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.
Rules of Conduct. In connection with the Site, you must not:
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.
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.
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.
• 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 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.
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.
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 firstname.lastname@example.org. 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 email@example.com.
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.
You can exercise any of the following rights by notifying us as described below:
• Access. You may email us at firstname.lastname@example.org 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 email@example.com 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.
• 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 firstname.lastname@example.org. 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 email@example.com. 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. firstname.lastname@example.org. 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.
Data Processing Addendum
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.
2.1. “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.
8.1. 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.
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.