Thanks for using our products and services (“Services”). The Services are provided by PhoenixSocial.net. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on PhoenixSocial's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on PhoenixSocial's web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by PhoenixSocial at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on PhoenixSocial's web site are provided "as is". PhoenixSocial makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PhoenixSocial does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall PhoenixSocial or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on PhoenixSocial's Internet site, even if PhoenixSocial or a PhoenixSocial authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on PhoenixSocial's web site could include technical, typographical, or photographic errors. PhoenixSocial does not warrant that any of the materials on its web site are accurate, complete, or current. PhoenixSocial may make changes to the materials contained on its web site at any time without notice. PhoenixSocial does not, however, make any commitment to update the materials.
PhoenixSocial has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PhoenixSocial of the site. Use of any such linked web site is at the user's own risk.
General Terms and Conditions applicable to Use of a Web Site.
We strive to provide our users with industry leading support. For any sales or technical questions, please email us at firstname.lastname@example.org.
Customers who are not completely satisfied with our services may request a full refund within the first 30 days of their new subscription. Refunds will be processed through our customer support staff who can be reached at email@example.com Refunds are not applicable to free credits or services. PhoenixSocial reserves the right to meet customer satisfaction and all refunds must be processed in due diligence and due process.
10. Privacy Shield Notice
Introduction and Definition
PhoenixSocial Inc. (“We” or “Our”) is in the process of certifying EU-U.S. and Swiss-U.S. Privacy Shield with respect to the personal data we receive and process on behalf of our customers through our channel program management platform (the “Services”). Once approved, PhoenixSocial certifies that it adheres to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement for personal data submitted by our customers in participating European countries through the Services, and our Privacy Shield certification will be available here. We may also process personal data our customers submit relating to individuals in the EU via other compliance mechanisms, including data processing agreements based on the EU Standard Contractual Clauses.
We provide the Services so that our customers can operate their channel program to work with partners. In providing these Services, we process data our customers submit to the Services or instruct us to process on their behalves in connection with the Services (“Customer Data”).
Purposes of Data Processing
We process Customer Data submitted by customers for the purpose of providing the Services to customers. To fulfill these purposes, we may access data to provide the Services, to prevent or address service or technical problems, to respond to customer support matters, to follow the instructions of our customer who submitted the data, or in response to contractual requirements with our customers.
Third Parties With Whom We May Share Customer Data
We use a limited number of third party providers to assist us in providing the Services to our customers. As of the date hereof, these third party providers perform technical operations such as database monitoring, data storage and hosting services and customer support software tools. These third parties may access, process or store personal data in the course of providing these services, but based on our instructions only. If we receive personal data subject to our certification under the Privacy Shield and then transfer it to a third-party service provider acting as an agent on our behalf, we have certain liability under the Privacy Shield if both (i) the agent processes the personal data in a manner inconsistent with the Privacy Shield and (ii) we are responsible for the event giving rise to the damage.
Questions or Complaints:
If you are a resident of a European country participating in the Privacy Shield and you believe we maintain your personal data within the scope of this Privacy Shield certification, you may direct any questions or complaints concerning our Privacy Shield compliance to security (@) PhoenixSocial.com or at our email:
We will work with you to resolve your issue.
If you are a resident of a European country participating in the Privacy Shield and you have not received timely response to your concern, or we have not addressed your concern to your satisfaction, you may seek further assistance, at no cost to you, from your regional EU Data Protection Authority (DPA) who we have committed to cooperate with as a recourse mechanism.
If you are a Swiss Citizen please contact Swiss Federal Data Protection and Information Commissioner (FDPIC) who is our SWISS-U.S resource mechanism.
For any Privacy Shield disputes that cannot be resolved by the methods above, you may be able to invoke a binding arbitration process under certain conditions. To find out more about the Privacy Shield’s binding arbitration scheme, please see: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
The Federal Trade Commission has investigation and enforcement authority over PhoenixSocial's compliance with the Privacy Shield Framework.
You may also be able to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, a resident of a European country participating in the Privacy Shield must first: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from your regional EU Data Protection Authority and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding arbitration, each party shall be responsible for its own attorney’s fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the resident.
U.S. Federal Trade Commission Enforcement
Our Privacy Shield compliance is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
Right of Access
Requirement to Disclose
We may disclose personal data when we have a good faith belief that such action is necessary to: conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements; or to enforce our contractual obligations.