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Privacy Policy, End User Licence & Service Agreement

Please read this privacy policy, end user license and service agreement (“Agreement”) carefully before downloading the Inky Phish Fence add-ins, native client, mobile client, browser extensions or other software (“client software) or using the inky phish fence secure email services (“services”) offered by inky technology corporation (“Inky”). This agreement sets forth the legally binding terms and conditions for your use of the client software and services. By clicking “accept” below or by downloading the client software or using the services, you agree to be bound by this agreement. If you are acting on behalf of a business or other organization, you are agreeing to these terms on behalf of that business or organization and you represent and warrant that you have the right to bind that business or organization to this agreement.

1. Services & Support

1.1

Subject to the terms and conditions of this Agreement, Inky will provide Customer with access to the Services through the internet.  The Services are subject to modification from time to time at Inky’s sole discretion, for any purpose deemed appropriate by Inky.  Inky will use reasonable efforts to give Customer prior written notice of any such modification.

1.2

Inky will undertake commercially reasonable efforts to make the Services available twenty-four (24) hours a day, seven (7) days a week.  Notwithstanding the foregoing, Inky reserves the right to suspend Customer’s access to the Services: (i) for scheduled or emergency maintenance, or (ii) in the event Customer is in breach of this Agreement.

1.3

Subject to the terms hereof, Inky will provide reasonable support and training in relation to the onboarding, configuration and general operation of the Services to one (1) technical representative of Customer who will be responsible for all matters relating to this Agreement (“Primary Contact”).  Customer may change the individual designated as Primary Contact at any time by providing written notice to Inky.  Such training and support shall be made available from Monday through Friday during Inky’s normal business hours.  Such support and training shall be provided via email and/or telephone.  Additional training and support is available upon request and is provided subject to the terms of a separate, mutually agreed Professional Services Agreement.

1.4

Customer agrees to participate in press announcements, case studies, or other forms of publicity reasonably requested by Inky.  Inky is permitted to disclose that Customer is one of its customers.

2. Restrictions & Responsibilities

2.1

 Access to the Services requires Customer to install certain Client Software.  Inky authorizes Customer to distribute the Client Software to its own bonafide employees and independent contractors (“End Users”) and hereby grants Customer (including its End Users) the limited, non-exclusive, royalty-free right to install and operate the Client Software solely for Customer’s authorized use of the Services for so long as Customer maintains an active Services subscription with Inky (whether purchased directly from Inky or from a distributor, reseller or other third party authorized by Inky to sell Services subscriptions (“Reseller”).  Customer’s use of the Services is subject to any further limitations set forth in a quotation issued by Inky and accepted by Customer or, if the Services are acquired through a Reseller, in an order form, purchase confirmation or similar ordering document issued by the Reseller (any such quotation or ordering document, an “Order Form”), which may include, without limitation, “site” or “seat” limits or capacity restrictions.

2.2

Customer will not, and will not permit its End Users or any third party to: copy, distribute, reproduce or use any the Services and Client Software except as expressly permitted under this Agreement.  reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or Client Software (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law); modify, translate, or create derivative works based on the Services or Client Software; use the Services or Client Software for timesharing or service bureau purposes or for any purpose other than its own use for the benefit of End Users; or use the Services or Client Software other than in accordance with this Agreement and in compliance with all applicable laws and regulations.  Customer will be responsible for maintaining the security of Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account with or without Customer’s knowledge or consent.

3. Intellectual Property Rights & Use Of Data

3.1

Except as expressly set forth herein, Inky alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Services and the Client Software and shall be free to use for any purpose any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any third party relating to the Services and/or the Client Software.  This Agreement is not a sale and does not convey to Customer any rights of ownership in or related to the Services or Client Software, or any intellectual property rights.

3.2

Customer will not, and will not permit its End Users or any third party to: copy, distribute, reproduce or use any the Services and Client Software except as expressly permitted under this Agreement.  reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or Client Software (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law); modify, translate, or create derivative works based on the Services or Client Software; use the Services or Client Software for timesharing or service bureau purposes or for any purpose other than its own use for the benefit of End Users; or use the Services or Client Software other than in accordance with this Agreement and in compliance with all applicable laws and regulations.  Customer will be responsible for maintaining the security of Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account with or without Customer’s knowledge or consent.

3.3

Inky shall hold Customer harmless from liability to third parties resulting from infringement by the Services of any United States patent or any copyright or misappropriation of any trade secret, provided Inky is promptly notified of any and all claims, suits, allegations and other proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Inky will not be responsible for any settlement it does not approve. The foregoing obligations do not apply with respect to portions or components of the Services (i) not created by Inky, (ii) resulting in whole or in part in accordance from Customer specifications, (iii) that are modified after delivery by Inky, (iv) combined with other products, processes or materials (including Content) where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Client Software or Services is not strictly in accordance with this Agreement and all related documentation. Customer will indemnify Inky from all damages, costs, settlements, attorneys’ fees and expenses related to (i) any claim of infringement or misappropriation excluded from Inky’s indemnity obligation by the preceding sentence.

4. Term, Termination

4.1

This Agreement shall commence as of the date it is executed in writing or electronically accepted, as the case may be, and thereafter shall run for the initial term specified in the applicable Order Form (“Initial Term”).  If no initial term is specified in the Order Form, the Initial Term shall be one (1) month.  After the Initial Term, the Agreement shall automatically renew for one or more successive renewal terms (each, a “Renewal Term”) unless either party gives the other party written notice of its intent not to renew the Agreement at least thirty (30) days prior to the end of the then-current Initial Term or Renewal Term as the case may be.  If the Services subscription was purchased through a Reseller, such notice must also be given to the Reseller.  Non-payment of applicable Fees shall not be considered notice of non-renewal.

4.2

In the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty-day period.  Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party’s making an assignment for the benefit of creditors, or (iii) upon the other party’s dissolution or ceasing to do business.

4.3

All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.

5. Warranty

5.1

Inky represents and warrants that (i) the Services will be provided in a professional manner in accordance with the terms of this Agreement and substantially in conformity with all official end-user documentation supplied by Inky and (ii) it will not knowingly include in any Client Software any computer code or other computer instructions, devices or techniques, including without limitation those known as disabling devices, trojans, or time bombs, that intentionally disrupt, disable, harm, infect, defraud,  damage, or otherwise impede in any manner, the operation of a network, computer program or computer system or any component thereof, including its security or user data.

5.2

 If, at any time, Inky fails to comply with the above warranty, Customer may promptly notify Inky in writing of any such noncompliance.  Inky will, within thirty (30) days of receipt of such written notification, either correct the noncompliance or provide Customer with a plan for correcting the noncompliance within a reasonable period of time.  If the noncompliance is not corrected or if a reasonably acceptable plan for correcting them is not established during such period, Customer may terminate this Agreement as its sole and exclusive remedy for such noncompliance and Inky shall issue a refund (or a credit to the Reseller, if applicable) for nay prepaid and unused portions of the initial term or renewal term, as the case may be.

6. Warranty Disclaimer

OTHER THAN THE WARRANTY EXPRESSLY PROVIDED IN SECTION 6, THE SERVICES, CLIENT SOFTWARE AND ALL RESULTS PROVIDED BY OR OTHERWISE OBTAINED THROUGH THE SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTIES OF ANY KIND AND SERVICE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  NO GUARANTEE IS MADE THAT ANY PARTICULAR RESULTS WILL BE ACHIEVED, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE RESULTS OF THE SERVICES WILL BE ACCURATE OR COMPLETE.

7. Limitation of Liablity 

IN NO EVENT WILL  SERVICE PROVIDER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE FOR THE FAILURE TO DETECT A “PHISHING”, “HACKING” OR OTHER ATTEMPT BY A THIRD PARTY TO GAIN UNAUTHORIZED ACCESS TO INFORMATION, DATA OR PERSONNEL OR FOR THE FRAUDULENT,  DECEPTIVE, DESTRUCTIVE OR OTHERWISE DAMAGING ACTS OR ATTEMPTED ACTS BY A THIRD PARTY.  THE TOTAL LIABILITY OF SERVICE PROVIDER, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE THE AMOUNTS PAID AND PAYABLE TO INKY (OR, IF APPLICABLE, THE APPLICABLE RESELLER) DURING THE SIX (6) MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED.  THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

8. U.S. Government Matters

Notwithstanding anything else, Customer may not provide to any person or export or re-export or allow the export or re-export of the Services or any software or anything related thereto or any direct product thereof (collectively “Controlled Subject Matter”), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Without limiting the foregoing Customer acknowledges and agrees that the Controlled Subject Matter will not be used or transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”).  The lists of Embargoed Countries and Designated Nationals are subject to change without notice.  Use of the Services is representation and warranty that the user is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National.  The Controlled Subject Matter may use or include encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations.  As defined in FAR section 2.101, any software and documentation provided by Inky are “commercial items” and according to DFAR section 252.227‑7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.”  Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

9. Miscellaneous

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.  This Agreement is not assignable, transferable or sublicensable by Customer except with Inky’s prior written consent.  Inky may transfer and assign any of its rights and obligations under this Agreement with written notice to Customer.  Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Inky in any respect whatsoever.  In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.  All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid.  Inky will not be liable for any loss resulting from a cause over which it does not have direct control.  This Agreement will be governed by the laws of the state of Maryland, U.S.A. without regard to its conflict of laws provisions.  The federal and state courts in the state of Maryland, U.S.A. will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this Agreement.

10. Proprietary & Confidential Information

This privacy policy (this “Privacy Policy”) applies to INKY Technology Corporation (hereinafter, collectively referred to as the “Company”).  This Privacy Policy describes the Company’s standards and procedures for handling Personal Information (as defined below).

Scope

This Privacy Policy applies to the website https://INKY.com (hereinafter, the “Website”), which is owned and operated by the Company. This Privacy Policy describes how the Company collects and uses the Personal Information of a “User” of the Website which such Personal Information is provided by the User to the Company through the Website.

 A “User” where referenced herein shall mean and refer to any person or, if applicable, to any entity, who is a user of or visitor to the Website, and may include, but is not limited to, the Company’s current customers, potential partners and customers.

 This Privacy Policy also describes the choices available to each User regarding the Company’s use of the User’s Personal Data (defined below) and how a User can access and update this personal information.

 Definitions

  • “Personal Data”, or “Personal Information, refers to data or information about an identified or identifiable individual (i.e., “personally identifiable information”), is received by an organization and is recorded in any form.
  • “Processing” of Personal Data means any operation or set of operations which is performed upon Personal Data, whether by automated means, and includes operations such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure or dissemination, and erasure or destruction.
  • “Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of Processing Personal Data.
  • “Onward Transfer” means the transfer of Personal Data from the Company to a third party.

Personal Information the Company Collects

The Company may collect Personal Information from its Users in a variety of ways, such as through the Website, email marketing, paper marketing, advertising, telephone contact and other instances where Users have volunteered this information to the Company (such as a conference or event). This collected information may include:

  • Contact information, such as name, email address, mailing address, phone number;
  • Billing information such as a billing address;
  • Information about a User’s business, such as the company name, address, business type.
  • Credit card information

The Company does not collect the following types of information from its Users:  personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual), ideological views or activities, information on social security measures or administrative or criminal proceedings and sanctions, which are treated outside pending proceedings.

Purposes of Collection and Use

The Company may use the Personal Information it collects to:

  • Send Users requested information about the Company’s products or services;
  • Respond to requests submitted by Users;
  • Administer User accounts;
  • Send Users marketing communications;
  • Respond to User questions and concerns; and
  • Improve the Website and marketing efforts.

Sharing Information

The Company will share User information only in the ways described in this Privacy Policy. The Company does not rent, sell or distribute User information to third parties.

FINANCIAL INFORMATION

Whenever a User supplies the Company with financial information such as a credit card number or other billing information, the Company will not sell, share or rent any financial information collected other than in a way described in this Privacy Policy or as necessary to make payment for an order or service with the Company.

LAW ENFORCEMENT DISCLOSURE

The Company may disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. The Company may disclose Personal Data, including the data Users submit to it, with or without notice to such Users (a) if required by a subpoena or other judicial or administrative order, (b) where required by law, or (c) at the Company’s sole discretion, where the Company deems it necessary to protect the safety of any individual, the general public, or to prevent violation of the rights of the Company or any third party.

USER TESTIMONIALS

The Company may post User testimonials, comments or quotes on the Website which may contain some Personal Information about the User’s company or person. The Company always requests permission from such User before posting any such content on the Website. If a User wishes to have their testimonial updated, deleted, or changed the User should contact the Company by email at privacy@INKY.com  or by mail or telephone at the contact information set forth below.

SOCIAL MEDIA FEATURES

The Website includes certain social media features such as Facebook, Twitter, LinkedIn and Google+ buttons. These features may collect a User’s IP address, which page a User is visiting on the Website, and may set a Cookie (as defined below) to enable the social media feature to function properly. Social media features are either hosted by a third-party service provider or hosted directly on the Website. Due to this, this Privacy Policy does not apply to social media features nor to a User’s interactions with those features, as a User’s interactions with those features are governed by the privacy policies and other such policies of the companies providing them.

User Access and Choice

Each User may access all its Personal Information which the Company has collected and maintained on the User by contacting the Company by mail, telephone or email at the contact information provided below. Such access by a User includes making changes, corrections, removing or amending account information, or other Personal Information the Company may have about a User. The Company will take commercially reasonable steps to verify a User’s identity prior to giving them access or making changes and corrections to personally identifiable information.

The Company will retain a User’s Personal Data for as long as the Company is providing a product, service or information to User which the User has requested or contracted to receive from the Company. The Company may also retain and use a User’s Personal Data as necessary to comply with legal obligations, enforce its agreements with the User, or to resolve a dispute.

Users have the right to choose (opt out) whether their Personal Data is: (a) to be disclosed to a third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized.  Individuals may send opt out requests to the Company by mail, telephone or email at the contact information provided below. All Users, at any time, may request to opt-out of the Company’s marketing communications by clicking the ‘unsubscribe’ link located in the footer of all marketing communication, or may do so by contacting the Company by mail, telephone or email at the contact information provided below.

Tracking Technologies

COOKIES

When Users interact with the Website, the Company uses “Cookies” to keep track of a User’s preferences and to make the User’s experiences simple and meaningful. A “Cookie” is a small file that is stored on the User’s computer for record keeping purposes. The Company does not link this information to any personally identifiable information that may be submitted by the User on the Website. The Personal Data the Company collects may include the pages on the Website which a User visited or how long such User visited the Website for. The primary purpose of Cookies is to provide a convenience feature to save Users time when the Users revisit the Website. If a User prefers otherwise, each User has the ability to decline Cookies, modify them, or remove them by changing their web browser settings.

 LOG FILES, WEB BEACONS/GIFS

The Company uses a third-party provider that employs a software technology called “Clear Gifs” (also known as “web beacons” or “web bugs”), which are tiny graphics with a unique identifier, similar in function to Cookies, and are used to track the online movements of web users. In contrast to Cookies, which are stored on a web user’s computer hard drive, Clear Gifs are embedded invisibly on web pages or in emails and are about the size of the period at the end of this sentence. The Company uses Clear Gifs in its HTML-based emails to let it know which emails have been opened by the recipients. This allows the Company to gauge the effectiveness of its marketing campaigns. The Company ties the information gathered by Clear Gifs in emails to its Users’ Personal Information. If a User would like to opt-out of these emails, they should contact the Company directly by mail, telephone or email at the contact information provided below, or, at any time, a User may request to opt-out by clicking the ‘unsubscribe’ link located in the footer of all marketing communication.

LOG FILES/ANALYTICS

The Company gathers certain information automatically and this is stored in a log file. This information includes Internet protocol addresses (“IP”), browser type, domain names, access times, referring website, country, pages visited, operating system, date and time stamp and other data about what pages User visited on the Website and how long a User was there. The Company does not link this information to personally identifiable information, it is used purely for analytics purposes to see trends on the use of the Website and to gather information about the visitors to the Website.

ADVERTISING

The Company uses third-party providers to deliver targeted advertising messages.

Cross-device matching: Identifying all devices that are likely to be associated with Users so that ads can be targeted, capped and sequenced across those devices. For example, cross-device matching helps us NOT show you ads for the shoes you were looking at on your phone but that already purchased on your tablet. Instead we’ll try to show you ads for an upcoming triathlon where you can put those shoes to work. It also helps us match devices so we can honor your opt-out choices across all devices we know are connected to the opted-out cookie.

THIRD PARTY TRACKING TECHNOLOGIES

The use of third party tracking technologies by the Company’s service providers, such as with the various social media features, is not covered by this Privacy Policy and the Company does not have access or control over these third party tracking technologies.

Information about Children

The Website is not designed or intended to attract children under the age of thirteen (13). The Company does not knowingly collect or maintain information from or on any child under the age of thirteen (13). The Company is committed to protecting the privacy of the very young; if a User believes the Company has collected information about a child under thirteen (13), please contact the Company by email at privacy@INKY.com or by mail or telephone at the contact information provided below so that the Company can delete it.

How to Contact the Company

If any User has any questions about this Privacy Policy or about the Company’s dealings with such User’s Personal Data, they should contact the Company directly through one of the methods set forth below.

Contact Methods:

By email, at: privacy@INKY.com 

By mail, at:     

INKY Technology Corporation

Attn: INKY Privacy Officer

155 Gibbs Street #515

Rockville, MD 20850

USA

By telephone, at: (866) 974-8613

CHANGES TO THIS POLICY

The Company may make changes to this Privacy Policy from time to time, and each new version of this Privacy Policy will be posted to the Website at that time. The Company encourages each User to check back to this Privacy Policy from time to time so that each User is aware of how these changes may affect the Personal Data the Company has about the User. Each User’s use of the Website and any communication the Company sends to User are subject to the most current posted version of this Privacy Policy.

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