By offering this Website for use, we provide you with a worldwide, nonexclusive, revocable, limited license to access and make personal use of the information and services on this Website, strictly subject to and in accordance with these Terms. Licenses are only transferable by contacting Nymity. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, without prior notice.
Limitations on Usage
The content on this Website is for your personal use only and not for commercial exploitation.
You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the content.
You may not copy, modify, reproduce, download, sell, resell, duplicate, republish, distribute, display, transmit or otherwise exploit for commercial, non-profit or public purposes all or any portion of this Website, without Nymity’s prior written consent, except to the extent permitted below.
You shall not use this Website in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to or used for this Website.
You shall not interfere with any other party's use and enjoyment of this Website, or of any of the content, information, or services provided on this Website.
You shall not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
You shall not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
You shall not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this Website, through password mining, hacking, or any other means.
You shall not seek to gain access to any materials or information through any means not intentionally made available by Nymity.
You shall not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Website or the content, information or services on this Website without Nymity’s prior written consent.
You shall not make any use of the trademarks, service marks, trade names, logos, and graphics on this Website without Nymity’s prior written consent.
You shall not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users.
You shall not collect any e-mail addresses made available on this site for purposes of promotions or marketing campaigns.
You shall not use any framing techniques to enclose any portion of this Website (including, but not limited to, images, text, page layout, and form) without Nymity’s prior written consent.
You may copy and share content of this Website only through use of the “PDF and FORWARD” function. PDFs may be forwarded solely for the purpose of knowledge and not for any commercial use or gain. With the exception of legal and consulting firms, PDFs may be forwarded by subscribers one (1) time only within the same corporate entity, government department or agency, and healthcare organization as the subscriber. Where the subscriber is a member of a legal or consulting firm, PDFs may be forwarded to their clients. The recipients of the forward may not re-forward the PDFs to anyone else. Use of the PDF and its content are subject to these Terms.
You shall not forge headers and footers or otherwise manipulate identifiers in PDF copies in order to disguise or alter the origin of any content transmitted through the services.
You shall not use or otherwise export or re-export this Website or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America and Canada. Any unauthorized use of this Website or its content is prohibited.
This Website requires users to subscribe as a means of accessing content. By subscribing, you agree to provide accurate and complete information and to inform us of any changes to that information. Each subscription is for a single user only, unless otherwise expressly provided. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Nymity does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. In case of misuse, we may terminate further access or take such other action as we, in our sole discretion, deem appropriate. If you believe there has been unauthorized use, you must notify us immediately.
Not Legal Advice
Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Website treated as confidential. The information provided is not a substitute for legal or other professional advice. The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Your use of content on this Website or materials linked from this Website is at your own risk.
Intellectual Property Rights
You agree that the technology and content provided on the Website, such as, but not limited to text, publications, papers, compliance kits, analysis, reviews, advisories, interviews, newsletters, articles, opinions, views, graphics, images, HTML code, multimedia clips, Java code, and the selection and arrangement of information ("Materials"), are protected by copyright, trademark, service marks, patents and other intellectual property rights and laws under both Canadian and foreign jurisdictions. Unauthorized use of the Materials may violate copyright, trademark, patent and other laws. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. Nymity and its licensors retain all proprietary rights to that content and technology. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise under copyright or other intellectual property rights.
Third Party Content
Third party content (including, without limitation, content from research partners and solution providers and content in subscriber’s forum entries) may appear on this Website or may be accessible via links from this Website. Any opinion, advice, article, publication, statement, service, offer, or other information or content expressed or made available on this Website or on any site linked to this Website, is that of the respective author or distributor. Nymity assumes no obligation to update the Materials, advise on further developments concerning topics mentioned or update the functionality of the Website. Nymity shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Nymity.
(i) forum entries
Nymity has no obligation to monitor or screen forum entries and is not responsible for the content in such forum entries or any content linked to or from such forum entries. Nymity however reserves the right, in its sole discretion, to monitor, screen and edit forum entries, cause forum entries not to be posted, published, uploaded or distributed, and remove forum entries, at any time and for any reason or no reason.
You shall not post, publish, upload or distribute any forum entries which are unlawful or abusive in any way, including, but not limited to, any forum entries that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, provincial, state, federal or international law or regulations, either intentionally or unintentionally.
(ii) no solicitation
You shall not distribute on or through this Website any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Nymity. In no event may any person or entity solicit anyone with data retrieved from this Website. Notwithstanding the foregoing, in any subscriber forums of this Website, in the signature line following a forum entry, you may list along with your name, address and e-mail address, your company name or own website's URL.
Links to Other Sites
The Website may contain links to other sites as well as e-mail links. These links are provided solely as a convenience to you. These other sites were independently developed by parties other than Nymity and Nymity assumes no responsibility for the accuracy or appropriateness of the information contained in such sites. The inclusion of any link to another site does not imply endorsement by Nymity. Any mention of another party or its product or service on the Web Site should not be construed as an endorsement of that party, its products, and/or services. If you decide to access linked third party web sites, you do so at your own risk.
Limitation of Liability and Disclaimer
THIS WEBSITE, THE CONTENT, SUBSCRIBER FORUMS AND SOLUTION PROVIDERS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NYMITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, OR THE CONTENT, INFORMATION, OR SERVICES INCLUDED ON THIS WEBSITE. NYMITY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
NYMITY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, THE SUBSCRIBER FORUMS AND THE CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEBSITE, THE SUBSCRIBER FORUMS, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEBSITE, THE SUBSCRIBER FORUMS, THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE, THE SUBSCRIBER FORUMS OR THE CONTENT.
NYMITY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE, THE CONTENT, THE SUBSCRIBER FORUMS, OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH A SUBSCRIBER FORUM. NYMITY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, THE SUBSCRIBER FORUMS OR THE CONTENT.
This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. Nymity will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
You agree to indemnify, defend and hold Nymity, its officers, directors, employees, affiliates, agents, licensors, suppliers and any third party information providers to the Website harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or related to any use of the Website, or of any content, data, or documentation received through the Website by you, regardless of any form of action.
Governing Law and Jurisdiction
The Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada and any action arising out of or relating to these Terms shall be filed only in courts located in Ontario and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
Addendum added April 8, 2011
Accountability Reporting Tool
The Accountability Reporting Tool found on the Website provides you with the ability to generate maturity models regarding privacy practices, including “Personal Models” and “Organizational Models”. Each subscriber is entitled to one Personal Model. The organization is entitled to one Organizational Model per subscriber that can be deployed to one or more subscribers. To create additional models beyond these limits, a subscription for additional models must be purchased.
(i) Personal Models:
A Personal Model may be generated by you for your own purpose, and the Personal Model may be shared with any other party, including others within the same corporate entity.
(ii) Organizational Models:
Organizational Models can be classified as either “viewable & updatable”, which allows you to permit other subscribers to view and make changes to the model, or “viewable only”, which allows you to permit other subscribers to view the model but not make changes. Both types of Organizational Models may be shared with others, including those within the same corporate entity or external to the entity, such as regulators, business partners, vendors, etc.
IMPORTANT: ORGANIZATIONAL MODELS MUST BE ACCURATE BASED ON YOUR KNOWLEDGE OF THE ORGANIZATIONAL PRACTICES AS THEY ARE BEING USED FOR AGGREGATED STATISTICAL PURPOSES TO CREATE INDUSTRY MODELS.
Industry Models are averages that represent an aggregate of Organizational Models. Nymity’s software does not have the technical ability to access individual organizations’ Organizational Models or the information submitted in creating such Models. All data is stored in Canada.
Nymity makes no guarantees as to a state of an organization’s compliance or level of accountability achieved. You agree to indemnify Nymity against any damages resulting from your reliance on models and reports generated using the Website.
Charts Generated using the Website
Several software tools on the Website allow you to generate charts, including the Accountability Reporting Tool, the “What’s Active” module, and the “What’s Emerging” module. These charts may be shared outside of the corporate entity. Underlying Website content that support the creation of such charts, including but not limited to Management Briefs, may only be shared in accordance with the Limitation on Usage stated above.
Newsletters generated using the “Newsletter Generator” tool found on the Website, may only be shared within the same corporate entity as you, however there are no restrictions on the number or use of newsletters.
Through the What’s Emerging and What’s Active modules, you have the option of downloading a Dashboard version of these modules (“the Dashboards”). Access to the Dashboards is controlled using your Nymity password, in accordance with the restrictions as set out in the section on “Account Information” above. Content supporting these modules will be treated in accordance with these Terms.