Privacy Policy

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Team Pinya Guard

Terms of Service

In order to use the time tracking, workforce desktop monitoring is provided by Pinya software LLC. through the website located at www.pinyasoftware.com and/or a client access application, if any, licensed to you by Pinya, you must read and accept all of the terms and conditions in these Terms of Service.

Using our Services

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including, without limitation, employment and privacy related laws. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. All right, title and interest in and to the Services are owned and retained exclusively by Pinya. Except for the rights and licenses expressly provided herein, all rights, title and interest in the Services, including all corrections, enhancements and modifications thereof, are reserved by Pinya. You are responsible for your employees, contractors and agents compliance with the terms and conditions of this Agreement.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

You are responsible for controlling access to your account, including creating a strong password, protecting that password, and preventing unauthorized account usage or users.

Your Use of Agent Software

As part of the Services, Pinya will make available to you for download from the Website a software agent to be installed on the computer of each of your employees or contractors whom you will monitor using Services. Subject to the terms and conditions of this Agreement, Pinya grants you a nonexclusive, non-transferable license to use the Software as described herein. The Product shall be used solely by you in connection with your use of the Services as is permitted herein. All rights not expressly granted herein are retained by Pinya. Except as allowed under this Agreement, you shall use the Software strictly in accordance with the terms of the Related Agreemtents and shall not sublicense, rent or lease the Software or use it as a service provider or as part of a service; decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Software; copy any features, functions or graphics of the Software to develop a competitive product; utilize the software for the purposes of competitive analysis or for any other purpose outside of customers normal business operations; make any modification, adaption, improvement, enhancement, translation or derivate work from the Software; violate any applicable laws, rules or regulations in connection with Customer´s access or use of the Software.

Term and Termination

This Agreement allows you to access and use the Services for the term you selected by you when you purchased access to the Services, or during the free evaluation period granted to You by Pinya to evaluate the Services, unless earlier terminates as provided in this Agreement. This Agreement begins upon your registration. This Agreement will automatically terminate if you fail to comply with its term. The definitions and rights, duties and obligations of the parties that by their nature continue and survive shall survive any termination or expiration of this Agreement.

Your Data

You represent that the information provided by you in the online registration form is accurate, complete and current, and you agree to update that information promptly if there is any change.

Your Password

Pinya may reject or require that you change your password under your account. Passwords are for internal business use only and may not be shared with any third party, including any competitor of Pinya. You, and not Pinya, are responsible for any use or misuse of passwords associated with your account and changing any of your passwords that have been stolen or otherwise compromised, or are being misused.

Fee

Prices for the Services are as set forth when you purchased access to the Services and shall be payable in accordance with Pinya’s then-current terms of payment.

We reserve the right to change service fees upon thirty (30) days notice. Your continued use of the Services after such modifications will be deemed to be your conclusive acceptance of such changes. If you are dissatisfied as a result of such changes, your only recourse is to terminate your access to the Services.

All fees paid to Pinya are nonrefundable. You are responsible for paying all sales, use, excise, ad valorem and other taxes arising out of your use of or access to the Services. If you fail to pay, Pinya shall be entitled, at its sole discretion, to: (a) suspend provision of the Services until you fulfill your pending obligations; (b) charge you an interest rate designated by Pinya at the time of invoice; (c) terminate this Agreement.

Content

You acknowledge and agree that all right, title and interest in and to the information, data, software, photographs, graphics, videos and other material (collectively the “Content”) provided by Pinya in connection with the Services, including, without limitation, any copyrights in or to the Content, belong to Pinya and its content providers, and you will not assert any claims to the contrary. You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to. You may not: (a) copy, edit, alter, modify or prepare any derivative works of the Content or any portion thereof; (b) remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are included as a part of the Services; or (c) resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the Content in any form.

User Materials

As part of the Services, You may create or provide, or the Services may collect information, data and other materials in electronic format which will be utilized through the Services (collectively “User Materials”).

Pinya will have the right, in its discretion, to store User Materials or delete User Materials following the expiration or termination of the Services. Pinya will use reasonable efforts to notify you before it deletes any User Materials, but Pinya shall not be responsible if it fails to do so or if you do not receive Pinya’s notification. While Pinya will implement commercially reasonably security measures to maintain the security of User Materials, Pinya will not be liable to you for any disclosures of Users Materials to third parties or any other breaches of security affecting you or User Materials.

Disclaimer of warranties

Pinya hereby warrants that during the term of this Agreement, the Services will perform, in all material respects, in accordance with its then-current published functional specifications. In the event of any failure of the Services to perform in a material respect to such specifications Pinya will, as your sole and exclusive remedy for such failure, repair the Services.

The services are provided to Subscriber on an "AS IS" and "AS IS AVAILIBALE" basis. To the maximum extent permitted by applicable law, this warranty and the remedies herein are exclusive and in lieu of all other warranties and remedies, whether oral, express, implied or statutory including without limitation, warranties of fitness for a particular purpose, merchantability, warranties for latent or hidden defects. Pinya does not warrant that the specifications or functions contained in the services will meet your requirements, or that the operation of the services will be uninterrupted or error-free, or that defects in the services will be corrected. Furthermore, Pinya does not warrant or make any representations regarding the use or the results of the use of the services provided in respect of its correctness, accuracy, reliability, or otherwise. If this exclusion is not permitted by law, Pinya limits any express, statutory or implied warranties as to duration to the extent of this limited warranty and the repair or replacement remedy as determined by Pinya in its sole discretion. Any use of the services is at your own risk.

Limitation of Liability

PINYA WILL NOT BE LIABLE FOR ANY, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION), WHETHER ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, EVEN IF PINYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED THE FEES, IF ANY, PAID BY YOU TO COMPANY UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You shall indemnify and hold harmless Pinya and its officers, directors, employees and agents from and against liabilities, costs, losses, damages, judgments, expenses (including attorneys' fees and costs of experts and costs of appeals) arising out of or in connection with any and all of the following: (a) any allegation that any of the Applications, Brand Features and Marks or Content infringe, misappropriate or violate any intellectual property right, (b) any violation of this Agreement, including, without limitation, any breach of any representations or warranties contained herein, (c) your provision or distribution of the Application or any Content, (d) your use of any of the Company Software or receipt of the Services, (e) any activity relating to your account, (f) any failure of you to have all necessary rights and licenses.

Amendment

Pinya will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon Pinya sending you notice of the modification. Your continued use of the Services after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to terminate your access to the Services.

Choice of Law

This Agreement shall be governed by the laws of the State of Florida and of the United States, without regard to any conflict of laws provisions. You hereby consent to jurisdiction of the state and federal courts of Florida.

Miscellaneous

The delay or failure of either party to exercise any right provided in these Terms of Service shall not be deemed a waiver. These Terms of Service: (a) may not be amended by you, but Pinya may amend these Terms of Service from time to time, (b) constitutes the entire understanding between the parties with respect to the subject matter of these Terms of Service and supersedes all written and oral prior agreements, negotiations and discussions between the parties relating to it, and (c) is for the sole benefit of Pinya and you and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms of Service. This Agreement represents the entire understanding and agreement between you and Pinya concerning your Use of the Services and Product, and supersedes any prior representations, understandings or agreements.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

PRIVACY POLICY

Pinya Software LLC. (Pinya) respects your privacy. Pinya is committed to protect it through our compliance with this privacy policy (Privacy Policy). The following Privacy Policy explains our online information practices, use of the information you provide us and the choices you can make about the way your information is used by Pinya through the website. This Privacy Policy describes the type of information that we collect from you through the use of the websites www.pinyaguard.com (our Website).Please read the following to learn more about our Privacy Policy.

Our websites also include links to third-party websites. As a rule, these are identified by stating the respective third-party Internet address or the company/product logo. Pinya has no influence whatsoever on the contents and design of websites of other providers. By referencing/linking these external websites we do not adopt their contents as our own.

Pinya encourages you to review the privacy statements of other websites and applications to understand their information practices.

Please read the following carefully to understand our policies and practices regarding your information and how we will treat it. By using the Website and providing personally identifiable information about yourself, you do hereby consent to (a) our Terms of Use, (b) our collection, use, and sharing of data as described in this Privacy Policy; (c) the notice, choice, access, and security we are providing, as described above. This Privacy Policy may change from time to time and your continued use of the Website is deemed to be acceptance of such changes, so please check the Privacy Policy periodically for updates.

Information you provide to us

We collect and use personal information that you voluntarily provide to us on our Website including but not limited to your name, address, email address, telephone number or financial information, in the following circumstances: (a) when you register for an account or subscribe to use the products or our Website; (b) when you request support, services or information about the products or our Website; (c) when you participate in a contest, promotion or survey sponsored by us; (d) if you contact us we will collect the personal information contained within your correspondence; (e) when you carry out transactions through our Website or purchase a license to a product including on a trial basis or any upgrades.

If you choose not to provide the personal information we request, you can still visit most areas of the Website, but you may be unable to access certain options, offers and services that involve interaction.

What information may be collected

Users of the Website may browse without being obligated to submit any personal information; however, we may collect certain personally identifiable information from you in certain areas of the Website for certain purposes. We may automatically collect statistical or aggregate non-personal information about your interaction with our Website.

We may collect information including the Internet protocol (IP) addresses, browser type, internet service provider (ISP), pages that you access, referring/exit pages, operating system, resources that you access, date/time stamp and other interactions with our Website. This information can assist us in analyzing trends, providing statistical information and improving our Website.

If we link or associate any information gathered with personal information we treat the combined information as personal information. Otherwise we use and disclose information collected solely by passive means in aggregate form or in a non-personally identifiable form. We may collect, use and disclose non-personal information for any purpose.

Technologies

Generally, Pinya collects personal information directly from the individuals concerned. Pinya may also collect personal information about individuals indirectly from third parties, such as from our business partners, from third party providers of marketing lists, and through various other methods, including but not limited to:

(a) Cookies - Internet cookies save data about individual visitors, such as the organization’s name, password, user-name, screen preferences, and the pages of a service viewed by the visitor. When the visitor revisits our Website, Pinya may recognize the visitor by the Internet cookie and customize the visitor’s experience accordingly. Visitors may decline Internet cookies, if any, by using the appropriate feature of their web client software, if available.

(b) Pixel Tracking - Software Advice may employ a common technique usually referred to as "pixel tracking" to measure the effectiveness of marketing and advertisements, as well as compile aggregate usage statistics. Pixel tracking, which may be used in connection with advertisements on other sites, on the Website or in e-mail messages, involves the use of pixel tags (also known as "clear gifs," "Web beacons" or "1-by-1 gifs") that are not visible to the user of the site and consist of a few lines of computer coding. This data is collected for use in our marketing and research. Personally identifiable information about you is not collected by pixel tracking, nor is any tracking information generated from the pixel tag allowed to be used for any other purpose other than to report Website activity to us.

How collected information is used

Users of the Website may browse without being obligated to submit any personal information; however, we may collect certain personally identifiable information from you in certain areas of the Website for certain purposes: (a) to provide you with information, newsletters and products or services that you request from us; (b) to administer, operate, maintain and improve our services and Website; (c) to allow you to purchase and download products and participate in interactive features of our services, when you choose to do so; (d) to notify you about any changes or provide you with support; (e) to carry out our obligations, process and enforce our rights arising from any contracts entered into between you and us such as communications related to payments and changes to our terms, conditions and policies; (f) for internal purposes such as performing research and analysis and to provide anonymous reporting internally or externally; (g) for marketing and promotional purposes so as to provide you with information about products or services we think you might like. You may opt-out of receiving these communications by following the steps described below; (e) for any other purposes that we may disclose to you at the point at which we request your personal information and pursuant to your consent.

Once you have registered for the products we reserve the right to send you certain communications relating to the products, such as service announcements and administrative messages that are considered as part of the product.

Disclosure of your information

We do not sell or rent your personal information to third parties. Pinya is committed to ensuring the protection of individual user information. We have implemented security measures to protect individual user information collected on our website against loss, misuse or alteration. However, the Internet is an open system and we cannot and do not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted. We may disclose your non-private, aggregated or otherwise non-personal information that does not identify you, to our partners or other third parties about how our customers, collectively, use our Website but we do not sell or share any information at the individual level.

Choices you can make about your information

You may choose to receive or not receive marketing communications from us by indicating your preferences. If you would prefer not to receive future marketing communications please contact us at email Pinya at unsubscribe@pinyaguard.com with your request, stating ’Unsubscribe‘ in the header and what email addresses you wish not to receive Pinya emails. Within a reasonable period, we shall ensure that such email addresses are unsubscribed and shall no longer receive any communications from us.

Even if you opt out of receiving marketing communications, we may still communicate with you in connection with servicing your account, fulfilling your request, or administering any promotion or any program in which you may have elected to participate.

Also, by adjusting the settings in your browser, you can refuse to accept cookies or give yourself the opportunity to accept or reject cookies, or receive notice of cookies. Software programs are available that block cookies. Refusing cookies may impinge or block altogether your user experience on the Website by eliminating personalization or other features.

You should review this Privacy Policy carefully, because if you do not agree with our practices, your ultimate choice is not to use the Website. Remember, by using any part of the Website, you accept and agree to our privacy practices. If we update this Privacy Policy, your continued use of the Website (following the posting of the revised Privacy Policy) means that you accept and agree to the terms of the revised Privacy Policy.

Accessing and correcting your personal information

You can review, update, correct or delete your personal information by logging into the Website and visiting your account profile page and making changes. If you wish to amend, correct, update, delete or opt-out of any information to which you have previously opted-in or wish to review information we have collected about you, please contact Pinya via e-mail at privacy@pinyaguard.com, and we will attend to your request and make any necessary revisions. While we will strive to accommodate your requests, we may reject requests, which risk the privacy of others, are unreasonable or repetitive, require disproportionate technical effort (such as developing new systems or fundamentally changing an existing business practice), or would be extremely impractical. Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort.

If you request that we delete your account we will do so within a reasonable period, but we may need to retain some of your personal information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.

Where we store your personal data

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password, which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Personal Information collected may be stored and processed in the United States or any other country in which the entities represented by our affiliated and subsidiary companies or Business Partners maintain facilities. We ensure that such storage and processing is subject to appropriate levels of protection to safeguard your Personal Information.

Children's privacy

Pinya does not solicit personal information from children. We abide by the United States Children's Online Privacy Protection Act and will not knowingly collect personally identifiable information from children under age 13. If you are under 13 years of age, please do not submit any Personal Information through this Website without the express consent and participation of a parent or guardian.

Changes to our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. It is your responsibility to check this page from time to time to check for any change. Your continued use of the Website shall be deemed to be your consent to such changes. The date the Privacy Policy was last revised is identified at the bottom of the page.

Contact information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: privacy@pinyaguard.com

Corporate address

Pinya Software LLC

6538 Collins Ave. #286

Miami Beach FL 33141

Email: privacy@pinyaguard.com

Last Update: March 1, 2017

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