1. AGREEMENT

1.1 This Agreement describes the terms governing your use of the Cairnstack Software LLC including content, updates and new releases (collectively, the Software ) and gives you certain rights and responsibilities depending on the software license you selected, purchased or subscribed to, as more fully described herein. The Agreement includes by reference:

Cairnstack Software LLC’s Privacy Statement available on the website or provided to you in writing for the Software you selected;

Additional Terms and Conditions for the Software that you have selected, including any licenses, terms of service or other terms of use from third parties offered in connection with the Software; and

Any terms provided separately to you for the Software, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, where applicable.

1.2 An “Affiliate” means all Cairnstack Software LLC companies and subsidiaries that directly or indirectly, control or are controlled by Cairnstack Software LLC, or are under the common control with Cairnstack Software LLC. As used in this Agreement, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.

2. LICENSE GRANT AND RESTRICTIONS

2.1 The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and Cairnstack Software LLC reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, Cairnstack Software LLC grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with Cairnstack Software LLC s then-current product discontinuation policies, as updated from time to time, and only for the purposes described by Cairnstack Software LLC for the Software.
2.2 You acknowledge and agree that the Software is licensed, not sold. You agree not to use the Software in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by Cairnstack Software LLC in writing, you agree you will NOT:

Provide access to or give the Software or any part of the Software to any third party;

Reproduce, duplicate, copy, deconstruct, reverse-engineer, sell, trade or resell the Software;

Transfer your license to the Software to any other party without express written permission from Cairnstack Software LLC;

Attempt unauthorized access to any other Cairnstack Software LLC systems that are not part of the Software;

Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; or

Upload, host, use or access the Software via a timesharing, service bureau, virtualization, application hosting or other remote access arrangement.

If you violate any of these terms, this Agreement and your license to use the Software may be terminated by Cairnstack Software LLC in its sole discretion.

3. PAYMENT

For Software licensed on a payment or subscription basis, the following terms apply, unless Cairnstack Software LLC notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you for the Software:

a. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Software.

b. You must pay with one of the following:

1. A valid credit card acceptable to Cairnstack Software LLC; Such as Visa, Master Card, American Express

2. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or

3. By another payment option Cairnstack Software LLC provides to you in writing.

c. If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may immediately suspend or terminate your account, terminate your license and refuse any further use of the Software.

d. Cairnstack Software LLC will automatically renew your monthly, quarterly, or annual subscription at the then-current rates, as required for you to maintain access to the Software, unless your license to the Software is cancelled or terminated under this Agreement.

e. Additional cancellation or renewal terms may be provided to you on the website for the subscribed services.

f. Cancellation: There is no refund when you cancel your subscription before the expiration date. You’ll have access to the subscribed platform through the end of your subscription period and will not be charged again at renewal.

4. YOUR PRIVACY AND PERSONAL INFORMATION. 

 You agree to be bound by the applicable Cairnstack Software LLC Privacy Statement, subject to change in accordance with its terms. Most importantly, you agree:

To Cairnstack Software LLC maintaining your data according to the Cairnstack Software LLC Privacy Statement, as part of the subscribed services. To give Cairnstack Software LLC permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the subscribed services. By way of example, this means that Cairnstack Software LLC may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other accounts when applicable.

Cairnstack Software LLC is a global company and may provide access to or store personal information in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections by United States and  European Union Data Protection Authority guidelines. When you agree to access your subscribed service, you agree to this practice and potential risk.  For further information about how Cairnstack Software LLC stores, uses and protects data please see the GDPR protection page here

5. CONTENT
5.1 You are responsible for your content within the subscribed services. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) uploaded, posted or stored through your use of the Software. You grant Cairnstack Software LLC a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the subscribed services. You agree not to use the Software for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the subscribed services. You agree that you will not use the Software to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data deleted, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Cairnstack Software LLC is not responsible for the Content or data you provide through your use of the Software. You agree not to use the Software to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

a. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;

b. Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);

c. Except as otherwise permitted by Cairnstack Software LLC in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;

d. Virus, trojan horse, worm or other disruptive or harmful software or data; and

e. Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

6.2 Community forums. The Software may include access to a community forum to exchange information with other users of the Software and the public. Please use respect when you interact with other users. Cairnstack Software LLC does not support and is not responsible for the accuracy of others content in these community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Cairnstack Software LLC is not responsible.

Cairnstack Software LLC may, but has no obligation to, monitor Content provided on the community forum. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Cairnstack Software LLC or its customers, or operate the Software properly. Cairnstack Software LLC, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
6.3 Cairnstack Software LLC may freely use feedback you provide. You agree that Cairnstack Software LLC may use your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant Cairnstack Software LLC a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Cairnstack Software LLC in any way. Cairnstack Software LLC will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

7. ADDITIONAL TERMS YOU AGREE TO
7.1 Cairnstack Software LLC does not offer professional services advice. Cairnstack Software LLC is not in the business of providing legal, financial, accounting, health care, human resource or other professional services advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Cairnstack Software LLC services. You may be offered other services, features, products, applications, online communities, or promotions provided by Cairnstack Software LLC (“Cairnstack Software LLC Services”). If you decide to use any of these Cairnstack Software LLC Product or Services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Cairnstack Software LLC Services you may upload or enter data such as names, addresses and phone numbers, purchases, and other data to the Internet. You grant Cairnstack Software LLC permission to use information you provide and about your experience so that we can provide the Cairnstack Software LLC Services to you, monitor and analyze your use of the services, maintain and update your data, and address errors or service interruptions. We may use this data to improve services, enhance future services, identify potentially relevant offers, and produce anonymous research data. You grant Cairnstack Software LLC permission to combine the data you have entered or uploaded with that of others in a way that does not identify you or any individual personally. You also grant Cairnstack Software LLC permission to share or publish summary results relating to such research data and to distribute or license such data to third parties.
7.3 We may tell you about third party products or services. Subject to the Cairnstack Software LLC Privacy Statement, Cairnstack Software LLC may offer products and services on behalf of third parties who are not affiliated with Cairnstack Software LLC (“Third Party Products”) or the Software may contain links to third party websites (“Third Party Sites”).You agree that Cairnstack Software LLC can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated Cairnstack Software LLC contact preferences. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party s separate product terms, website terms and privacy policies. You agree that the third parties, and not Cairnstack Software LLC, are responsible for their product s performance and the content on their websites. Cairnstack Software LLC is not affiliated with these Third Party Products or Third Party Sites and has no liability for them.
7.4 Communications choices. Cairnstack Software LLC may be required by law to send you communications about the subscribed services or Third Party Products. You agree that Cairnstack Software LLC may send these communications to you via email or by posting them on one of our sponsored websites. We may also send business communications such as confirmations or notices, which will be delivered to you via email or posted on our websites. You are required to receive these communications. You can choose not to receive some types of communication, such as marketing messages.
7.5 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the subscribed services. If you become aware of any unauthorized access to your subscribed services account, theft or loss of your password, you agree to contact Cairnstack Software LLC as soon as possible. The subscribed services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the subscribed services. 

8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SUBSCRIBED SERVICES AND CONTENT ACCESSIBLE THROUGH THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAIRNSTACK SOFTWARE LLC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SUBSCRIBED SERVICES IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SUBSCRIBED SERVICES. CAIRNSTACK SOFTWARE LLC AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. FURTHER, CAIRNSTACK SOFTWARE LLC DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE, CONTENT OR DATA TRANSMITTED THROUGH THE SOFTWARE. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 CAIRNSTACK SOFTWARE LLC AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SUBSCRIBED SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SOFTWARE IS IN ACCORDANCE WITH APPLICABLE LAW. 

9. LIMITATION OF LIABILITY AND INDEMNITY. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CAIRNSTACK SOFTWARE LLC, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.  SUBJECT TO APPLICABLE LAW, CAIRNSTACK SOFTWARE LLC AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SUBSCRIBED SERVICES OR HARDWARE THAT DOES NOT MEET CAIRNSTACK SOFTWARE LLC SUBSCRIBED SERVICES REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF CAIRNSTACK SOFTWARE LLC AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF CAIRNSTACK SOFTWARE LLC, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SUBSCRIBED SERVICES AND ITS USE. You agree to indemnify and hold Cairnstack Software LLC and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the subscribed services or breach of this Agreement (collectively referred to as “Claims”). Cairnstack Software LLC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Cairnstack Software LLC in the defense of any Claims. 

10. CHANGES TO THIS AGREEMENT OR THE SOFTWARE. 

We may change this Agreement from time to time, and the changes will be effective when posted on our website for the subscribed services or when we notify you by other means. Please review the Agreement periodically on the website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the subscribed services, in whole or in part, including but not limited to, any feature or aspect of the subscribed services, Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the subscribed services after Cairnstack Software LLC posts or otherwise notifies you of any changes, indicates your agreement to the changes. 

11. TERMINATION.

Cairnstack Software LLC may immediately and without notice terminate this Agreement or suspend or terminate the license to the subscribed services if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 7.4). Upon any termination you must immediately stop using the subscribed services and any outstanding payments will become due. Any termination of this Agreement shall not affect Cairnstack Software LLC s rights to any payments due to it. Cairnstack Software LLC may terminate a free account at any time. Other requirements regarding termination or cancellation of your license to the subscribed services may apply based on the specific ordering or activation terms for the subscribed services. Sections 1.2, 5, and 8 through 15 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded. 

12. EXPORT RESTRICTIONS. 

You acknowledge that this website, the Software, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the subscribed services, or any part of the subscribed services, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the subscribed service platform to anyone who you have reason to know may use the subscribed services in the development of nuclear, chemical, or biological weapons. 

13. GOVERNING LAW AND JURISDICTION. 

California state law governs this Agreement without regard to its conflicts of laws provisions. To resolve any legal dispute arising from this Agreement, you and Cairnstack Software LLC agree to the exclusive jurisdiction of state courts in Denver County, Colorado U.S.A. or federal court located in Denver, Colorado. Cairnstack Software LLC does not represent that the subscribed services is appropriate or available for use in all countries. Cairnstack Software LLC prohibits accessing materials from countries or states where contents are illegal. You are using the subscribed services on your own initiative and you are responsible for compliance with all applicable laws.
14. LANGUAGE. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English.

15. GENERAL.

This Agreement is the entire agreement between you and Cairnstack Software LLC and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 10 above. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without the prior written approval of Cairnstack Software LLC. However, Cairnstack Software LLC may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by Cairnstack Software LLC or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement or if your company is acquired by or merged into another company, contact Cairnstack Software LLC via an email to: info@Cairnstack.com.

Your use of the subscribed services, Add-On Products and related Services provided by Cairnstack Software LLC are subject to the General Terms above and including these Additional Terms and Conditions which govern your use of the subscribed services, Add-on Products and related Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms above. 

1. LICENSE GRANT AND RESTRICTIONS. 

Cairnstack Software LLC Inc. (“Cairnstack Software LLC”, “us”, “we”, “our”) grants you (“you” and “your” means you or the legal entity identified in the registration process that you are authorized to represent and on whose behalf the Software is licensed) the following rights provided that you comply with all of the terms and conditions of this Agreement. (i) Single User subscriber License. You may: (a) utilize the subscribed service on any number of computer(s) or mobile devices for access and use by only one specific person; so long as only the same specific person accesses and uses the subscribed service.
(ii) Multi geo-location Licenses and Multi Location Co-op Licensesee. You may: (a) install the Software on the number of computers equal to the number of user licenses you purchased; (b) access and use the Software solely by the number of specific printers or LiveQR data attachment hardware corresponding to the number of licenses you purchased, with no substitution of such users (for example, if you purchased a 3 license pack and you have 10 printers utilized in your company for PTI related printers or LiveQR data attachment hardware in any form, the original 3 specific printers or LiveQR data attachment who were initially provided with access to and use of the Software, are the only printers or LiveQR data attachment hardware licensed to use the Software unless you purchase additional licenses; (c) install the Software on 1 additional computer above the number of the license(s) you purchased, solely to manage your Co-op tools at a location where PTI printing is not to take place, and not for use of the Software by another user; and (d) for each license you purchased, make one copy of the printed materials accompanying the Software, if any, or print one copy of any online user documentation solely for use by licensed users. Notwithstanding (b) above, you may replace a specific user if such user leaves and must be replaced with a new employee.
You are not licensed or permitted under this Agreement to do any of the following: (a) modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis); (b) assign, loan, resell, transfer or distribute the subscribed service, or related materials or create derivative works based upon the subscribed service or any part thereof; (c) network the subscribed service; (d) use IP masking technology to copy local IP to combine remote locations into one IP, except that you may network your company data file as outlined in Section B.1.(ii) above if you have purchased the multi-user license version; and (d) copy the Software in whole or part, except as expressly stated in (i), (ii), or (iii) above, or use trade secret information contained in the Software, to develop software to interface with the Software. You agree not to (and not to permit others to): (i) decompile, disassemble, or otherwise reverse engineer the Software, except as otherwise expressly permitted by applicable law; or (ii) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright notices) of Cairnstack Software LLC or its licensors on or within the subscribed service or any copies of the Software where applicable.  All license transfers are subject to written approval by Cairnstack Software LLC and are subject to a transfer fee determined by Cairnstack Software LLC in its sole discretion. If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact Cairnstack Software LLC at info@Cairnstack.com regarding transferring your license to the new company.
(iii) Unlock License. If you elect to convert from one version of subscriber license to another (e.g., from the Trial version to the Single PTIprint, Solo-proprietor TRXio, Team or Excursion subscriber license version) using the unlock purchase process within the subscriber application, your use of the new unlocked version of the Software must be in accordance with the terms and conditions of this Agreement. Once you have unlocked such version, you may no longer use the original version of the Software on any computer. (iv) If you purchased a subscription license to the subscribed services, the terms of this Agreement, as supplemented by the terms of the subscription, will govern your use of the Software and provided that the duration of such license will be based on the subscription model you have elected.(v). Any software that is delivered by electronic transmission (regardless of whether a replacement copy is ordered) shall be deemed delivered on the date that Cairnstack Software LLC makes such program available for access by any user with valid credentials. In addition to the subscribed services, the term “Software” includes any other programs, tools, applications, internet-based services, components and any “updates” (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases etc.) of the software or subscribed service that Cairnstack Software LLC provides or makes available to you after the date you obtained your initial access to the Software or subscribed service access. You are entitled to download updates to the subscribed service that Cairnstack Software LLC generally makes available to other users of the Software or subscribed services. However, Upgrades (as defined in Section B.6.(3)) to the Software or subscribed services are only made available to subscribers of specified Services. Certain Software may be accompanied by, and will be subject to, additional terms and fees may apply. 

2. ADDITIONAL TERMS.
A. Registration; Other Restrictions. The Software and subscribed services includes required registration, so you agree that you must register the Software or subscribed services with Cairnstack Software LLC within the amount of time specified by the notification, otherwise you will not be able to continue to use of the Software. You agree to keep your registration information accurate and complete and promptly update your registration data with us as necessary to keep it accurate, current and complete. We protect your registration information according to our privacy policies link on the Cairnstack Software LLC website relating to the Software product you purchased. Enabling others to use your license number(s),User credential (s), product number(s), and validation number(s), if any, is strictly prohibited.
D. Software Updates and Programs . When you connect to the Internet and use the Software or subscribed services, Cairnstack Software LLC may also include updates in the transmission or install programs you may have requested.
E. Help and Support. Cairnstack Software LLC may use a variety of methods (e.g., in-product, Internet, chat, e-mail and phone) to provide technical support and customer service in connection with the Software and subscribed service. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as announced by Cairnstack Software LLC from time to time. Consult the Support Web site for the most up-to-date information relating to this support and any associated charges, as well as updates to the Software or subscribed services. By using Cairnstack Software’s support, you authorize Cairnstack Software LLC to collect certain company data files in order to provide you with a better customer support experience as well as access to your entire company database.  All movements are tracked by user credentials along with time, date and action in log files available by you and can be found in the reporting section of TRXio.  User access and actions in PTIprint can be requested from Cairnstack Software LLC support members only.
F. PTI label Designs If you obtain any designs from Cairnstack Software LLC to be used as forms or templates “backgrounds” in the PTIprint Customization feature (additional fees apply), you understand and agree that such designs may only be used with your PTIprint software or subscribed services. For example, you are authorized to use these designs or templates that you print or email. You may also order matching business cards and other promotional print items that Cairnstack Software LLC offers. You may also customize PTIprint designs or templates with these images on behalf of your clients who use PTIprint. However you may not resell these designs or templates nor use them for any other purposes, including use on third party generated materials such as forms, web-based materials, or other custom printed business identity, tracking or marketing products. 

3. THIRD PARTY FEATURE.

(i) Relationship with Cairnstack Software LLC. You may be presented with the opportunity to browse and buy from a number of featured suppliers and retailers from within Cairnstack Software LLC software or subscribed services. Cairnstack Software LLC does not represent or endorse the aggregator, nor any of the participating suppliers or retailers ( Suppliers ) of the Third Party Feature, nor any of the products or services offered by them. Cairnstack Software LLC is not a party to the dealing, contracting and fulfillment of transactions between any individual user and a Supplier providing products or services. The Suppliers listed are not employees or agents of Cairnstack Software LLC. Cairnstack Software LLC has no control over and does not guarantee the quality, safety or legality of Suppliers advertised products or services, the truth or accuracy of Supplier listings, or the ability of Suppliers to deliver products or services, or that a Supplier can or will actually complete a purchase, return, exchange or other transaction.  Cairnstack Software LLC provides this information as a convenience and does not confirm or verify the information. All rights and obligations for the purchase, sale, return or exchange of Suppliers products or services are solely between the purchasor of the products or services and the Supplier. You and the Supplier must look directly and solely to each other for enforcement and performance of all the rights and obligations arising from the dealings and transactions between yourselves.

(ii) Disputes. Any disputes in connection with products or services provided by Suppliers or payments, returns or exchanges made by you for such products or services remain between you and the Suppliers. You acknowledge that Cairnstack Software LLC will not be a party to any such dispute. If you have a dispute with any other user or Supplier, you must address such dispute with the user or Supplier directly. If you have reason to believe a dispute involves a violation of the terms of this Agreement, you may report such violation via the procedure set forth in the third party feature but Cairnstack Software LLC will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute.

(iii) Release of Claims. Because Cairnstack Software LLC does not and cannot be involved in user-to-user or purchasor-to-retailer dealings or control the behavior of participants using the PTIprint, Bi4Ci or TRXio images, codes or landing pages, if you have a dispute with one or more sources or Suppliers, you hereby release Cairnstack Software LLC and its affiliates from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

4. SATISFACTION GUARANTEED/LIMITED WARRANTY.
(i) Satisfaction Guarantee. If you are not satisfied with the Software or subscribed services and (a) You purchased the Software or subscribed services from a retail store, you may uninstall and delete all copies of the Software from your computer(s) and request by writing in email or paper form requesting a return within 60 days of purchase to info@cairnstack.com along with where you purchased your license with a dated receipt for a full refund. (b) You obtained the Software or subscribed service access directly from Cairnstack Software LLC via an Internet download, you may submit a written request to Cairnstack Software LLC including your name, contact and product order information to Cairnstack Software LLC Inc., Returns Department, 1500 West Canal Ct. Suite A100, Littleton, CO. 80120.  or (d) You obtained the Software or subscribed service access by downloading it on your computer, contact the provider of the download site.
5. TERMINATION.
The Cairnstack Software LLC Software is subject to Cairnstack Software LLC’s discontinuation policy and Cairnstack Software LLC reserves the right to discontinue all support for the TRXio, Bi4Ci and/or PTIprint Software or subscribed services, and/or for any features, online or other services or content accessible through the respective subscribed services or Software in accordance with its current discontinuation policy. The Cairnstack Software LLC Software platforms offers services that require a connection to an Cairnstack Software LLC server (including Internet-based services), such as downloading financial data from a participating ERP, accounting system, inventory control, CRM tool or platforms, such services may expire in accordance with Cairnstack Software LLC’s current discontinuation policy.

Cairnstack Software LLC’s current discontinuation policy is to provide support for the Cairnstack Software LLC Software and subscriber services for online and other services or content accessible through the subscribed services or  Software for the most current version of the Software plus the prior two years’ versions. More information about the discontinuation policy relating to the Cairnstack Software LLC Software is available on request at info@cairnstack.com

6. HEALTH INFORMATION AND PRIVACY. If you intend to use the subscriber services or Software, related services and content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that the subscriber services or Software, related services and content are not “HIPAA-ready” or “HIPAA-compliant” UNLESS specifically noted and identified as “HIPAA compliant”.  Any subscriber license or software not listed as HIPAA compliant specifically will NOT assist with or ensure compliance with HIPAA guidelines or regulations, and that you are solely responsible for using the subscriber services or Software, related services and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information.  HIPAA compliant services are available with access to HIPAA compliant infrastructure and URL schemes and must be specified in advance of use for compliance. For more information see the BAA documentation for details.

7. Additional Security and General Data Protection Regulation (GDPR)

Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. This policy is intended to help you understand:

  • What information we collect about you
  • How we use information we collect
  • How we share information we collect
  • How we store and secure information we collect
  • How to access and control your information
  • How we transfer information we collect internationally
  • Other important privacy information

This Privacy Policy covers the information we collect about you when you use our products or services, or otherwise interact with us (for example, by attending our events), unless a different policy is displayed.  Cairnstack Software, we and us refers to Cairnstack Software LLC , Cairnstack Software, Inc. and any of our corporate affiliates. We offer a wide range of products, including TRXio, PTIprint and other white labeled, dashboard views,  traceability and management products. We refer to all of these products, together with our other services and websites as “Services” in this policy.

This policy also explains your choices about how we use information about you.  Your choices include how you can object to certain uses of information about you and how you can access and update certain information about you.  If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business.  

Where we provide the Services under contract with an organization (for example your employer) that organization controls the information processed by the Services. For more information, please see Notice to End Users below.

What information we collect about you

We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.  

Information you provide to us

We collect information about you when you input it into the Services or otherwise provide it directly to us.    

Account and Profile Information: We collect information about you when you register for an account, create or modify your profile, set preferences, sign-up for or make purchases through the Services. For example, you provide your contact information and, in some cases, billing information when you register for the Services. You also have the option of adding a display name, profile photo, job title, and other details to your profile information to be displayed in our Services.  We keep track of your preferences when you select settings within the Services.

Content you provide through our products: The Services includes the Cairnstack Software products you use, where we collect and store content that you post, send, receive and share. This content includes any information about you that you may choose to include. Examples of content we collect and store include: the summary and description added to a item history issue, the landing pages you create, the messages you exchange in our support portal or community, your notes and images collected as part of your item history, and any feedback you provide to us.  Content also includes the files and links you upload to the Services. We collect feedback you provide directly to us through the product and; we collect content using analytics techniques that hash, filter or otherwise scrub the information to exclude information that might identify you or your organization; and we collect clickstream data about how you interact with and use features in the Services.

Content you provide through our websites: The Services also include our websites owned or operated by us. We collect other content that you submit to these websites, which include social media or social networking websites operated by us. For example, you provide content to us when you provide feedback or when you participate in any interactive features, surveys, contests, promotions, sweepstakes, activities or events.  

Information you provide through our support channels: The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service.  Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.  When contacting Cairnstack Software for any reason by telephone, be advised that all calls are recorded for training and legal purposes.

Payment Information:  We collect certain payment and billing information when you register for certain paid Services.  For example, we ask you to designate a billing representative, including name and contact information, upon registration.  You might also provide payment information, such as payment card details, which we collect via secure payment processing services.

Information we collect automatically when you use the Services

We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.          

Your use of the Services: We keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use; the links you click on; the type, size and filenames of attachments you upload to the Services; frequently used search terms; and how you interact with others on the Services.  We also collect information about the teams and people you work with and how you work with them, like who you collaborate with and communicate with most frequently.

Device and Connection Information: We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, device identifiers, and crash data. We use your IP address and/or Geolocation with your country preference in order to approximate your location to provide you with a better Service experience.  How much of this information we collect depends on the type and settings of the device you use to access the Services.

Cookies and Other Tracking Technologies: Cairnstack Software and our third-party partners, such as our advertising and analytics partners, use cookies and other tracking technologies (e.g., web beacons, device identifiers and pixels) to provide functionality and to recognize you across different Services and devices.

What types of technologies do we use?

We use cookies, web beacons and other technologies to improve and customize our products and websites (“the Services”) and your experience; to allow you to access and use the Services without re-entering your username or password; to understand usage of our Services and the interests of our customers; to determine whether an email has been opened and acted upon; and to present you with advertising relevant to your interests.

How do we use them?

  • Where strictly necessary.  These cookies and other technologies are essential in order to enable the Services to provide the feature you have requested, such as remembering you have logged in.
  • For functionality.  These cookies and similar technologies remember choices you make such as language or search parameters. We use these cookies to provide you with an experience more appropriate with your selections and to make your use of the Services more tailored.
  • For performance and analytics.  These cookies and similar technologies collect information on how users interact with the Services and enable us to improve how the Services operate. For example, we use Google Analytics cookies to help us understand how visitors arrive at and browse our products and website to identify areas for improvement such as navigation, user experience, and marketing campaigns.
  • Targeting Cookies or Advertising Cookies.  These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertising technology service providers and advertisers.
  • Social media cookies. These cookies are used when you share information using a social media sharing button or “like” button on our websites or you link your account or engage with our content on or through a social media site. The social network will record that you have done this. This information may be linked to targeting/advertising activities.

How can you opt-out?

To opt-out of our use of cookies, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. If you do not accept cookies, however, you may not be able to use or have limited functionality of all aspects of our Services. Cairnstack Software and our third party partners also collect information using web beacons (also known as “tracking pixels”).

Many browsers include their own management tools for removing HTML5 local storage objects.  You will not be able to opt-out of any cookies or other technologies that are “strictly necessary” for the Services.

Updates to this Notice

This Cookies & Tracking Notice may be updated from time to time.  If we make any changes, we will notify you by revising the “effective starting” date at the top of this notice.

 

Information we receive from other sources

We receive information about you from other Service users, from third-party services, from our related companies, and from our business and channel partners.    

Other users of the Services: Other users of our Services may provide information about you when they submit content through the Services.  For example, you may be mentioned in a item history opened by someone else. We also receive your email address from other Service users when they provide it in order to invite you to the Services.  Similarly, an administrator may provide your contact information when they designate you as the billing or technical contact on your company’s account.

Other services you link to your account: We receive information about you when you or your administrator integrate or link a third-party service with our Services.  For example, if you create an account or log into the Services using your Google credentials, we receive your name and email address as permitted by your Google profile settings in order to authenticate you. You or your administrator may also integrate our Services with other services you use, such as to allow you to access, store, share and edit certain content from a third-party through our Services.  For example, you may authorize our Services to access, display and store files from a third-party document-sharing service within the Services interface. Or you may authorize our Services to connect with a third-party calendaring service so that your meetings and connections are available to you through the Services. You may authorize our Services to sync a contact list or address book so that you can easily connect with those contacts within the Services or invite them to collaborate with you on our Services.  The information we receive when you link or integrate our Services with a third-party service depends on the settings, permissions and privacy policy controlled by that third-party service. You should always check the privacy settings and notices in these third-party services to understand what data may be disclosed to us or shared with our Services.

Cairnstack Software Companies:  We receive information about you from companies that are owned or operated by Cairnstack Software, in accordance with any specific services terms and policies.

Cairnstack Software Partners:  We work with a global network of partners who provide consulting, implementation, training and other services around our products.  Some of these partners also help us to market and promote our products, generate leads for us, and resell our products. We receive information from these partners, such as billing information, billing and technical contact information, company name, what Cairnstack Software products you have purchased or may be interested in, evaluation information you have provided and what country you are in.

Other Partners: We receive information about you and your activities on and off the Services from third-party partners, such as advertising and market research partners who provide us with information about your interest in and engagement with, our Services and online advertisements.   

How we use information we collect

How we use the information we collect depends in part on which Services you use, how you use them, and any preferences you have communicated to us.  Below are the specific purposes for which we use the information we collect about you.

To provide the Services and personalize your experience: We use information about you to provide the Services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the Services.  For example, we use the name and picture you provide in your account to identify you to other Service users. Our Services also include tailored features that personalize your experience, enhance your productivity, and improve your ability to collaborate effectively with others by automatically analyzing the activities of your team to provide search results, activity feeds, notifications, connections and recommendations that are most relevant for you and your team.  For example, we may use your stated job title and activity to return search results we think are relevant to your job function. We also use information about you to connect you with other members seeking your subject matter expertise. We may use your email domain to infer your affiliation with a particular organization or industry to personalize the content and experience you receive on our websites. Where you use multiple Services, we combine information about you and your activities to provide an integrated experience, such as to allow you to find information from one Service while searching from another or to present relevant product information as you travel across our websites.   

For research and development:  We are always looking for ways to make our Services smarter, faster, secure, integrated, and useful to you.  We use collective learnings about how people use our Services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Services.  We automatically analyze and aggregate frequently used search terms to improve the accuracy and relevance of suggested topics that auto-populate when you use the search feature. In some cases, we apply these learnings across our Services to improve and develop similar features or to better integrate the services you use. We also test and analyze certain new features with some users before rolling the feature out to all users.  

To communicate with you about the Services: We use your contact information to send transactional communications via email and within the Services, including confirming your purchases, reminding you of subscription expirations, responding to your comments, questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages.  We also provide tailored communications based on your activity and interactions with us. For example, certain actions you take in the Services may automatically trigger a feature or third-party app suggestions to review, monitor or otherwise cause action within your business resulting in a possible financial liability decrease or increase relating to inventory levels. We also send you communications as you onboard to a particular Service to help you become more proficient in using that Service.  These communications are part of the Services and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.

To market, promote and drive engagement with the Services: We use your contact information and information about how you use the Services to send promotional communications that may be of specific interest to you, including by email and by displaying Cairnstack Software ads on other companies’ websites and applications, as well as on platforms like Facebook and Google.  These communications are aimed at driving engagement and maximizing what you get out of the Services, including information about new features, survey requests, newsletters, and events we think may be of interest to you. We also communicate with you about new product offers, promotions and contests. You can control whether you receive these communications as described below under the setting section of the service in use.

Customer support: We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyze crash information, and to repair and improve the Services.

For safety and security: We use information about you and your Service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of Service policies.

To protect our legitimate business interests and legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.  

With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above.  For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.    

Legal bases for processing (for EEA users):

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws.  The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where:

  • We need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
  • It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests;
  • You give us consent to do so for a specific purpose; or
  • We need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place.  Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services.

How we share information we collect

We make collaboration tools, and we want them to work well for you.  This means sharing information through the Services and with certain third parties.  We share information we collect about you in the ways discussed below, including in connection with possible business transfers, but we are not in the business of selling information about you to advertisers or other third parties.

Sharing with other Service users

When you use the Services, we share certain information about you with other Service users.

For collaboration: You can create content, which may contain information about you, and grant permission to others to see, share, edit, copy and download that content based on settings you or your administrator (if applicable) select.  Some of the collaboration features of the Services display some or all of your profile information to other Service users when you share or interact with specific content. Please be aware that some aspects of the Services like the public facing landing pages associated with a LiveQR code are publicly available, meaning any content posted, including information about you, can be publicly viewed and indexed by and returned in search results of search engines.  You can confirm whether certain Service properties are publicly visible from within the Services or by contacting the relevant support team for your services.

Managed accounts and administrators: If you register or access the Services using an email address with any domain, even one that is not owned by your employer or organization.  In the event such organization wishes to establish an account or site, certain information about you including your name, profile picture, contact info, content and past use of your account may become accessible to that organization’s administrator and other Service users.  If you are an administrator for a particular site or group of users within the Services, we may share your contact information with current or past Service users, for the purpose of facilitating Service-related requests.

Community Forums:  Our websites offer publicly accessible blogs, forums, issue trackers, and wikis like Cairnstack Softwares Community. You should be aware that any information you provide on these websites – including profile information associated with the account you use to post the information – may be read, collected, and used by any member of the public who accesses these websites.  Your posts and certain profile information may remain even after you terminate your account. We urge you to consider the sensitivity of any information you input into these Services. To request removal of your information from publicly accessible websites operated by us, please contact us as provided below. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to and why.

Sharing with third parties

We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our Services.

Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you.  If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.

Cairnstack Software Partners: We work with third parties who provide consulting, sales, and technical services to deliver and implement customer solutions around the Services. We may share your information with these third parties in connection with their services, such as to assist with billing and collections, to provide localized support, and to provide customizations.  We may also share information with these third parties where you have agreed to that sharing.

Third Party Apps or integrations: You, your administrator or other Service users may choose to add new functionality or change the behavior of the Services by installing third party apps or integrations within the Services.  Doing so may give third-party apps or integrations access to your account and information about you like your name and email address, and any content you choose to use in connection with those apps or integrations.  If you are a technical or billing contact listed on an account, we share your details with the third-party app or integration provider upon installation. Third-party app or integration policies and procedures are not controlled by us, and this privacy policy does not cover how third-party apps or integrations use your information. We encourage you to review the privacy policies of third parties before connecting to or using their applications or services to learn more about their privacy and information handling practices. If you object to information about you being shared with these third parties, please uninstall the app or disconnect the integration.

Links to Third Party Sites: The Services may include links that direct you to other websites or services whose privacy practices may differ from ours. If you submit information to any of those third party sites, your information is governed by their privacy policies, not this one. We encourage you to carefully read the privacy policy of any website you visit.

Social Media Widgets: The Services may include links that direct you to other websites or services whose privacy practices may differ from ours. Your use of and any information you submit to any of those third-party sites is governed by their privacy policies, not this one.

Third-Party Widgets: Some of our Services contain widgets and social media features, such as the Twitter “tweet” button. These widgets and features collect your IP address, which page you are visiting on the Services, and may set a cookie to enable the feature to function properly. Widgets and social media features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing it.

With your consent: We share information about you with third parties when you give us consent to do so.  For example, we often display personal testimonials of satisfied customers on our public websites. With your consent, we may post your name alongside the testimonial.

Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect Cairnstack Software, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.

Cairnstack Software policy on responding to law enforcement requests

Cairnstack Software provides software tools for teams to collaborate in an online platform environment. These guidelines provide information to inform law enforcement officials seeking customer account records and customer content (“Customer Information”) from Cairnstack Software in response to valid legal process, consistent with our privacy policy and use policy.  Cairnstack Software respects the rules and laws of the jurisdiction in which it operates, as well as the privacy and rights of its customers. Accordingly, Cairnstack Software provides Customer Information in response to law enforcement requests only when we reasonably believe that we are legally required to do so. To protect our customers’ rights, we carefully review requests to ensure that they comply with the law.

To obtain Customer Information from Cairnstack Software, law enforcement officials must provide legal process appropriate for the type of information sought, such as a subpoena, court order, or a warrant. For example, Cairnstack Software will not provide non-public customer content unless served with a valid search warrant, issued on a showing of probable cause by a federal or state court authorized to issue search warrants, which requires Cairnstack Software to disclose the content. Please review these guidelines before submitting a law enforcement request to Cairnstack Software.

These guidelines are intended to serve as an informational resource and do not create obligations or waive any objections concerning how Cairnstack Software will respond in any particular case or request. Cairnstack Software reserves the right to seek reimbursement for the costs associated with responding to law enforcement data requests, where appropriate.

User Notice Policy

Cairnstack Softwares policy is to notify customers of requests for their information and provide them with an opportunity to object to the disclosure 7-10 days prior to production, unless such notification is prohibited by law.  Cairnstack Software may shorten the notice period in its discretion, but generally only does so in emergency situations. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other process that specifically prohibits customer notification, such as an order issued under 18 U.S.C. § 2705(b).

Further, if your request places Cairnstack Software on notice of an ongoing or prior violation of our use policy, we will take action to prevent further violation, including account termination and other actions that may notify the user that we are aware of the misconduct. If you believe in good faith that taking such actions will jeopardize an ongoing investigation, you may request that Cairnstack Software defer such action in your request. Cairnstack Software will evaluate such requests on a case-by-case basis. It is the responsibility of the requesting law enforcement official to make this request, as it is Cairnstack Softwares policy to enforce its terms of use.

Serving a Valid Law Enforcement Request & Contact Information

Email Address for Law Enforcement Questions and to Send Legal Process:

lawenforcement@Cairnstack.com

Mailing Address for Law Enforcement Requests:

Cairnstack Software LLC.

Attn: Legal Department

1500 west Canal Ct. Suite A100

Littleton, CO, 80120

USA

While we agree to accept service of law enforcement requests by these methods, neither Cairnstack Software nor our customers waive any legal rights based on this accommodation.

Each request must include contact information for the authorized law enforcement agency official submitting the request, including:

  • Requesting agency name
  • Requesting agent name and badge/identification number
  • Requesting agent employer-issued email address
  • Requesting agent phone contact, including any extension
  • Requesting agent mailing address (P.O. Box will not be accepted)
  • Requested response date (see details below for emergency requests)

Please note that requests seeking testimony must be personally served on our registered agent for service of process. We do not accept such requests in person or via email.

Available Cairnstack Software Customer Information

Cairnstack Software offers a variety of software tools on its platform that contain Customer Information. In addition, Cairnstack Software maintains certain Customer Information in internal systems as a matter of regular business processes. Cairnstack Software will review and respond to requests for Customer Information pursuant to a valid, enforceable government request, court order and/or warrant, depending on the type of information requested.

The categories of Customer Information that may be available for law enforcement requests seeking basic customer account information, include, for example: email address, name, phone number, screen name, instant messenger ID and/or billing contact information (in connection with paid accounts). Additional information regarding IP addresses,Geolocations, transactional records and other customer records may be available.

The categories of Customer Information that may be available to law enforcement requestors depends on which Cairnstack Software product is used by the customer about whom law enforcement seeks information. We encourage law enforcement officials making a request for Cairnstack Software Customer Information to review our product descriptions before preparing legal process and submitting your request, order or warrant.

Law Enforcement Preservation Requests

Cairnstack Software will preserve Customer Information for 90 days upon receipt of a valid law enforcement request. Cairnstack Software will preserve information for an additional 90-day period upon receipt of a valid request to extend the preservation. If Cairnstack Software does not receive formal legal process for the preserved information before the end of the preservation period, the preserved information may be deleted when the preservation period expires.

Preservation requests must be sent on official law enforcement letterhead, signed by a law enforcement official, and must include:

  • The relevant account information identified below for the customer whose information is requested to be preserved;
  • A valid return email address; and
  • A statement that steps are being taken to obtain a court order or other legal process for the data sought to be preserved.

​Preservation requests may be sent to the contact information (mailing address or email account) provided, above.

How to Request Cairnstack Software Customer Information

When requesting Customer Information, law enforcement requestors should provide as much of the following information as is available. Providing the following identifying information will facilitate Cairnstack Softwares ability to respond in an effective and timely manner:

  • Basic Customer Account Information (Cairnstack Software systems): Username, email address, URL, Support Entitlement Number (SEN)
  • Customer Information involving Cairnstack Software products:

International Law Enforcement Requests

U.S. law authorizes Cairnstack Software to respond to requests for Customer Information from foreign law enforcement agencies that are issued via a U.S. court either by way of a Mutual Legal Assistance Treaty (MLAT) request or letter rogatory.  It is our policy to respond to such U.S. court-ordered requests when properly served. Cairnstack Software will evaluate emergency requests from foreign law enforcement on a case-by-case basis, consistent with U.S. law and the laws of other countries, if applicable. Emergency requests may be submitted directly to Cairnstack Software via the procedure described below.

Emergency Requests

Cairnstack Software evaluates emergency requests on a case-by-case basis. If you provide information that gives us a good faith belief that there is an emergency involving imminent danger of death or serious physical injury to any person, we may provide information necessary to prevent that harm if we are in a position to do so, consistent with applicable law.

Emergency requests may be submitted via email to lawenforcement@cairnstack.com with the subject line: “Emergency Disclosure Request”.

 

Sharing with affiliated companies

We share information we collect with affiliated companies and, in some cases, with prospective affiliates.  Affiliated companies are companies owned or operated by us. The protections of this privacy policy apply to the information we share in these circumstances.

Cairnstack Software companies: We share information we have about you with other Cairnstack Software corporate affiliates in order to operate and improve products and services and to offer other Cairnstack Software affiliated services to you.

Business Transfers: We may share or transfer information we collect under this privacy policy in connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You will be notified via email and/or a prominent notice on the Services if a transaction takes place, as well as any choices you may have regarding your information.

How we store and secure information we collect

Information storage and security

We use data hosting service providers in the United States to host the information we collect, and we use technical measures to secure your data.  For more information on where we store your information, please see our Cloud hosting infrastructure page.

While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.

At Cairnstack Software LLC our servers and data centers use SSL to prevent interception of data transmitted over networks and to restrict access to the databases and other storage points used.

How long we keep information

How long we keep information we collect about you depends on the type of information, as described in further detail below.  After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.  

Account information: We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services.  We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.  Customers who track controlled or regulated products can elect to purchase an archival license for as long as necessary to comply with third party compliance. For example, FDA, USDA, Article 18 of Regulation (EC) No 178/2002, etc.

Information you share on the Services: If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow your team members or other users to make full use of the Services.  For example, we continue to display messages you sent to the users that received them and continue to display content you provided.

Managed accounts: If the Services are made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account.  For more information, see “Managed accounts and administrators” above.

Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your Cairnstack Software account.  We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.

How to access and control your information

You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.

Your Choices:

You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format.  Below, we describe the tools and processes for making these requests. You can exercise some of the choices by logging into the Services and using settings available within the Services or your account. Where the Services are administered for you by an administrator (see “Notice to End Users” below), you may need to contact your administrator to assist with your requests first.  For all other requests, you may contact us as provided in the Contact Us section below to request assistance.

Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep.  Where you have asked us to share data with third parties, for example, by installing third-party apps, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.

Access and update your information: Our Services give you the ability to access and update certain information about you from within the Service. For example, you can access your profile information from your account and search for content containing information about you using key word searches in the Service.  You can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.

Deactivate your account:  If you no longer wish to use our Services, you or your administrator may be able to deactivate your Services account. If you can deactivate your own account, that setting is available to you in your account settings. Otherwise, please contact your administrator. If you are an administrator and are unable to deactivate an account through your administrator settings, please contact Cairnstack Software support.  Please be aware that deactivating your account does not delete your information; your information remains visible to other Service users based on your past participation within the Services.  For more information on how to delete your information, see below.

Delete your information: Our Services and give you the ability to delete certain information about you from within the Service. For example, you can remove content that contains information about you using the key word search and editing tools associated with that content, and you can remove certain profile information within your profile settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.   

Request that we stop using your information:  In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don’t have the appropriate rights to do so.   When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator does not object (where applicable).  If you object to information about you being shared with a third-party app, please disable the app or contact your administrator to do so.

Opt out of communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your Service account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database.  Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services. You can opt out of some notification messages in your account settings.

You may be able to opt out of receiving personalized advertisements from other companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info, http://optout.networkadvertising.org/ and http://www.youronlinechoices.eu.

Turn off Cookie Controls: Relevant browser-based cookie controls are described in our Cookies & Tracking Notice.

Send “Do Not Track” Signals: Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services do not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.

Data portability: Data portability is the ability to obtain some of your information in a format you can move from one service provider to another (for instance, when you transfer your mobile phone number to another carrier).  Depending on the context, this applies to some of your information, but not to all of your information. Should you request it, for a nominal fee, we will provide you with an electronic file of your basic account information and the specific information requested that you create on the services you under your sole control. Such as product text or imagery data that you have manually entered or entered by the use of a 1D or 2D scanner.  As an example of non-compliant export request include the statements such as “all data, my data or our organizations complete account, etc.” are not a specific requests and will not be considered or honored.

How we transfer information we collect internationally

International transfers of information we collect

We collect information globally and primarily store that information in the United States. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services.  Whenever we transfer your information, we take steps to protect it.

International transfers within the Cairnstack Software platforms: To facilitate our global operations, we transfer information to the United States and allow access to that information from countries in which the Cairnstack Software owned or operated companies have operations for the purposes described in this policy. These countries may not have equivalent privacy and data protection laws to the laws of many of the countries where our customers and users are based. When we share information about you within and among Cairnstack Software corporate affiliates, we make use of standard contractual data protection clauses, which have been approved by the European Commission, and we rely on the EU-U.S. and Swiss-U.S. Privacy Shield Framework to safeguard the transfer of information we collect from the European Economic Area and Switzerland. Please see our Privacy Shield notice below for more information or contact us as provided below.

International transfers to third parties: Some of the third parties described in this privacy policy, which provide services to us under contract, are based in other countries that may not have equivalent privacy and data protection laws to the country in which you reside. When we share information of customers in the European Economic Area or Switzerland, we make use of the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, European Commission-approved standard contractual data protection clauses, binding corporate rules for transfers to data processors, or other appropriate legal mechanisms to safeguard the transfer. Please see our Privacy Shield Notice below.  

Privacy Shield Notice

Cairnstack Software LLC, . and its U.S. subsidiaries (Cairnstack Software LLC) participate in and comply with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks and the Privacy Shield Principles regarding the collection, use, and retention of information about you that is transferred from the European Union or Switzerland (as applicable) to the U.S.  We ensure that the Privacy Shield Principles apply to all information about you that is subject to this privacy policy and is received from the European Union, the European Economic Area, and Switzerland.

Under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, we are responsible for the processing of information about you we receive from the EU and Switzerland and onward transfers to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for such onward transfers and remain liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such information about you on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.

To learn more about the Privacy Shield Program, and to view Cairnstack Softwares certification, please see here www.privacyshield.gov.

We encourage you to contact us as provided below should you have a Privacy Shield-related (or general privacy-related) complaint.  If you have an unresolved privacy or data use concern that we have not addressed satisfactorily. You may also contact your local data protection authority within the European Economic Area or Switzerland (as applicable) for unresolved complaints.  

Under certain conditions, more fully described on the Privacy Shield website, including when other dispute resolution procedures have been exhausted, you may invoke binding arbitration.  

We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Other important privacy information

Notice to End Users

Many of our products are intended for use by organizations. Where the Services are made available to you through an organization (e.g. your employer), that organization is the administrator of the Services and is responsible for the accounts and/or Service sites over which it has control. If this is the case, please direct your data privacy questions to your administrator, as your use of the Services is subject to that organization’s policies. We are not responsible for the privacy or security practices of an administrator’s organization, which may be different than this policy.

Administrators are able to:

  • require you to reset your account password;
  • restrict, suspend or terminate your access to the Services;
  • access information in and about your account;
  • access or retain information stored as part of your account;
  • install or uninstall third-party apps or other integrations

In some cases, administrators can also:

  • restrict, suspend or terminate your account access;
  • change the email address associated with your account;
  • change your information, including profile information;
  • restrict your ability to edit, restrict, modify or delete information

Even if the Services are not currently administered to you by an organization, if you use an email address provided by an organization (such as your work email address) to access the Services, then the owner of the domain associated with your email address (e.g. your employer) may assert administrative control over your account and use of the Services at a later date.  You will be notified if this happens.

If you do not want an administrator to be able to assert control over your account or use of the Services, use your personal email address to register for or access the Services.  If an administrator has not already asserted control over your account or access to the Services, you can update the email address associated with your account through your account settings in your profile.  Once an administrator asserts control over your account or use of the Services, you will no longer be able to change the email address associated with your account without administrator approval.

Please contact your organization or refer to your administrator’s organizational policies for more information.

Our policy towards children

The Services are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact our support services.

Changes to our Privacy Policy

We may change this privacy policy from time to time. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice by adding a notice on the Services homepages, login screens, or by sending you an email notification. We will also keep prior versions of this Privacy Policy in an archive for your review.  We encourage you to review our privacy policy whenever you use the Services to stay informed about our information practices and the ways you can help protect your privacy.

If you disagree with any changes to this privacy policy, you will need to stop using the Services and deactivate your account(s), as outlined above.

Contact Us

Your information is controlled by Cairnstack Software LLC.  If you have questions or concerns about how your information is handled, please direct your inquiry to Cairnstack Software LLC.