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METRICNET MASTER DATA LICENSE AGREEMENT AND REFUND POLICY

TERMS AND CONDITIONS

Scope of Agreement; Definitions.  This Agreement is between You and MetricNet, LLC, a Virginia limited liability corporation, and covers (i) the license and permitted use of MetricNet Reports, information, data, benchmarks, calculators, scorecards, presentations, tools, templates, presentation formats, methodologies, and all other content and materials purchased by You.  Unless otherwise defined in this section, the capitalized terms used in this Agreement shall be defined in the context in which they are used. The following terms shall have the following meanings:

“Company” means the legal entity specified in the Order and does not include any of its subsidiaries or affiliates.

“Ordered Reports” means any Reports or other content, including but not limited to benchmarks, scorecards, calculators, tools, templates, PowerPoint presentations, documents and reports in PDF format, Excel spreadsheets, Word documents, raw data in any format whatsoever, or other information, ordered by You from this website pursuant to a valid order.

“Order” means a valid order for specified MetricNet Reports placed by You through this website.

“Reports” means the presentations, documents and reports in PDF or PowerPoint format, Excel spreadsheets, Word documents, raw data in any format whatsoever, or any other information created by MetricNet and offered for license through this website.

“You” or “Your” means (i) the Company that you represent and/or are employed by or (ii) the person placing the order if acting in an individual capacity and not on behalf of a legal entity.

Grant of License.  In conjunction with Your purchase of a License to the MetricNet Reports, You are granted either an Internal License or a Single Use Consulting License as follows:

Internal Use License.  If You desire to use the Ordered Reports solely for Your internal purposes and not for providing consulting services, You are granted a non-exclusive, non-transferable right and license (i) to download the Ordered Reports once from the Website to a single computer, (ii) to maintain a reasonable number of electronic copies of the Ordered Reports and (iii) to maintain a reasonable number of paper copies of the Ordered Reports; provided that all electronic and paper copies reside with You and are for Your internal use only.  With this license grant, in addition to the License Restrictions set forth in Section 3 below, You are not allowed to use the Ordered Reports in conjunction with any consulting services or projects external to You or Your Company. Once You have used the Ordered Reports for internal purposes, You may not use the Ordered Reports for providing consulting services external to You or Your Company.

Single Use Consulting License.  If You are a consulting company or provide consulting services external to You or Your Company and desire to use the Ordered Reports to provide consulting and advisory services to one of Your clients or customers, and not for Your internal purposes, You are granted a non-exclusive, non-transferable right and license (i) to download the Ordered Reports once from the Website to a single computer, (ii) to maintain a single electronic copy of the Ordered Report, (iii) to maintain a single paper copy of the Ordered Report and (iv) to use the Ordered Report once solely in conjunction with a single consulting project for a single client or customer.  With this license grant, in addition to the License Restrictions set forth in Section 3 below, You are not allowed to use the Ordered Reports for Your internal purposes. Once You have used the Ordered Reports for providing consulting services, You may not use the Ordered Reports for internal purposes.

The forgoing notwithstanding, any use of the reports in whole or in part, either internally or for consulting purposes, must clearly show MetricNet as the originator and author of the reports, and must prominently display the MetricNet website address on the reports, www.metricnet.com.

License Restrictions.

Prohibited Acts.   You are prohibited from (a) making any copies of the Ordered Reports, in whole or in part, in excess of the number of copies specified in the Order, (b) transmitting or distributing the Ordered Reports, in whole or in part, outside of the Company, or to its subsidiaries or affiliates, in the event You are a Company, or to any other person if You are an individual, (c) making the Ordered Reports available through a website for viewing or downloading, (d) sharing the reports, in whole or in part, electronically, by oral communication, or in print format, with Your customers or clients without first purchasing a Single Use Consulting License from MetricNet, (e) using any data or information from the reports in articles, press releases, research papers, conferences, presentations, symposia, or any other medium that will be shared outside of You or Your company, (f) using any data or information from the reports for consulting and advisory purposes to customers or clients outside of You or Your company without first purchasing a Single Use Consulting License from MetricNet or (g) removing, altering or obscuring any copyright or proprietary notice, labels or marks on any Ordered Reports.

Intellectual Property.  MetricNet retains all title, copyright and other intellectual proprietary rights in, and ownership of, the Ordered Reports regardless of the type of access or media upon which the original or any copy may be recorded or fixed. This Agreement does not transfer to You any title or any ownership right or interest in any Ordered Report.  You do not acquire any rights, express or implied, other than those expressly granted in this Agreement.

Intellectual Property Indemnification.  MetricNet shall at its expense defend You against all claims arising out of any third party allegation that the Reports or Ordered Reports provided by MetricNet infringe a United States or Canadian patent, copyright or trademark or other similar intellectual property right, and in addition, MetricNet will pay any judgment awarded against You or any settlement agreement agreed to by MetricNet.  Notwithstanding the above, MetricNet is not liable to indemnify or defend You for (i) claims based on modifications to the Reports performed by parties other than MetricNet; or (ii) Client’s use of the Reports in a way not authorized by this Agreement. MetricNet shall at its option and expense, (i) obtain rights for You to continue using the Reports, (ii) replace the Reports so as to perform materially in accordance with the sales materials without infringement, or if (i) or (ii) are not achievable after MetricNet has exerted commercially reasonable efforts, MetricNet may terminate the Agreement and refund You all of the fees for the then current term of the Agreement.  This section recites Your exclusive remedy for any infringement Claims or damages.

Indemnity Procedures.  You shall: (i) within thirty (30) days after becoming aware of any claim, give written notice of the claim to MetricNet; (ii) grant sole control of the defense and settlement of the claim to the MetricNet; and (iii) provide reasonable cooperation to the MetricNet and, at MetricNet’s request and expense, assistance in the defense or settlement of the claim.

Limited Warranty and Disclaimer.

Warranty.  MetricNet warrants that it has the right and authority to make the Ordered Reports available for license pursuant to the terms herein.   

Disclaimer.  THE FOREGOING EXPRESS WARRANTIES REPLACE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS BY THE PARTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.  THE ORDERED REPORT(S) AND ALL DATA AND INFORMATION CONTAINED THEREIN ARE “AS IS” WITHOUT WARRANTY OF ANY KIND AND METRICNET EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, VALUE, ORIGIN, DATE, OR USEFULNESS OF THE ORDERED REPORTS OR THE DATA AND INFORMATION CONTAINED THEREIN.

Exclusive Remedy.  MetricNet’s sole obligation and liability, and Your sole and exclusive remedy, under the warranties set forth in this section shall be for MetricNet to use commercially reasonable efforts to remedy the problem, provided that MetricNet is notified in writing of all warranty problems during the applicable warranty period.

Limitations and Exclusions.  IN NO EVENT WILL A PARTY’S AGGREGATE LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS) ARISING FROM OR RELATED TO THIS AGREEMENT OR AN ORDERED REPORT EXCEED MORE THAN THREE TIMES THE AMOUNT PAID BY YOU TO METRICNET FOR THE ORDERED REPORT GIVING RISE TO SUCH ACTION.  IN NO EVENT WILL A PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, DAMAGES (INCLUDING WITHOUT LIMITATION, LIABILITIES RELATED TO A LOSS OF USE, PROFITS, GOODWILL OR SAVINGS OR A LOSS OR DAMAGE TO ANY SYSTEMS, RECORDS OR DATA) WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED IN ADVANCE OR AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.  

Verification.  At MetricNet’s request You agree to complete a self-audit questionnaire in a form provided by MetricNet.  If an audit reveals unlicensed use of the Ordered Reports, You agree to promptly order and pay for sufficient licenses to permit all usage disclosed.

Termination. The license right granted herein shall terminate automatically upon Your violation of Section 2 (Grant of License) or Section 3.1 (Prohibited Acts).  Upon termination of the license, You shall destroy all electronic and paper copies of the Reports.

Remedies.

Injunction. You acknowledge that the Reports are unique and valuable, and that use or disclosure of the Reports in breach of this Agreement will result in irreparable injury to MetricNet for which monetary damages alone would not be an adequate remedy.  Therefore, You agree that in the event of a breach or threatened breach of the license rights and restrictions herein, MetricNet shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond.  Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages.

Damages. In addition to, and not in lieu of, any rights or remedies available under law, in the event You are found to be in violation of Section 2 (Grant of License) or Section 3.1 (Prohibited Acts), You agree to pay MetricNet (i) as liquidated damages, an amount equal to $10,000 for each violation, plus an additional $10,000 for each violation that is determined by a court to be the result of Your intentional or grossly negligent conduct and (ii) for any attorneys fees and expenses incurred by MetricNet in conjunction with the enforcement of this agreement.   

Refund Policy.

Any Ordered Reports purchased by YOU from this website, pursuant to a valid order, are NON-REFUNDABLE.  ALL PURCHASES ARE FINAL.  

Miscellaneous.

Legal Compliance; Restricted Rights.   Each Party agrees to comply with all applicable Laws.  Without limiting the foregoing, You agree to comply with all U.S. export Laws and applicable export Laws of Your locality (if You are not located in the United States), and You agree not to export any Ordered Reports or other materials provided by MetricNet without first obtaining all required authorizations or licenses.  

Government Use.  In the event that You are an agency of the United States Government or that a license granted hereunder is pursuant to a contract with either a defense or civilian agency of the United States Government, You acknowledge that the Reports provided to You hereunder constitute Limited Rights Data developed at private expense and are subject to the terms and restrictions of this Agreement pursuant to FAR 27.405-3 and DFARS 227.7202.  

Governing Law; Severability.  This Agreement shall be governed by the laws of the State of Nevada, USA, without regard to choice-of-law provisions.  If any provision of this Agreement is held to be illegal or unenforceable for any reason, then such provision shall be deemed to be restated so as to be enforceable to the maximum extent permissible under law, and the remainder of this Agreement shall remain in full force and effect.  You and MetricNet agree that this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

General.  This Agreement is the Parties’ complete agreement regarding the licensing of Reports and other subject matter, superseding any prior oral or written communications.  Amendments or changes to this Agreement must be in mutually executed writings to be effective. Any terms or conditions in a purchase order shall be void and have no effect, and the provisions of this Agreement shall control.  Sections 2, 3, 4, 5 and 8 shall survive the termination or expiration of this Agreement.

MetricNet, LLC
email: info@metricnet.com
www.metricnet.com

PRIVACY POLICY

At MetricNet, LLC, your privacy and data protection is incredibly important. The following Privacy Policy outlines how MetricNet uses the information you provide via forms on our website, what MetricNet collects during a variety of situations, how we protect your information, and finally, your rights when it comes to updates and removal requests.

MetricNet’s Privacy Policy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). The information contained herein is designed to be transparent and understandable.

This policy is effective from May 25, 2018 and immediately replaces any and all previous MetricNet Privacy Policies. MetricNet may, from time to time, make changes to this Privacy Policy. When significant changes are made and as required by law, MetricNet may email you for your consent. When changes are not deemed significant or when notifications are not required by law, we will simply update this web page. It is your responsibility as a user of MetricNet services to make sure that you are aware of changes posted on this web page, by regularly checking for any changes. Changes posted on this page will become effective as soon as they are posted and the effective date in this paragraph will change.

We have structured our Privacy Policy as follows:

1.0 Data Collection, Data Use and Data Processing – What personal information we collect in various situations. Data Use – How we intend to use your personal information in various situations. Data Processing – The reason we collect personal information in various situations;

2.0 Data Sharing – MetricNet will never rent or sell your information to any other entities; however, in some cases, it may be necessary to disclose your personal information to other organizations (i.e. when processing a payment for a downloadable benchmark.)

3.0 Data Rights – Your rights as it relates to updates and removals.

4.0 Cookies – How MetricNet uses cookies.

5.0 Plugins – Plugins used on our website and their respective Privacy Policies

6.0 Data Storage – The length of time you can anticipate your data to be saved in various situations.

7.0 Contact Information – How to reach MetricNet with questions about this Privacy Policy, data updates or data removal.

1.0 Data Collection, Data Use and Data Processing

1.1 General Identifying Data

MetricNet collects a series of general data and information when you call up the website. This general data is stored in the server log files. Information collected may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using this general data and information, MetricNet does not draw any conclusions about you. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, MetricNet analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data in server log files is stored separately from all personal data provided by you.

1.2 Subscription to MetricNet’s Resource Library

When visiting certain pages on MetricNet.com, you will be presented with an opportunity to subscribe to our resource library. During this process, we ask for some basic personal information including (1) Your name, (2) your mailing address, (3) your email address, (4) your phone number, (5) your company name, (6) your job title, (7) your consent to receive communication from MetricNet.

MetricNet informs its customers and members regularly by means of email announcement about new products, upcoming webcasts and upcoming events. The enterprise’s resource library may only be accessed if (1) you submit a valid e-mail address and (2) you complete the registration checkout for the resource library. A confirmation e-mail will be sent to the e-mail address you enter for the first time for resource library. This confirmation e-mail is used to prove whether the owner of the e-mail address is authorized to become a member.

During the registration for the resource library, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by you at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address at a later date, and it therefore serves the aim of the legal protection of MetricNet.

In addition, subscribers to the resource library may be informed by e-mail, as long as this is necessary for the operation of the resource library service or a registration in question, as this could be the case in the event of modifications to the resource library, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the resource library service to third parties. The subscription to our resource library may be terminated by you at any time. The consent to the storage of personal data, which you have given for access of the resource library, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each email announcement. It is also possible to unsubscribe from the resource library at any time by contacting us using the information in section 7.0 of this Privacy Policy.

1.3 Purchase of a Downloadable MetricNet Benchmark

When visiting certain pages on MetricNet.com, you will be presented with an opportunity to purchase a downloadable benchmark. During this process, we ask for some basic personal information including (1) Your name, (2) your mailing address, (3) your email address, (4) your phone number, (5) your company name, (6) your job title, (7) your consent to receive communication from MetricNet, and (8) your payment information – either credit card or purchase order request.

During the purchase of a downloadable benchmark, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by you at the time of the registration, as well as the date and time of the purchase. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address or credit card at a later date, and it therefore serves the aim of the legal protection of MetricNet.

In addition, purchasers of a downloadable benchmark may be informed by e-mail, as long as this is necessary for the operation of the online shop or a purchase in question, as this could be the case in the event of modifications to the benchmark purchased, or in the event of a change in technical circumstances. There will be a transfer of personal data collected by the shop to third parties in the event of a credit card sale. Details of this data transfer can be found in section 2.0 of this Privacy Policy. Each downloadable benchmark comes with a complimentary subscription to our resource library. The subscription to our resource library may be terminated by you at any time. The consent to the storage of personal data, which you have given for access of the downloadable benchmark, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each email announcement. It is also possible to unsubscribe from MetricNet communication at any time by contacting us using the information in section 7.0 of this Privacy Policy.

1.4 Quote and Contact Forms

When visiting certain pages on MetricNet.com, you will be presented with an opportunity to request a quote, contact us or request a call back. During this process, we ask for some basic personal information including (1) Your name, (2) your mailing address, (3) your email address, (4) your phone number, (5) your company name, (6) your job title, (7) your consent to receive communication from MetricNet.

During the completion of a quote or contact form, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by you at the time of the form completion, as well as the date and time of the form completion. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address at a later date, and it therefore serves the aim of the legal protection of MetricNet.

In addition, you may be contacted by e-mail or phone, as long as this is necessary for the operation of the form being completed. There will be no transfer of personal data collected by the quote or contact form to third parties. The consent to the storage of personal data, which you have given for MetricNet to contact you, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each email announcement. It is also possible to unsubscribe from MetricNet communication at any time by contacting us using the information in section 7.0 of this Privacy Policy.

2.0 Data Sharing

MetricNet has integrated components of Authorize.net on MetricNet.com. Authorize.net is an online payment service provider. Authorize.net is able to process virtual payments through credit cards. Authorize.net makes it possible to trigger online payments to third parties or to receive payments.

If you choose chooses “Credit Card” as the payment option in the online shop during the ordering process, we automatically transmit your personal information to Authorize.net. By selecting this payment option, you agree to the transfer of personal data required for payment processing.

The personal data transmitted to Authorize.net is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, billing address, credit card number, expiration date, CVV code or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.

The transmission of the data is aimed at payment processing and fraud prevention. MetricNet will transfer personal data to Authorize.net, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between Authorize.net and MetricNet for the processing of the data will be transmitted by Authorize.net to economic credit agencies. This transmission is intended for identity and creditworthiness checks.

Authorize.net will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.

You have the possibility to revoke consent for the handling of personal data at any time from Authorize.net. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of Authorize.net may be retrieved under https://www.authorize.net/company/privacy/.

3.0 Data Rights

3.1  Right of confirmation
You shall have the right granted by the European legislator to obtain from MetricNet the confirmation as to whether or not personal data concerning you is being processed. If you wish to exercise this right of confirmation, you may, at any time, contact any employee of MetricNet.

3.2 Right of access
You shall have the right granted by the European legislator to obtain from MetricNet free information about your personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant you access to the following information:

the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from you, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, you shall have a right to obtain information as to whether personal data is transferred to a third country or to an international organization. Where this is the case, you shall have the right to be informed of the appropriate safeguards relating to the transfer.

If you wish to exercise this right of access, you may, at any time, contact any employee of MetricNet.

3.3 Right to rectification
You shall have the right granted by the European legislator to obtain from MetricNet without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If you wish to exercise this right to rectification, you may, at any time, contact any employee of MetricNet.

3.4 Right to erasure (Right to be forgotten)
You shall have the right granted by the European legislator to obtain from MetricNet the erasure of personal data concerning you without undue delay, and MetricNet shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
You withdraw consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
The personal data has been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which  MetricNet is subject.
The personal data has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and you wish to request the erasure of personal data stored by MetricNet, you may, at any time, contact any employee of MetricNet. An employee of MetricNet shall promptly ensure that the erasure request is complied with immediately.

Where MetricNet has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, MetricNet, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other parties processing the personal data that you have requested erasure by such parties of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of MetricNet will arrange the necessary measures in individual cases.

3.5 Right of restriction of processing
You shall have the right granted by the European legislator to obtain from MetricNet, restriction of processing where one of the following applies:

The accuracy of the personal data is contested by you, for a period enabling MetricNet to verify the accuracy of the personal data.
The processing is unlawful and you oppose the erasure of the personal data and requests instead the restriction of their use instead.
MetricNet no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims.
You have objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of MetricNet override those of you.
If one of the aforementioned conditions is met, and you wish to request the restriction of the processing of personal data stored by MetricNet, you may at any time contact any employee of MetricNet. The employee of MetricNet will arrange the restriction of the processing.

3.6 Right to data portability
You shall have the right granted by the European legislator, to receive the personal data concerning you, which was provided to MetricNet or a third party, in a structured, commonly used and machine-readable format. You shall have the right to transmit this data to another third party without hindrance from the third party to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in MetricNet or a third party.

Furthermore, in exercising your right to data portability pursuant to Article 20(1) of the GDPR, you shall have the right to have personal data transmitted directly from one third party to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, you may at any time contact any employee of MetricNet.

3.7 Right to object
You shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning you, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

MetricNet shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

If MetricNet processes personal data for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If you object to MetricNet processing for direct marketing purposes, MetricNet will no longer process the personal data for these purposes.

In addition, you have the right, on grounds relating to your particular situation, to object to processing of personal data concerning you by MetricNet for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, you may contact any employee of  MetricNet. In addition, you are free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use your right to object by automated means using technical specifications.

3.8 Automated individual decision-making, including profiling
You shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you, or similarly significantly affects you, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between you and MetricNet or a third-party, or (2) is not authorized by Union or Member State law to which MetricNet is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or (3) is not based on your explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between you and MetricNet or a third-party, or (2) it is based on your explicit consent, MetricNet shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of MetricNet, to express your point of view and contest the decision.

If you wish to exercise the rights concerning automated individual decision-making, you may, at any time, contact any employee of MetricNet.

3.9 Right to withdraw data protection consent
You shall have the right granted by the European legislator to withdraw your consent to processing of your personal data at any time.

If you wish to exercise the right to withdraw the consent, you may, at any time, contact any employee of MetricNet.

4.0 Cookies

MetricNet.com uses cookies to recognizes our website users. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers uses cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, MetricNet is able to provide you with a more user-friendly website experience that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind.  The purpose of this recognition is to make it easier for users to utilize our website. Any website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

You may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If you choose to deactivate cookies in the Internet browser used, not all functions of our website may be entirely usable.

5.0 Plugins

5.1 Facebook

On this website, MetricNet has integrated components of the enterprise Facebook. Facebook is a social network.

A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, MetricNet is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet website, which is operated by MetricNet and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of you are automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by you.

If you are logged in at the same time on Facebook, Facebook detects with every call-up to our website by you—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by you. This information is collected through the Facebook component and associated with the respective Facebook account of you. If you click on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if you submit a comment, then Facebook matches this information with the personal Facebook user account of you and stores the personal data.

Facebook always receives, through the Facebook component, information about a visit to our website by you, whenever you are logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether you click on the Facebook component or not. If such a transmission of information to Facebook is not desirable for you, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of you. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by you to eliminate a data transmission to Facebook.

5.2 Google Analytics

On this website, MetricNet has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics MetricNet uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of you are abridged by Google and anonymized when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology system of you. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by MetricNet and into which a Google Analytics component was integrated, the Internet browser on the information technology system of you will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of you, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by you. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by you, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

You may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of you. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, you have the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, you must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of you are later deleted, formatted, or newly installed, then you must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by you or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

5.3 Google+

On this website, MetricNet has integrated the Google+ button as a component. Google+ is a so-called social network. A social network is a social meeting place on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Google+ allows users of the social network to include the creation of private profiles, upload photos and network through friend requests.

The operating company of Google+ is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

With each call-up to one of the individual pages of this website, which is operated by MetricNet and on which a Google+ button has been integrated, the Internet browser on the information technology system of you automatically downloads a display of the corresponding Google+ button of Google through the respective Google+ button component. During the course of this technical procedure, Google is made aware of what specific sub-page of our website was visited by you. More detailed information about Google+ is available under https://developers.google.com/+/.

If you are logged in at the same time to Google+, Google recognizes with each call-up to our website by you and for the entire duration of his or her stay on our Internet site, which specific sub-pages of our Internet page were visited by you. This information is collected through the Google+ button and Google matches this with the respective Google+ account associated with you.

If you click on the Google+ button integrated on our website and thus gives a Google+ 1 recommendation, then Google assigns this information to the personal Google+ user account of you and stores the personal data. Google stores the Google+ 1 recommendation of you, making it publicly available in accordance with the terms and conditions accepted by you in this regard. Subsequently, a Google+ 1 recommendation given by you on this website together with other personal data, such as the Google+ account name used by you and the stored photo, is stored and processed on other Google services, such as search-engine results of the Google search engine, the Google account of you or in other places, e.g. on Internet pages, or in relation to advertisements. Google is also able to link the visit to this website with other personal data stored on Google. Google further records this personal information with the purpose of improving or optimizing the various Google services.

Through the Google+ button, Google receives information that you visited our website, if you at the time of the call-up to our website is logged in to Google+. This occurs regardless of whether you click or doesn’t click on the Google+ button.

If you do not wish to transmit personal data to Google, he or she may prevent such transmission by logging out of his Google+ account before calling up our website.

Further information and the data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/. More references from Google about the Google+ 1 button may be obtained under https://developers.google.com/+/web/buttons-policy.

5.4 LinkedIn

MetricNet has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.

The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.

With each call-up to one of the individual pages of this Internet site, which is operated by MetricNet and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of you are automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by you.

If you are logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by you—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by you. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of you. If you click on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of you and stores the personal data.

LinkedIn receives information via the LinkedIn component that you have visited our website, provided that you are logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for you, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.

LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.

5.5 Twitter

On this website, MetricNet has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.

The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by MetricNet and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of you are automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by you. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.

If you are logged in at the same time on Twitter, Twitter detects with every call-up to our website by you and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by you. This information is collected through the Twitter component and associated with the respective Twitter account of you. If you click on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of you and stores the personal data.

Twitter receives information via the Twitter component that you have visited our website, provided that you are logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for you, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.

The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.

5.6 YouTube

On this website, MetricNet has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by MetricNet and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of you are automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by you.

If you are logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by you. This information is collected by YouTube and Google and assigned to the respective YouTube account of you.

YouTube and Google will receive information through the YouTube component that you have visited our website, if you at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for you, the delivery may be prevented if you log off from your own YouTube account before a call-up to our website is made.

YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

5.7 Constant Contact

On this website, MetricNet has integrated components of Constant Contact. Constant Contact is an Internet email service that enables organizations to send email in batches to users for a monthly fee.

The operating company of Constant Contact is Constant Contact, Inc., 1601 Trapelo Road, Waltham, MA 02451
Attention: Privacy Manager, UNITED STATES.

The emails from MetricNet contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, MetricNet may see if and when an e-mail was opened by you, and which links in the e-mail were called up by you.

Such personal data collected in the tracking pixels contained in the emails is stored and analyzed by MetricNet in order to optimize the sending of emails, as well as to adapt the content of future emails even better to the interests of you. You are at any time entitled to revoke the respective separate declaration of consent issued by means of the unsubscribe procedure. After a revocation, this personal data will be deleted by MetricNet. MetricNet automatically regards an unsubscribe from the receipt of the email as a revocation.

Constant Contact’s data protection provisions, available at https://www.constantcontact.com/legal/privacy-statement, provide information about the collection, processing and use of personal data by Constant Contact.

6.0 Data Storage

6.1 Routine erasure and blocking of personal data
MetricNet shall process and store your personal data only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which MetricNet is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with legal requirements.

6.2. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

7.0 Contact Information

Contact information for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

MetricNet, LLC

United States

Phone: 775.298.7772

Email: metricnet@metricnet.com

Website: https://www.metricnet.com