DATA PRIVACY NOTICE AND END USER LICENSE AGREEMENT
BY CLICKING ON AN "ACCEPT" OR "OK" BUTTON, OR OTHERWISE USING THE PROGRAM, YOU AGREE TO THE TERMS BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN "ACCEPT" OR "OK" BUTTON, OR USE THE PROGRAM.
I. DATA PRIVACY NOTICE
Your Sponsoring Enterprise has authorized IBM to license the Program to you pursuant to the terms below and an agreement between Your Sponsoring Enterprise and IBM. The Program helps protect You by detecting phishing attempts and by blocking and removing malware. The Program is designed to complement Your Sponsoring Enterprise's security solutions. In order to build the Program to recognize and defeat these threats, the Program needs up-to-date information about the threats' nature and behavior. As Your Sponsoring Enterprise's data processor, IBM uses millions of installations of the Program across the globe to gather information on suspected attacks. When you install the Program, not only do you receive the benefit it is designed to provide, but Your installation also joins the community of endpoints providing the information that makes the Program more effective.
IBM collects information as the data processor only for the purposes specified in the agreement between Your Sponsoring Enterprise and IBM, including, without limitation: (1) to learn about, detect and combat suspected attacks in order to enhance the ability of the Program to protect You and other end users as well as Your Sponsoring Enterprise, (2) to learn about suspected Program malfunction, and (3) to provide You with support services that you request.
In the European Economic Area, Your Sponsoring Enterprise is the data controller as defined in the General Data Protection Regulation 2016/679 (GDPR) or succeeding law. Your Sponsoring Enterprise is the controller of any personal data and has agreed to the processing of personal data by IBM as set out in the agreement between the Sponsoring Enterprise and IBM. If You have more than one Sponsoring Enterprise, each Sponsoring Enterprise is an independent data controller. Your Sponsoring Enterprise may provide access to Your collected data, including any personal data, to IBM affiliated companies and IBM's third party subcontractors worldwide as set out in the agreement between the Sponsoring Enterprise and IBM. If you have any questions, please contact your Sponsoring Enterprise. The Sponsoring Enterprise also instructs IBM to use collected information in a pseudonymized form for the purposes outlined in its instructions to IBM.
2. Information Gathered for Protection against Phishing and Malware
As explained above, the Program collects certain information and sends it to IBM for analysis in order to detect malicious activity. Specifically, the Program collects:
• Basic Personal Information (such as: name, address, phone number, email, etc.)
• Technically Identifiable Personal Information (such as device IDs, usage based identifiers, static IP address, etc. - when linked to an individual)
• Personal Location Information (such as geolocation data)
IBM retains the foregoing listed information for the period of time specified in the agreement between Your Sponsoring Enterprise and IBM. If you have any questions, please contact your Sponsoring Enterprise.
In addition, You authorize IBM, as Your Sponsoring Enterprise's data processor, to use the Program to collect malware and malware artifacts, i.e., files related to malicious activity, or files related to unusual Program malfunction. IBM does not use the Program to target files with Your personal information; however, the files collected could contain personal data that has been obtained by the malware without Your permission. IBM will 1) promptly delete any files not relevant to such analysis, and 2) retain relevant files only for the duration of the analysis and in no event longer than three months.
You authorize IBM, as your Sponsoring Enterprise's data processor, to log your personal contact information, including name and email, when you contact Support.
You may choose to send IBM information collected by the Program only when the Program detects critical security vulnerabilities. Choosing this option will result in less protection for your computer. Note that the Program does not enable You to choose to never send collected information or to choose to never allow IBM to remotely direct the Program to send information to IBM, which would significantly weaken the protection for your computer. If you do not want Rapport to send any information, you must uninstall Rapport.
4. Security Measures
In accordance with instructions from your Sponsoring Enterprise, IBM takes appropriate technical and organizational measures against unauthorized or unlawful processing of, and against accidental loss or destruction of, or damage to, any personal data contained in the collected information.
5. Data Review, Correction & Deletion
If you have any questions about how the information described above is being handled, or to access, correct, or delete your personal data, please contact Your Sponsoring Enterprise. If You have more than one Sponsoring Enterprise, You will need to contact each Sponsoring Enterprise. II. END USER LICENSE AGREEMENT
BY CLICKING ON AN "ACCEPT" OR "OK" BUTTON, OR OTHERWISE USING THE PROGRAM, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN "ACCEPT" OR "OK" BUTTON, OR USE THE PROGRAM.
IBM – means International Business Machines Corporation based in Armonk, New York (USA) or one of its subsidiaries.
Program – means IBM Security Trusteer Rapport, including (1) machine-readable instructions and data, (2) components, files, and modules, (3) audio-visual content (such as images, text, recordings, or pictures), and (4) related licensed materials such as documentation.
You – means the end user operating the computer on which the Program is installed.
Your Sponsoring Enterprise – means Your bank that referred you to IBM Security Trusteer Rapport and for whom IBM is contracted to provide the IBM Security Trusteer Rapport Service. You may have more than one Sponsoring Enterprise. If You have more than one Sponsoring Enterprise, any reference to "Your Sponsoring Enterprise" in this EULA is to each of Your Sponsoring Enterprises independently.
2. License Grant
The Program is owned by IBM and is copyrighted and licensed, not sold. IBM grants You a nonexclusive license to install and use the Program only on, and only for the purpose of providing enhanced security to, computers used by You for online banking activities with Your Sponsoring Enterprise, provided that You have lawfully obtained the Program and comply with the terms of this End User License Agreement ("Agreement"), and that You do not (1) use, copy, modify, or distribute the Program except as expressly permitted in this Agreement; (2) reverse assemble, reverse compile, otherwise translate, or reverse engineer the Program, except as expressly permitted by law without the possibility of contractual waiver; (3) use any of the Program's components, files, modules, audio-visual content, or related licensed materials separately from the Program; or (4) sublicense, rent, or lease the Program.
You must have a Sponsoring Enterprise to accept this License and install the Program. Your license terminates and you must uninstall the Program if You cease to have a Sponsoring Enterprise that subscribes to the Program's online services. In addition, IBM reserves the right to terminate Your license or disable or remove the Program at any time if we determine that the Program is being used for malicious or unauthorized purposes.
3. Possible Conflicts
There may be conflicts between the Program and certain third party products. Known conflicts and resolutions are posted on the support site currently located at http://www.trusteer.com/support/faq. IBM may update the location and content of the support site from time to time.
4. No Warranties
SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE PROGRAM OR SUPPORT, IF ANY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT. THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION ALSO APPLY TO ANY OF IBM'S PROGRAM DEVELOPERS AND SUPPLIERS.
If your jurisdiction does not allow the exclusion of express or implied warranties, such warranties are limited in duration to the minimum period required by law. You may have other rights that vary from jurisdiction to jurisdiction.
5. Limitation of Liability
The limitations and exclusions in this section apply to the full extent they are not prohibited by applicable law without the possibility of contractual waiver.
Regardless of the basis on which You are entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM's entire liability for all claims in the aggregate arising from or related to each Program or otherwise arising under this Agreement will not exceed the amount of any damages for bodily injury (including death) and damage to real property and tangible personal property plus the lesser of ten U.S. dollars (US$10.00) or the list price paid by a Sponsoring Enterprise for one Eligible Participant for the Program for one year.
UNDER NO CIRCUMSTANCES IS IBM OR ITS PROGRAM DEVELOPERS AND SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
a. LOSS OF, OR DAMAGE TO, DATA;
b. SPECIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR
c. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
Your license terminates if You do not have or cease to have a Sponsoring Enterprise that subscribes to the Program's online services. In addition, IBM reserves the right to terminate Your license or disable or remove the Program at any time if we determine that the Program is being used for malicious or unauthorized purposes or if You otherwise fail to comply with the terms of this Agreement. If the license is terminated for any reason, You agree to promptly discontinue use of and uninstall the Program.
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
You agree to comply with all applicable export and import laws and regulations, including U.S. embargo and sanctions regulations and prohibitions on export for certain end uses or to certain users.
Unless otherwise required by applicable law without the possibility of contractual waiver or limitation: 1) neither party will bring a legal action, regardless of form, for any claim arising out of or related to this Agreement more than two years after the cause of action arose; and 2) upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse.
No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third party claims against You, except as permitted in the Limitation of Liability section above for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable to that third party.
In entering into this Agreement, neither party is relying on any representation not specified in this Agreement, including but not limited to any representation concerning: (1) the performance or function of the Program; (2) the experiences or recommendations of other parties; or (3) any results or savings that You may achieve.
Both parties agree that all information exchanged is nonconfidential. If either party requires the exchange of confidential information, it will be made under a signed confidentiality agreement.
This Agreement may be updated by IBM from time to time.
7. Governing Law
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Both parties agree to the application of the laws of the country in which You obtained the Program license, without regard to conflict of law principles, except that in the following jurisdictions both parties instead agree to application of the identified laws:
1. In Canada
: the laws in the Province of Ontario.
2. In the United States, Cambodia, Laos, Anguilla, Antigua/Barbuda, Aruba, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Saint Kitts and Nevis, Saint Lucia, Saint Maarten, and Saint Vincent and the Grenadines
: the laws of the State of New York, United States.
3. In Australia
: the laws of the State or Territory in which the transaction is performed.
4. In Hong Kong SAR and Macau SAR
: the laws of Hong Kong Special Administrative Region ("SAR").
5. In Algeria, Andorra, Benin, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna
: the laws of France.
6. In Angola, Bahrain, Botswana, Egypt, Eritrea, Ethiopia, Gambia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe
: the laws of England.
7. In Liechtenstein
: the laws of Switzerland.
8. In Estonia, Latvia, and Lithuania
: the laws of Finland.
9. In South Africa, Namibia, Lesotho, and Swaziland:
the laws of the Republic of South Africa.
All rights, duties, and obligations are subject to the courts of the country in which You obtained the Program license, except in the following jurisdictions:
1. In Hong Kong SAR and Macau SAR
: the courts of SAR.
2. In Korea
: the Seoul Central District Court.
3. In Andorra
: The parties agree to the exclusive jurisdiction of the Commercial Court of Paris.
4. In Austria
: The parties agree to the exclusive jurisdiction of the court of Vienna, Austria (Inner City).
5. In Greece
: The parties agree to the exclusive jurisdiction of the competent court of Athens.
6. In Israel
: The parties agree to the exclusive jurisdiction of the courts of Tel Aviv Jaffa.
7. In Italy
: The parties agree to the exclusive jurisdiction of the courts of Milan.
8. In Portugal
: The parties agree to the exclusive jurisdiction of the courts of Lisbon.
9. In Spain
: The parties agree to the exclusive jurisdiction of the courts of Madrid.
10. In Turkey
: The parties agree to the exclusive jurisdiction of the Istambul Central (Çağlayan) Courts and Execution Directorates of Istambul, the Republic of Turkey.
11. In Cambodia, India, Laos, Philippines, and Vietnam
: Disputes will be finally settled by arbitration in Singapore under the Arbitration Rules of the Singapore International Arbitration Center.
12. In Indonesia
: Disputes will be finally settled by arbitration in Jakarta, Indonesia, under the rules of the Board of the Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia).
13. In Malaysia
: Disputes will be finally settled by arbitration in Kuala Lumpur, under the Arbitration Rules of the Kuala Lumpur Regional Centre for Arbitration.
14. In People's Republic of China
: Either party has the right to submit the dispute to the China International Economic and Trade Arbitration Commission in Beijing, the PRC, for arbitration.
15. In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, Kosovo, Kyrgyzstan, Moldova, Montenegro, Romania, Russia, Serbia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan
: All disputes shall be finally settled by the International Arbitral Centre of the Austrian Federal Economic Chamber under the Rules of that Arbitral Centre (Vienna Rules) in Vienna, Austria, in English, by three arbitrators appointed in accordance with these rules.
16. In Estonia, Latvia, and Lithuania
: All disputes shall be finally settled by the Arbitration Institute of the Finland Chamber of Commerce under the Arbitration Rules of the Finland Chamber of Commerce in Helsinki, Finland, in English, by three arbitrators appointed in accordance with these rules.
17. In Afghanistan, Angola, Bahrain, Botswana, Burundi, Cape Verde, Djibouti, Egypt, Eritrea, Ethiopia, Gambia, Ghana, Iraq, Jordan, Kenya, Kuwait, Lebanon, Liberia, Libya, Madagascar, Malawi, Mauritius, Mozambique, Nigeria, Oman, Pakistan, Palestinian Territory, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Seychelles, Sierra Leone, Somalia, South Sudan, Tanzania, Uganda, United Arab Emirates, Western Sahara, Yemen, Zambia, and Zimbabwe
: All disputes shall be finally settled by the London Court of International Arbitration (LCIA) under the LCIA Arbitration Rules in London, UK, in English, by three arbitrators appointed in accordance with these rules.
18. In Algeria, Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo Republic, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Morocco, Niger, Senegal, Togo, and Tunisia:
All disputes shall be finally settled by the ICC International Court of Arbitration, in Paris under its arbitration rules in Paris, France, in French, by three arbitrators appointed in accordance with these rules.
19. In South Africa, Namibia, Lesotho, and Swaziland
: All disputes shall be finally settled by the Arbitration Foundation of Southern Africa (AFSA) under its arbitration rules in Johannesburg, South Africa, in English, by three arbitrators appointed in accordance with these rules.
Subsections 15-19 of this section 10 do not prevent either party from resorting to judicial proceedings for interim relief to prevent material prejudice or a breach of confidentiality provisions or intellectual property rights.
1. Miscellaneous Country-unique Terms
in the Province of Quebec: Both parties agree to write this document in English. Les parties ont convenu de rédiger le présent document en langue anglaise.
, "two years" in section 8d is replaced by "three years".
, "two years" in section 8d is replaced by "four years".
In Czech Republic
: Pursuant to Section 1801 of Act No. 89/2012 Coll. (the "Civil Code"), Section 1799 and Section 1800 of the Civil Code as amended, do not apply to transactions under this Agreement. Client accepts the risk of a change of circumstances under Section 1765 of the Civil Code.
: Where IBM is in breach of a condition or warranty implied by the Competition and Consumer Act 2010, IBM's liability is limited to the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily obtained for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.
In Czech Republic, Estonia, and Lithuania
: The parties exclude any liability of IBM for defects.
and the United Kingdom
: insert "125% of" before the phrase "the list price paid" in section 6 and delete "ECONOMIC" in section 6.
In France and Spain
: UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR DAMAGES TO REPUTATION.
: UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR FOREGONE BENEFIT.
: IBM's liability may include loss or damage caused by a breach of guarantee assumed by IBM or caused intentionally or by gross negligence.