owners and nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, logos or copyrightable works without the express prior written consent of the owner. Our trade names, trademarks and service marks include “RADAR RELAY” and any associated logos. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.
  15. Promotions. Any sweepstakes, contests, raffles, surveys, games, coupons, rebates or similar promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as the Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will govern with respect to such Promotion to the extent of such conflict.
  16. Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Site and Resources (including any Third Party Resources) are made available to you on an "As Is," "Where Is" and "Where Available" basis, without any warranties and conditions of any kind, whether express, implied or statutory; and (b) Company disclaims all warranties and conditions with respect to the Site, any Resources (including any Third Party Resources) and Transaction Information, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective owners, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers, and their respective successors and assigns (collectively, the "Company Parties").
  17. We do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. Accordingly, you should verify all information on the Site before relying on it, and all decisions (including Transactions) based on information contained on the Site are your sole responsibility and we will have no liability for such decisions. If you become aware of any inaccuracies or unauthorized alterations to the Site, contact us at outreach@radarrelay.com with a description of such inaccuracy or alteration and its location on the Site.
  18. We will not be liable for: (x) any inaccuracy, error, delay in or omission of (1) any information or (2) the transmission or delivery of information and (y) any loss or damage arising from any event beyond our reasonable control, including but not limited to: flood, extraordinary weather conditions, earthquake, other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure or equipment or software malfunction.
  19. Limitation of Liability. To the fullest extent permitted under applicable law: (a) no Company Party will be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages of any kind arising out of or in connection with the Site or this Agreement, under any contract, tort (including negligence), strict liability or other theory, including damages for diminution of value, loss of tokens, loss of profits, loss of revenue, loss of business, work stoppage, loss of use or data, loss of goodwill, loss of other intangibles, loss of security of Your Submissions (including unauthorized interception by third parties of any of Your Submissions), computer failure or malfunction, or other loss (collectively, "Losses"), even if advised in advance of the possibility of such losses; (b) without limiting the foregoing, no Company Party will be liable for damages of any kind resulting from your use of or inability to use the Site or from any Resources (including any Third Party Resources), including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Site or any Resources (including any Third Party Resources) is to stop using the Site; and (d) the maximum aggregate liability of all Company Parties, collectively, for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will be equal to the lesser of (i) the total amount, if any, paid by you in Fees to Company under this Agreement during the six (6)-month period immediately prior to the date of the event giving rise to the last cause of action to arise hereunder; and (ii) 50 U.S. dollars ($50). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the each of the other Company Parties.
  20. You hereby release the Company Parties from liability for any and all Losses arising out of or in connection with the Site or this Agreement. Further, if you have a dispute with one or more third parties in connection with a Transaction, you hereby release the Company Parties from liability for any and all Losses in connection with such disputes.
  21. Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights. For the avoidance of doubt, if you are a resident of the State of New Jersey, the immediately preceding sentence does not apply to you.
  22. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless each Company Party from and against all claims, liabilities, Losses, costs, expenses and fees (including attorneys’ fees and expenses) arising out of or relating to (a) your use of, or activities in connection with, the Site (including Your Submissions); or (b) any breach or alleged breach of any of the provisions of this Agreement by you.
  23. Termination. This Agreement is effective until terminated. Company may terminate this Agreement or suspend your right to use the Site at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or have engaged in any Prohibited Activity. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete Your Submissions and all associated materials, without any obligation to provide any further access to such materials. The preamble and Sections 2, 3, 5, 8-9 and 11-23 will survive any termination of this Agreement.
  24. Governing Law; Arbitration; Class Action Waiver. This Agreement, your use of (including any access to) the Site and all related matters are governed solely by, and construed solely in accordance with, the laws of the United States (including federal arbitration law) and the State of Delaware, U.S.A., without regard to its principles of conflicts of law that would cause the application of the laws of any other jurisdiction, and regardless of your location. Except for disputes that qualify for small claims court, or to the extent this provision is expressly prohibited by law, all disputes arising out of or related to this Agreement, your use of (including any access to) the Site (including all Transactions) and all related matters, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Company and you are each waiving the right to trial by a jury to the maximum extent permitted by applicable law. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class arbitration or class action. If you do not want to be bound by this arbitration provision, you may opt out. In order to opt out of this arbitration provision, you must notify us in writing that you do not want to resolve disputes with us by arbitration, and such notice should be delivered by mail to Radar Relay, Inc., 340 S Lemon Ave #7998, Walnut, California, within 30 days of the earlier of (a) the date you first access or use the Site; and (b) the date you click or tap any button or box marked "accept," "agree" or "ok" (or a similar term) in connection with this Agreement. The arbitration will be administered by the American Arbitration Association (the "AAA") under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you. If you opt-out of arbitration pursuant to the terms above, then the following jurisdiction and venue provision shall apply: All disputes arising out of or related to this TOS for which arbitration does not apply will be subject to the exclusive jurisdiction and venue of the Delaware state courts (or, if there is exclusive federal jurisdiction, the United States District Court for the State of Delaware), and the parties consent to the personal and exclusive jurisdiction of these courts.
  25. Parental Control Protections. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.
  26. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to outreach@radarrelay.com. You may also contact us by writing to Radar Relay, Inc, 340 S Lemon Ave #7998, Walnut, California 91789. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  27. Government Regulations. At all times during the utilization of this service, you shall have in effect all licenses, permits and authorizations that are legally necessary or commercially advisable to utilize this service. You shall at all times abide by all local, regional, and international laws, and rules and regulations applicable to its activities including, but not limited to (1) the United States Foreign Corrupt Trade Practices Act of 1977, as amended, (2) U.S. Export Administration Regulations, (3) International Traffic in Arms Regulation, (4) USA Patriot Act, as amended, (5) U.S. Treasury regulations, (5) anti-dumping laws, and (6) all other U.S. and other countries’ laws and regulations relating to international trade and investment activities. If you are provided notice, correspondence, subpoena, or other contact that a governmental investigation has been initiated related to your utilization of this service, you shall immediately notify the Company in writing of the investigation or inquiry. You agree to assist the Company in responding to or defending against any governmental inquiry into your compliance with the applicable laws.
  28. Standards of Conduct. You warrant and represent to Radar Relay, Inc. that neither you nor any of your officers, directors, employees, agents, or other representatives has performed or will perform any of the following acts in connection with this Agreement or utilization of the service, any compensation paid or to be paid hereunder, any payment made or to be made hereunder, or any other transactions involving the business interests of the Company: offer or promise to pay, or authorize the payment of, any money, or give or promise to give, or authorize the giving of, any services or anything else of value, either directly or through a third party, to any official or employee of a public international organization or of any government, or of any agencies or subdivisions thereof, or of any public international organizations or governmental instrumentalities, or to any political party or official thereof or to any candidate for political office for the purpose of (i) influencing any act or decision of that person in his official capacity, including a decision to fail to perform his official functions with such government or instrumentalities, (ii) inducing such person to use his influence with such government or instrumentalities to affect or influence any act or decision thereof or (iii) securing any improper advantage.
  29. Permits and Licenses. You possess and/or agree to obtain all licenses, governmental approvals and permits necessary to utilize the service. You further agree to obtain, at your own expense, any necessary export licenses or other governmental authorizations, and carry out all formalities necessary to utilize the platform.
  30. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision or portion thereof of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision or portion thereof will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without consent or other restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement will be construed as if followed by the phrase "without limitation." This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by any other reasonable means. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

Privacy Policy

Last updated: 10/30/2019

This Privacy Policy (the “Privacy Policy”) governs the manner in which RADAR Relay, Inc., a Delaware corporation (the “Company”, “RADAR”, “we”, “our”, or “us”) collects, uses, maintains and discloses information collected from users (each, a "user", “you” or “your”) of the website located at www.radar.tech, including any and all mobile applications, web-applications, product pages, sublinks, linked pages or other subpages linked thereon and including, without limitation, the subpages located at https://deploy.radar.tech, https://ion.radar.tech, and https://radarrelay.com (together with any materials and services available therein or provided thereby, and any successor website(s) or applications thereto, the “Site”).

By (i) using, visiting or accessing the Site,  (ii) using, accessing, establishing an account through or purchasing any of the services, features or functions provided by or through the Site and/or (iii) clicking “accept”, “agree”, or “OK” (or a similar term) with respect to any RADAR terms and conditions, terms of use or similar policies (collectively, “Terms”), you (a) consent to and agree to be legally bound by each of the terms and conditions contained in this Privacy Policy and any other applicable terms or policies referenced or incorporated herein and (b) represent and affirm that you are of legal age where you live, and of legal capacity, to agree to be bound by this Privacy Policy. Further, to the extent that you utilize the Site to store or interact with EU Personal Information, you consent and agree to be legally bound by the terms and conditions contained in the Data Processing Addendum attached hereto as Addendum A (the “DPA”).

In the course of operating the Site, RADAR will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information.

I. Information We Collect/Receive.

A. Personal Information. “Personal Informationis information that identifies you as an individual or relates to an identifiable individual, such as name and email address. We may collect Personal Information from users when they voluntarily provide it to us in a variety of ways, including, but not limited to, when Users visit the Site, subscribe to our newsletters, fill out a Site form, or in connection with other activities, services, features or resources we make available on our Site. Users may visit portions of the Site without providing Personal Information. Users can always refuse to supply Personal Information; however, doing so may prevent them from engaging in certain Site-related activities. Personal Information may also include the personal information of third parties that may be contained in information you provide to us through your use of the Site. You represent and warrant to us that you have obtained all required consents from any individual whose Personal Information you transfer to RADAR in connection with this Privacy Policy or any Terms.

B. Billing Information. If applicable to your use of the Site, in order for us to process your payments of any fees owed to us in connection with your use of services offered through the Site, you will be required to provide certain billing information, such as your credit card number, expiration date, bank account information, billing address, activation code, and similar information (collectively, “Billing Information”). You authorize our third-party payment vendors to collect, process, and store your Billing Information in accordance with their respective privacy policies. We currently use Stripe as our third-party payment vendor, but we reserve the right to change our payment vendor at any time, or to use additional payment vendors, at our discretion, and we will update this Privacy Policy from time to time accordingly. Stripe’s privacy policy may be found here: https://stripe.com/us/privacy.

C. Geolocational Information. Certain features and functionalities of the Site may be based on your location. In order to provide these features and functionalities we may, with your consent, automatically collect geolocational information from your device or wireless carrier and/or certain third-party service providers.  Such information is collectively called the “Geolocational Information.”  You may decline to allow us to collect such Geolocational Information, in which case we may not be able to provide certain features to you.

D. Other Information. In addition to the Personal Information, the Billing Information and the Geolocational Information, we may collect or receive from Users additional information (collectively, the “Other Information”). Such Other Information may include:

1. From Your Activity. In order to provide you certain features and functionalities of the Site, and in an ongoing effort to improve our Site, and services, we automatically collect certain information when you use the Site and integrate it with your other devices and services. Such information may include, without limitation:

• IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on the Site, what sections of the Site you visit, etc.;

• information about a mobile device, including universally unique ID, platform type and version (e.g., iOS or Android), carrier and country location, hardware and processor information, and network type; and

• activity and usage information occurring via the Site, including, without limitation, the nodes that develop.

2. From Cookies. We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit to the Site. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Site. Note that we do not currently respond to browser do-not-track signals. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. If you decide not to accept cookies from us, the Site may not function properly.

3. Third-Party Analytics and Customer Support Providers. We may use third-party analytics and customer support services (such as Google Analytics) to evaluate your use of the Site, compile reports on activity and events, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Site, and mobile and Internet usage. These third parties use cookies, pixel tags, and other related technologies to help analyze and provide us the data. For instance, pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of Site users and email recipients, measure the success of our marketing campaigns and compile statistics about use of the Site and response rates. By visiting and using the Site, you consent, to the extent permitted under applicable law, to the processing of data about you by these analytics and customer support providers in the manner and for the purposes set out in this Privacy Policy.

For more information on these third parties, including how to opt out from certain data collection (if available by such third parties), please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Site.

• For Google Analytics, visit https://www.google.com/analytics

We also use Hotjar’s heat mapping services to display the areas of a Site page where users most frequently move the mouse or click. These services help us to monitor and analyze web traffic. A User can opt out of Hotjar’s services by going to https://www.hotjar.com/opt-out.

4. Third-Party Retargeters. We may also use one or more third-party retargeting services to advertise on third-party websites to previous visitors to our Site. These third-party retargeting service providers use cookies to serve ads based on a past visit to the Site and may utilize cookies, pixel tags, and other related technologies. Any data collected by such third-party retargeting service providers will be used in accordance with this Privacy Policy. By visiting and using the Site, you consent, to the extent permitted under applicable law, to the processing of data about you by these remarketer services. For more information on such third-party retargeting service providers, including how to opt out from certain data collection, please visit the following links:

• For Google AdWords, you can set preferences for how Google advertises to you using the Google Ad Preferences page at https://adssettings.google.com/authenticated, and if desired, you can opt out of interest-based advertising by cookie settings or permanently using a browser plugin.

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

II. How We Use and Share Information. You authorize us to use the Personal Information, the Billing Information, the Geolocational Information, and the Other Information (collectively, the “Information”) to:

• Provide the Site and the services offered therethrough and to improve the same;

• To process transactions;

• To solicit your feedback;

• To respond to user inquiries or fulfill user requests and provide related customer service;

• To send administrative information to a user, such as changes to our terms, conditions and policies;

• To personalize the user experience on the Site;

• For business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and services, improving our Site, identifying usage trends, determining the effectiveness of our promotional campaigns and expanding our business activities; 

• To inform you about our and/or our promotional partners’ products and services; and

• For any other reason or purpose permitted by applicable law.

Without limiting the foregoing, you also authorize RADAR to use and/or share information as described below:

• We may, from time to time, share and/or license Information with or to other companies, who may provide you information about the products and services they or their partners offer. You may be entitled to prevent us from sharing and/or licensing your Personal Information to other companies under applicable law.  If you wish to exercise this right, please send an email to support@radar.tech with the subject line, “Privacy Policy.” We reserve the right to ask for information verifying your identity before we begin complying with your request.

• We will access, use, and share the Information as required to fulfill our contractual obligations to you, provide you with support, and to address your questions or requests regarding our Site;

• We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical, customer service and marketing assistance. In particular, RADAR uses a third-party cloud hosting provider to store user Information and configurations. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law;

• In an ongoing effort to better understand our customers and our Site, we may analyze certain Information in anonymized and/or aggregate form in order to operate, maintain, manage, and improve the Site and/or services offered thereby. This anonymous information does not identify you personally. We may use this anonymous information, and share and/or license it with and to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose anonymous user statistics in order to describe our Site and business to current and prospective business partners and to other third parties for other lawful purposes.

• We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us;

• As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets; and

• To the extent permitted by law, we may also disclose the Information: (i) in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements, (ii) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (iii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of RADAR or others.

If RADAR intends on using your Information in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Information is collected. We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, subsequently authorized, or as allowed under applicable law, or for such other period of time as may be set forth in the DPA.

III. Protection of Your Personal Information. We implement reasonable and appropriate security measures to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Personal Information that you supply will not be intercepted while being transmitted to and from us over the Internet.

IV. Accessing/Modifying Personal Information/Communication Preferences. To the extent you have registered for services through the Site, you may access, review, make changes to, and delete your Personal Information by following the instructions found on the Site or by sending an email to us at support@radar.tech with the subject line, “Privacy Policy.” We reserve the right to ask for information verifying your identity before we begin complying with a request to review, make changes to, and delete your Personal Information. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “Unsubscribe” link located on the bottom of any RADAR marketing email, or by sending us an email at support@radar.tech with the subject line, “Privacy Policy.” Registered users cannot opt out of receiving transactional or administrative e-mails related to their Site account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our databases.

V. Jurisdiction and Cross-Border Transfer. The Site is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. A user’s Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using the Site, a user consents to the transfer of information to countries outside of the User’s country of residence, including the United States, which may have data protection rules that are different from those of the User’s country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access a User’s Personal Information.

VI. Certain User Restrictions/Rights.

A. Children. The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13) years of age. We do not knowingly collect or solicit Information from children under thirteen (13). If you are a child under thirteen (13), please do not attempt to register for or otherwise use the Site or any of the services offered thereby or send us any Personal Information. If we learn we have collected Personal Information from a child under thirteen (13), we will delete that Information as quickly as possible. If you believe that a child under thirteen (13) may have provided us Personal Information, please contact us at legal@radar.tech. You represent and warrant that, if you are an individual, you are of legal age to form a binding contract.

B. California Residents. Under California Civil Code Section 1798.83, California residents have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.. If you are a California resident and (i) you wish to opt out; or (ii) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to support@radar.tech.

C. For Site Visitors in the European Union (“EU”). Under the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, or the “GDPR”), individuals in the EU are afforded specific rights with respect to their Personal Information, or “personal data” as defined under GDPR. For the purposes of this Privacy Policy, the Company operates as a data controller.  Any personal data we collect from you is processed in the United States and under the terms of this Privacy Policy.

As set forth in the table below and pursuant to GDPR, we have provided a description of the ways we plan to use your personal data, which of the legal bases we rely on to do so and the retention period for such personal data. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

Retention period

To provide you with the means to interact with our services.

(a) Identity data


(b) Contact data



(a) Performance of a contract with you


 (a) Necessary for our legitimate interests (for running our business) 

3 years after we have ceased to provide you with goods or services

To communicate with you for the purpose of marketing.

(a) Identity data. 


(b) Contact data. 


(c) Marketing data

The consent of the data subject

Until consent is withdrawn.

To understand how you use the Site.

(a) Technical data


(b) Usage data

Necessary for our legitimate interests (to keep our Site updated and relevant, to develop our business and to inform our marketing strategy).

3 years after we have ceased to provide you with goods or services

Notifying you about changes to our privacy notice

(a) Identity data


(b) Contact data

Necessary to comply with a legal obligation



3 years after we have ceased to provide you with goods or services

You can exercise any of the following rights by notifying us as described below:

Access. You may email us at support@radar.tech to request a copy of the personal data the Site’s databases currently contain.

Correction or Rectification. You can correct what personal data the Site database currently contains by accessing your account (if one) directly, or by emailing us at support@radar.tech to request that we correct or rectify any personal data that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause information to be incorrect. Where applicable, we will ensure such changes are shared with trusted third parties. Using the same email address associated with your use of the Site or your Site account, simply type the words “Correction or Rectification” in the subject line of your email.

Restrict Processing. When applicable, you may restrict the processing of your personal data by submitting a request via email to support@radar.tech. In your email, please explain how you wish us to restrict processing of your personal data. When such restrictions are not possible, we will advise you accordingly.  You can then choose to exercise any other rights under this Privacy Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties. Using the same email address associated with your use of the Site or your Site account, simply type the words “Restrict Processing” in the subject line of your email.

Object to Processing. When applicable, you have the right to object to the processing of your personal data by submitting a request via email to support@radar.tech. When such objections are not possible, we will advise you accordingly.  You can then choose to exercise any other rights under this Privacy Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties. Using the same email address associated with your use of the Site or your Site account, simply type the words “Object to Processing” in the subject line of your email.

Portability. Upon request and when possible, we can provide you with copies of your personal data.  You may submit a request via email to support@radar.tech.  When such a request cannot be honored, we will advise you accordingly.  You can then choose to exercise any other rights under this Privacy Policy, to include withdrawing your consent.  Where applicable, we will ensure such changes are shared with any trusted third parties. Using the same email address associated with your use of the Site or with your Site account, simply type the words “Portability / Personal Data” in the subject line of your email.

Withdraw Consent. At any time, you may withdraw your consent to our processing of your personal data through the Site by notifying us via email at support@radar.tech. Using the same email address associated with your use of the or your Site account, simply type the words “WITHDRAW CONSENT” in the subject line of your email. Upon receipt of such a withdrawal of consent, we will confirm receipt and proceed to stop processing your personal data.  Where applicable, we will ensure such changes are shared with trusted third parties.

Erasure. If you should wish to cease use of our Site and have your personal data deleted from our Site, then you may submit a request by emailing us at support@radar.tech. Upon receipt of such a request for erasure, we will confirm receipt and will confirm once your personal data has been deleted. Where applicable, we will ensure such changes are shared with trusted third parties.  Using the same email address associated with your use of the Site or your Site account, simply type the words “Erasure / Personal Data Deletion” in the subject line of your email.

Submit Complaints or Questions. If you wish to raise a complaint on how we have handled your personal data, you can contact us as described below. If you reside in a European Union member state, you may also lodge a complaint with the supervisory authority in your country. support@radar.tech. Using the same email address associated with your use of the Site or your Site account, simply type the words “Complaints or Questions” in the subject line of your email.

VII. Changes to this Privacy Policy/Acceptance. Once again, RADAR may update this Privacy Policy at any time. When we do, we will revise the updated date at the top of this page. We encourage users to frequently check this page for any changes to stay informed about our information practices. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications. Your continued use of the Site following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes. By using our Site, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Site.

VIII. Contacting Us. If you have any questions about this Privacy Policy, the practices of the Site, or your dealings with the Site, please contact us at: support@radar.tech.

Addendum A

Data Processing Addendum

This Data Processing Addendum (“DPA”) forms part of the Privacy Policy located at https://radar.tech/terms.html (the “Privacy Policy”) and any other applicable terms of use, terms and conditions, similar policies or other written terms or agreements between RADAR Relay, Inc. (“RADAR”) and Customer (as defined below) relating to the Site and related services (collectively, the “Agreement”). Unless otherwise defined in this DPA, all capitalized terms used in this DPA have the meanings ascribed to them in the Agreement. Customer and RADAR may each be referred in this DPA individually as a “Party” and together as the “Parties”.

1. Scope

1.1. Upon (i) using, visiting or accessing the Site, (ii) using, accessing, establishing an account through or purchasing any of the services, features or functions provided by or through the Site and/or (iii) clicking “accept”, “agree”, or “OK” (or a similar term) with respect to any RADAR terms and conditions, terms of use or similar policies (generally and collectively, the, “Terms”), you, (the “Customer”) agree to the terms of this DPA, as applicable. Customer acknowledges and agrees that it is entering into this DPA on behalf of itself, and as applicable, in the name and on behalf of its Affiliates (as defined below), thereby establishing a DPA between RADAR and each such Affiliate, subject to the provisions of the Agreement and this DPA. Each Affiliate agrees to be bound by the obligations of this DPA and any violation of the terms of this Agreement shall be deemed a violation by the Customer.

1.2. This DPA sets forth confidentiality, security, and data privacy requirements with respect to the processing of all Customer Personal Data (as defined below) in connection with RADAR’S provision of the Site and related services set forth in the Terms, and as agreed upon from time to time (the “Services”). Should RADAR determine that any Customer Processing request or instruction infringes the Regulation or applicable Data Protection Regulation, RADAR will notify Customer.

1.3. In the event of any conflict between the provisions of this DPA and the provisions set forth in the Agreement, the provisions of this DPA will apply and control.

2. Definitions

2.1. “Affiliates” means – unless defined differently under the Agreement – any organization or entity directly or indirectly controlling, controlled by, or under common control with Customer.

2.2. “Data Protection Legislation” means the laws regulations, and international agreements that contemplate the Processing of Personal Data as applicable to this DPA.

2.3. “Data Subject” means an identified or identifiable natural person to whom Personal Data relates. An identifiable person is one who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to his physical, physiological, genetic, mental, economic, cultural or social identity. 

2.4. “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2.5. “Processing” or “Process” means any operation or set of operations which is performed upon Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

2.6. “Security Incident” means any breach of security that may lead to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed in connection with the Services.

2.7. “Sub-Processor” means any data processor engaged by RADAR in connection with the provision of the Services.

2.8. “Supervisory Authority” means a data protection authority or similar regulatory or supervisory body as defined under applicable Data Protection Legislation, including the Regulation.

2.9. “The Regulation” means Regulation (EU) 2016/679 (as amended, including by any rules, regulations, implementing acts, delegating acts, national implementing legislation and regulations, and guidance) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and any applicable successor data protection regulation(s).

3. Processing of Personal Data

The Parties acknowledge and agree that with regard to the Processing of Customer Personal Data under the Data Protection Legislation and this DPA, Customer is the Controller and RADAR is the Processor. Each Party will comply with the obligations applicable to it under the Data Protection Legislation, including but not limited to the Regulation, with respect to the Processing of Customer Personal Data. The types of Customer Personal Data and categories of Data Subjects that may be Processed under this DPA, include, without limitation, contact information, billing information, information regarding your use of the Site and Services and such other types of information as are set forth in the Agreement or provided to us by a Customer.

4. RADAR’s Obligations as Processor

In regards to the processing of Customer Personal Data, RADAR agrees as follows:

4.1. RADAR will, for the period of the Agreement or until Customer notifies RADAR that it wishes to cancel its use of the Services, Process Customer Personal Data as necessary to perform the Services under the Agreement and for the purposes Customer has provided the Customer Personal Data.

4.2. RADAR will implement and maintain appropriate technical and organizational measures to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed.

4.3. Customer consents to RADAR’S use of Sub-Processors to fulfill its contractual obligations under the Agreement and this DPA. RADAR will implement and maintain appropriate measures to keep all Personal Data confidential and impose legally binding confidentiality obligations on any personnel, contractor, Sub-Processor, or other third party that Process or otherwise have access to Personal Data; such obligations will meet or exceed the requirements set forth in applicable Data Protection Legislation and will survive the termination of the employment relationship. Information regarding current Sub-Processors, including their location and services will be provided within a reasonable time upon request by Customer. This Sub-Processor list may be updated from time to time. RADAR will provide Customer with advance notice before a new Sub-Processor begins Processing any Customer Personal Data.

4.4. Where RADAR, in accordance with the Agreement, engages a Sub-Processor for carrying out specific Processing activities, RADAR will enter into a written agreement with the Sub-Processor that imposes the same data protection obligations and restrictions as set forth in this DPA on the Sub-Processor. Such agreement will provide sufficient guarantees to implement appropriate technical and organizational measures such that the Processing will meet the requirements of applicable law including the Regulation.

5. International Transfers

RADAR represents and warrants that it has a legitimate business purpose and valid legal basis under applicable law for any transfers of Personal Data outside the European Economic Area. At Customer’s request, RADAR will provide Customer with copies of any instruments, including (but not limited to) Standard Contractual Clauses, Privacy Shield Certifications, or consent records, upon which it bases transfers outside the European Economic Area of any Personal Data related to the Services.

6. Information Security and Security Incidents

RADAR will notify Customer, without undue delay, after becoming aware of an accidental, unauthorized or unlawful access, destruction, disclosure, alteration or loss of Customer Personal Data (Data Incident”) transmitted, stored or otherwise Processed by RADAR or its Sub-Processors (“Data Incident Notification”). RADAR will take reasonable steps to identify the cause of the Data Incident and take steps to remediate the cause of such Data Incident to the extent such remediation is within RADAR’s reasonable control. Notification will be delivered to the email address associated with Customer’s Site account. Customer is responsible for keeping the contact information associated with Customer’s account current.

7. Cooperation and Inquiries

7.1. RADAR will provide reasonable assistance to Customer where necessary to assist with the deletion and return of Customer Personal Data upon a Data Subject’s request.

7.2. RADAR shall make available to Customer all information that is reasonably necessary and within RADAR’s control, for Customer to fulfill its obligations under applicable Data Protection Legislation, the Regulation, and the terms of this DPA, including demonstrating compliance therewith.

7.3. The Parties agree to cooperate with each other to promptly and effectively handle inquiries, complaints, audits, or claims from any court, governmental official, Supervisory Authority, third parties or individuals (including but not limited to the Data Subjects).

7.4. With regards to the protection of the Data Subject’s rights pursuant to applicable law and the Regulation, RADAR will fully cooperate with and assist Customer in responding to such Data Subjects requests. If a Data Subject contacts RADAR to exercise his/her individual rights, RADAR will direct such Data Subject to Customer, will inform the Data Subject that he/she may exercise these rights solely vis-à-vis the Customer, and will further communicate with the Data Subject solely in accordance with Customer’s instructions. RADAR will enable Customer to promptly facilitate the execution of such requests (such as requests for access, rectification, erasure, restriction or portability of Personal Data) at Customer’s request.

8. Audit

8.1. Upon Customer’s written request, RADAR will make available to Customer documentation sufficient to demonstrate that RADAR’s Processing of Personal Data complies with applicable law, including the Data Protection Legislation and the Regulation; Customer agrees to reasonably cooperate with RADAR to identify any particular documentation that may be required. Such documentation will include a copy of all third-party certifications and/or audits, in their then-most-current form, that relate to RADAR’s compliance with data protection, privacy, or information security standards or requirements.

8.2. If, in Customer’s reasonable discretion, the documentation provided by RADAR under Section 8.1 fails to demonstrate RADAR’s compliance with any provision or aspect applicable Data Protection Legislation, Customer may perform an audit of RADAR, at Customer’s sole cost, that includes on-site inspection, for which Customer agrees to provide thirty (30) days’ notice. Customer agrees that such audit will take place during normal business hours and will not disrupt RADAR’s normal business operations. Customer further agrees that Customer shall only have the right to audit RADAR once per calendar year. RADAR agrees to permit and reasonably contribute to such audit, and to ensure that its Sub-Processors permit and contribute to the audit as Customer reasonably deems necessary. 

9. Term

This DPA shall remain in force until the date on which the Agreement expires or is terminated in accordance with its terms.

10. Return/Deletion of Personal Data

Upon termination of the Agreement, RADAR, at the option of Customer, will (i) return all Customer Personal Data Processed in connection with the Services to Customer in a structured, commonly used, and machine-readable format, and will irretrievably delete existing copies and backups, or (ii) destroy and irretrievably delete all Customer Personal Data Processed in connection with the Services, including materials or media containing such Customer Personal Data, and including all copies and backups. RADAR agrees to certify deletion meeting the requirements of this Section upon Customer’s request.

11. Governing Law

This DPA will be governed by and construed in accordance with the laws of the jurisdiction identified in the Agreement as providing the law applicable to the Agreement, if any, except and solely to the extent that a court or administrative body of competent jurisdiction determines that mandatory provisions of applicable data protection law require otherwise.

12. Modification of the DPA

This DPA may only be modified by means of a written amendment signed by both Parties.

13. Invalidity and Severability

If any provision of this DPA is found by any court or administrative body of competent jurisdiction to be void, invalid, illegal or otherwise unenforceable, all other terms and provisions of this DPA shall nevertheless remain in full force and effect, and the invalidity or unenforceability of such provision will not adversely affect the enforceability of any other provision of this DPA. The Parties agree that in the place of the invalid provision, a legally binding provision shall apply which provides for the greatest protection of personal data and most closely approximates what the Parties would have agreed to if they had contemplated the partial invalidity.