Terms and Conditions

EULA Synchronoss License Terms (January 2016)

 

IMPORTANT BEFORE DOWNLOADING, INSTALLING, COPYING, ACCESSING OR USING THE SYNCHRONOSS SOFTWARE OR SERVICES ACCESSED VIA SUCH SOFTWARE, CAREFULLY READ THE FOLLOWING LEGAL TERMS ("TERMS"). BY SELECTING THE ACCEPTING OPTION, OR BY DOWNLOADING INSTALLING, COPYING OR USING THE SOFTWARE OR SOFTWARE-BASED SERVICE YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AGREE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT DOWNLOAD, INSTALL, USE OR COPY THE SOFTWARE OR SOFTWARE-BASED SERVICE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.

THIS SOFTWARE/SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE THIS SOFTWARE/SERVICE OR PROVIDE SYNCHRONOSS WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS. BY CLICKING THE "ACCEPT" BUTTON OR DOWNLOADING. INSTALLING OR USING THE SOFTWARE, YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS LICENSE AND IN THE RELATED AGREEMENTS, AND TO ABIDE BY AND COMPLY WITH THIS LICENSE AND THE RELATED AGREEMENTS.

Definitions

The following terms in the Terms and Privacy Policy have a specific meaning.

• "Client", "you", "Your" refers to a private or corporate user or any other data subjects who buy, register for use, or use the Software or Services.

• "Content" means content or media files that You may create, manage, access, download, upload, transmit store or share using the Software.

• "Device" means a handheld device, personal computer, or tablet capable of accessing a wireless network

• "Personal data" refers to any information on private individuals and their personal characteristics or circumstances, which are identifiable to them or their family or household members. The information may include names, e-mail and mailing addresses, telephone numbers, billing and account information, and other information incidental to the services and their provisioning.

• "Metadata" means information about the characteristics of Content. Metadata may include file name, file type, date and/or time the file was shared, created or modified, and any location information that is included in the file (such location data "Location Data").

These Terms cover any and all Synchronoss software, programs and software based services and web applications licensed by or made available to you, including support tools, web portals directly supporting your use of the software or service, related documentation and any updates and upgrades to any of above (together the "Software"). These Terms also apply to such programs that are made available to you under the purchased license or related service agreement where these Terms are specifically appended. You acknowledge and accept that the Software is subject to specific limitations such as purpose of use and certain technical requirements including but not limited to operating system, storage space, geographical location or network connectivity.

Commercial License

Subject to the payment of applicable license fees and subject to the following terms and conditions, you have been granted a non-exclusive, non-transferable right to use the specified Software for a specified time period as separately agreed between yourself and Synchronoss or its distributors. Synchronoss Technologies, Inc. ("Synchronoss", "We", "Our", "Us") and its licensors reserve any and all rights not expressly granted to you. We may change these Terms from time to time. You agree to follow all rules and policies applicable to the Software, including required or automated updates, modifications and/or reinstallations of Software and obtaining available patches to address security, interoperability and/or performance issues. There may be more than one method of accessing the Software. Not all features are available through all access methods.

You may: A) install and use the Software only on Devices owned or leased by you and B) use such Software solely for the purpose of accessing and using Services of Synchronoss in accordance with the terms and any additional terms of use applicable to such Services.

We may at any time terminate your license to the Software, the availability thereof, any of its features, limit or readjust the quota available to you or convert free features to chargeable. Non-payment of amounts due or a prolonged period of inactivity may also lead to deletion of or limiting the access to your content managed via the Software. Where such changes affect your use of the Software, you shall be separately notified.

You represent, warrant and agree that:

• you will use the Software only as authorized by the Terms and in compliance with all applicable laws, rules and regulations, including without limitation, all applicable intellectual property laws, rules and regulations;

• you will not use the Software to redistribute, rebroadcast, publicly perform, publicly display or otherwise transfer any copies of Content, or otherwise make use of Content in any way that would infringe any else's copyright or other ownership right in such Content or violate any laws, rules or regulations applicable to such Content;

• you own or have the necessary licenses, rights, consents, and permissions (including but not limited to patent, trademark, trade secret, copyright, rights of publicity and privacy and other proprietary rights): (a) to store the Content on the Software and to permit access to such Content by others, and (b) to permit Us to fully provide the facilities for the Software, and to exercise the licenses you grant to Us in these Terms;

• the inclusion of your Content and use of the Software to store and provide access to your Content and exercise by Us of the license granted by you herein will not violate or infringe upon the trademark, trade name, copyright, right of privacy or publicity, property rights, or any other proprietary rights of any person or entity;

License Limitations

You may not:

A) install and use the Software against these Terms,

B) distribute copies of the Software to a third party, electronically transfer the Software to a Device belonging to a third party, or permit a third party to copy the Software, except and to the extent where such activity is expressly stated in related documentation;

C) modify, adapt, translate, rent, lease, resell, distribute or create derivative works based upon

1. the Software and/or related files (including but not limited to databases, news, descriptions or any other content) or any part thereof;

D) decompile, reverse engineer, disassemble, or otherwise reduce the Software and/or related files (including but not limited to databases, news, descriptions or communications between softwares) to any human- perceivable form (except to the limited extent permitted under mandatory copyright legislation) as the Service contains or may contain trade secrets of Synchronoss and its licensors;

E) use the documentation for any purpose except to support your use of the Software;

F) disclose the license authorization code provided for the Software installation (including but not limited to subscription key) to any third party;

G) use the Software or any portion thereof to implement any product or service to operate on or in connection with the Service for any other purpose than for which the Software is provided;

H) where the Software includes an Automatic Update Agent component, use such component to publish, distribute and/or obtain software or content (i) not specifically related to Our products and/or services and (ii) not security-related (or any updates to any such software or content); or

I) modify any Content (other than Content that you generate yourself or otherwise own) obtained through the Software for any reason;

J) use the Software for phishing or to transmit spam or malware. Spam includes, but is not limited to, unwanted promotional or commercial content and unwanted or mass solicitation. Phishing includes, but is not limited to soliciting or collecting sensitive data, including but not limited to passwords, financial details, and social security numbers. Malware includes, but is not limited to the transmission of malware, viruses, destructive code, or anything that may harm or interfere with the operation of the networks, servers, or other infrastructure of Synchronoss or its distributors;

K) use the Software to share copyrighted content without authorization or provide links to sites where unauthorized downloads of copyrighted content can be obtained;

L) use the Software to threaten to cause serious physical injury or death to another person, or rally support to physically harm others;

M) use the Software to publish sexually explicit or pornographic images or videos, or any material that promotes or depicts unlawful or inappropriate sexual acts with children or animals.

Please contact Synchronoss directly if you are interested in any other rights to the Software than those granted in these Terms.

Title

Title, ownership rights, and intellectual property rights in the Software shall remain with Synchronoss and/or its licensors. The Software is protected by copyright laws and international copyright and other intellectual property treaties.

Open Source Licenses

You acknowledge that certain components of the Software may be covered by so-called "open source" software licenses ("OSS Licenses"), which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including without any limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format ("Open Source Components"). In respect of the Open Source Components, the following stipulations shall apply; i) to the extent expressly required by the OSS licenses, the terms of relevant OSS licenses (including in particular the scope of license as well as disclaimers of warranties and liabilities) shall apply to the respective Open Source Component(s) in lieu of these Terms and ii) to the extent the applicable terms of OSS Licenses prohibit any of the restrictions in these Terms such restrictions will not apply to respective Open Source Components. Such OSS Licenses relating to respective Open Source Components are located at the installation directory of the Software or in such other place as indicated in the Software, when so required by the terms of OSS Licenses.

Disclosures and Warranty Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS IMPLEMENTED WITHOUT SPECIFIC CONTROLS THAT MAY GENERALLY BE REQUIRED OR CUSTOMARY FOR USERS IN ANY PARTICULAR INDUSTRY (INCLUDING WITHOUT LIMITATION USE IN STORING, TRANSMITTING OR MANAGING CREDIT CARD TRANSACTION DATA) AND ARE NOT DESIGNED TO SATISFY ANY SPECIFIC LEGAL OBLIGATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THAT THE SOFTWARE SATISFIES ANY LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS YOU MAY HAVE. YOU AGREE TO USE THE SOFTWARE IN ACCORDANCE WITH ALL APPLICABLE LAWS AND NOT TO USE THE APPLCIATION IN ANY MANNER THAT MAY IMPOSE LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS ON US OTHER THAN THOSE WITH WHICH WE HAVE EXPRESSLY AGREED TO COMPLY IN THE TERMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE NOT TO CAUSE, OR OTHERWISE REQUEST THAT WE CREATE, RECEIVE, MAINTAIN OR TRANSMIT PROTECTED HEALTH INFORMATION (AS DEFINED AT 45 C.F.R. § 160.103) FOR YOU OR ON YOUR BEHALF IN CONNECTION WITH THE SERVICES OR IN ANY MANNER THAT WOULD MAKE SYNCHRONOSS A BUSINESS ASSOCIATE (AS DEFINED AT 45 C.F.R. § 160.103) TO YOU.

DISCLAIMER OF WARRANTY ON SOFTWARE. THE SOFTWARE AND ANY CONTENT IS PROVIDED "AS IS", WITHOUT ANY WARRANTY. SYNCHRONOSS, AND ITS LICENSORS AND DISTRIBUTORS DO NOT GUARANTEE THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SYNCHRONOSS AND ITS LICENSORS AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, AVAILABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND RELATED DOCUMENTATION. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT USE, AS WELL AS COMPATIBILITY AND INTEROPERABILITY PROBLEMS, CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH.

No oral or written information or instructions given by Synchronoss, its distributors, agents, or employees shall create a warranty or in any way increase the scope of the foregoing limited warranty and you may not rely on any such information or instructions. Some jurisdictions do not allow the limitation or exclusion of express or implied warranties, so the above exclusion may not apply to you, and you may have other rights, which may vary from jurisdiction to jurisdiction.

Limitation of Liability

IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO TORT OR CONTRACT, SHALL SYNCHRONOSS, ITS EMPLOYEES, LICENSORS, DISTRIBUTORS, AGENTS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, LOSS OF REVENUE OR PROFIT, ANY SECURITY ISSUES THAT MAY RESULT FROM YOUR USE OF THE SOFTWARE, LOST, STOLEN OR DAMAGED DATA, FILES, DEVICE OR SOFTWARE FAILURE OR MALFUNCTION OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SYNCHRONOSS, ITS LICENSORS' OR DISTRIBUTORS' OR ITS AGENTS' MAXIMUM AGGREGATE LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE NOT TO EXCEED $100.00. IN CASE OF DAMAGE RESULTING FROM A FAILURE OF THE SOFTWARE LEADING TO LOSS, CORRUPTION, UNAUTHORIZED DISCLOSURE OR EXTENDED UNAVAILABILITY OF THE CONTENT, THE LIABILITY SHALL BE EXPRESSLY LIMITED TO THE AMOUNT PAID FOR YOUR LICENSE TO THE SOFTWARE FOR SIX MONTHS IMMEDIATELY PRECEDING SUCH FAILURE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you or may apply to you only in part. Nothing contained in these Terms shall prejudice the statutory rights of any party dealing as a consumer. Synchronoss is acting also on behalf of its employees, distributors, agents, licensors, suppliers and affiliates to disclaim, exclude and restrict obligations, warranties, and liability as provided in these Terms, but in no other respects and for no other purpose.

Content

In addition to other terms herein, the following specific terms and conditions apply to Software with Content viewing, downloading, uploading, management, storage, sharing, transmission, synchronization and/or backup features.

The Software may support features such as backing up, transferring, viewing, editing, adapting, copying, synchronizing and sharing (jointly "managing") Content (i) that is located on your Device and on designated external services, (ii) for which you hold the reproduction and/or communication rights and (iii) that is not illegal under applicable laws. The Software is not an archiving software. Limitation on Use. The Software is intended to be used for managing only individual files of certain commonly used desktop Softwares, for example document, photo and video file types.

The Software may also be used to manage files / data in third party services, but it does not backup files from such sources. The Software management capabilities may vary from one Device to another. The Software is not intended to be used to manage (i) Content from/made available through corporate network services, (ii) programs, (iii) operating systems or (iv) data formats commonly held on servers such as but not limited to databases. You shall refrain from using the Software from backing up Content that is not primarily located and stored on your Device and/or internal computer hardware (e.g. external storage devices or content stored on an internal and/or external network). Operations are carried out by the Software automatically by default during a determined period depending on related technical constraints and thus no guarantee is provided for specific period of time during which the backup operations may be finalized.

You acknowledge that use of Software may result in additional network or data transfer costs. Such added costs may vary based on type of Device / connection / operator network and you, not Synchronoss, are responsible for such costs. Content stored by the Software may be deleted because of Software settings, quota changes or your commands. We have no obligation to store any of your Content beyond termination or expiration of the license, but may retain the Content / data thereof for a limited period of time in accordance to its privacy policy or may provide a grace period at its discretion.

You will refrain from managing any i) illegal or infringing content, ii) any unlawful, offensive, abusive, obscene, pornographic, harassing, libelous or otherwise inappropriate content or material or iii) any content that is against the permissible content guidelines maintained by the operator from whom you have acquired the Software.

You shall indemnify, defend and hold harmless Synchronoss, its licensors, distributors, suppliers, employees and agents (collectively the "Indemnitees") against (i) any and all costs, charges, claims, damages, liabilities incurred and/or proceedings taken against any of the Indemnitees, including without limitation outside legal counsel and consultants fees, resulting from illegal conduct and/or violation of rights of third parties, and/or (ii) any damage that you may cause through your use of the Software.

You are informed that while efforts are taken to make storage, access to and transfer of Content secure against third party intrusion, Synchronoss provides no guarantees against intrusions due to unlawful interception of data transfers, security breaches on data repositories, incorrect or incomplete implementations of security measures on user Devices or browsers. You are responsible for managing your Content, including the access permissions to the content. When you are sharing your Content, anyone receiving your copy of the sharing link may access the files you have shared. Use of the Software is at your own risk and Synchronoss and its distributors shall not be held liable for unauthorized access by third parties to the content you share or store through your use of the Software. By using the Software, you grant a non-exclusive, fully-paid and royalty-free, sub-licensable, assignable, irrevocable worldwide license to provide all facilities and to enable those facilities to take all actions with respect to Content that may be necessary or reasonable to provide, or to facilitate the provision of, the Software, pursuant to any current and future patents, copyrights and trademarks owned or licensable by You, to the extent necessary for Us to exercise any license right granted herein, including, without limitation storing, uploading, retrieving the Content; making the Content available to You; transcoding Content into a viewable or otherwise appropriate format, or transferring your Content from one mobile device to another mobile Device. By using the Service, you grant Us the right to access, analyze and use Metadata, including Location Data, to provide the Software, including features and options to of the Software and organization of Content.

You are solely responsible for your Content and your actions and omissions in connection pertaining to Your or other's Content. By choosing to share Content with others via any means, including messaging, social media Softwares or other services, you are making your Content publicly available. You represent and warrant that you have the right to publicly share your Content, and to permit and enable others to access, distribute, copy, transmit, download, stream, perform or otherwise use your Content without your prior knowledge or consent, and you expressly authorize all of those actions. We are not responsible for and expressly disclaim any liability for actions taken by you or others in connection with Content that you choose to share, view, or otherwise access through the Service. We don't control or endorse your or other users' Content. By using the Service, you may be exposed to content that you find offensive, indecent or otherwise objectionable. We are not obligated to screen or monitor Content, but We reserve the right to do so, and to suspend or restrict sharing of Content that is identified as copyrighted. We may also remove Content without notice and in Our sole discretion. If you choose to use the Service to sync or transfer Content between your mobile Devices using a WiFi or similar network, you are solely responsible for ensuring the security of the network that you use. You may provide ideas, concepts, or suggestions on use or improvement of the Software ("feedback"). We will also be free to fully use any feedback for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such feedback without payment or accounting to You.

General

The Software is subject to certain functional restrictions as informed by Synchronoss from time to time. You hereby acknowledge and confirm that you have checked its suitability for your own requirements before registering for the Software.

Synchronoss are constantly working to improve its services. We reserve the right to modify features or functionality of the Software. We do such things to provide you with better products or services, to adjust the Software to changes in the market or regulations, to take into account any subsequent technical constraints or for other similar, valid reasons. Hence, Synchronoss may need to upgrade and make changes to the Software from time to time. Such changes may include adding new features or dropping existing features. You should use the latest version of the Software for optimized security and usability. Synchronoss reserve the right to end the maintenance and support for certain versions or for certain operation systems of the Software in accordance to its product life cycle practices. As most Synchronoss Software are reliant on frequent updates, this may lead to Software becoming inoperable. Use of Software, for which the maintenance is discontinued, is not recommended and such use is entirely at your own responsibility. As the Software is likely to evolve and change during your subscription, Synchronoss may need to revise these Terms in connection of update and the revised Terms shall automatically apply to the corresponding versions of the Software distributed with the revised Terms. If any part of these Terms is found void and unenforceable, it will not affect the validity of rest of the Terms, which shall remain valid and enforceable.

The Software may contain web Softwares or web portals ('sites). The use of such sites may be subject to additional terms. You agree to review such sites for additional terms of use and only use such sites accordingly. Such sites may also be those of Synchronoss' Distributor or of other third parties. Synchronoss have no liability whatsoever on any third party sites.

You are informed and hereby accept that all or part of the Software may be temporarily unavailable / nonoperational for repairs, upgrades, maintenance or for reason beyond Synchronoss' reasonable control (force majeure). Synchronoss', its licensors, distributors or its agents shall not be held liable for the consequences of such interruptions and shall undertake to restore the availability / operation of the Software as rapidly as reasonably possible, depending on the technical and other constraints encountered.

Without prejudice to any other rights of termination or expiration in these Terms or under contract or law; your license to the Software will end immediately without notice if you are in breach of any of these Terms or use the Software's functions for purposes other than those indicated in official documentation. Where Synchronoss observes that you are using the Software i) in breach of these Terms, ii) other applicable terms or iii) its intended purpose, iv) in a manifestly excessive manner, or v) in a manner that could jeopardize its use by a third party (e.g. by monopolizing the access bandwidth); Synchronoss (or its Distributors) reserve the right (i) not to renew your license, (ii) limit your use of the Software and/or part thereof (such as diminishing any available storage space) and/or (iii) terminate the license. In case of termination of the agreement between Synchronoss and Synchronoss' Distributor providing you with the Software, Synchronoss or its Distributor shall have the option to notify you on premature termination of your license. You shall not be entitled to a refund, damages or other compensation from Synchronoss or its Distributor because of such termination. The Terms on restrictions on use shall survive any termination.

We may limit, suspend, terminate or discontinue the Software, or certain features or functions of the Software, at any time without notice. We may also limit, suspend, terminate or discontinue Your use of or access to the Software or certain features or functions of the Software, at any time without notice. If you want to stop using the Service, please download any Content that you wish to save before deleting your Content and disabling the Device software of the Software.

You acknowledge and agree that the Software may be subject to restrictions and controls imposed by national laws and regulations, including but not limited to European Union export regulations or the United States Export Administration Act (collectively "Export Rules"). You agree and certify that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred, or re-exported, directly or indirectly, into any country for which such export is prohibited under the Export Rules and the regulations thereunder, nor will it be used for any purpose prohibited by the same. By using the Software, you are acknowledging and agreeing to the foregoing, and you are representing and warranting that you will comply with the Export Rules when either exporting or re-exporting or importing the Software or any underlying information technology.

Further, this Software shall not be used in a manner now or hereafter otherwise prohibited, controlled, sanctioned or embargoed under United States or other applicable law.

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage.

Unless otherwise stated below, these Terms shall be governed under the laws of the State of New Jersey, USA without regard to conflict of laws rules and principles and without regard to the United Nations Convention of Contracts for the International Sale of Goods. The federal and state courts located in the State of New Jersey shall have the exclusive jurisdiction and venue to adjudicate any dispute arising out of these Terms. Where Synchronoss should elect not to insist upon enforcing its rights in line with these Terms, this shall not be interpreted as a waiver of Synchronoss' right to enforce the same in the future.

If you have any questions on these Terms or if you would like to contact Synchronoss for any other reason, please email to: [email protected].

Synchronoss Privacy Policy

This policy may be modified from time to time by Synchronoss and describes how we process our customers' personal data. We seek to ensure that your personal data remains private. Any data that we collect is only used for the purposes that are explained in this policy, in the service-specific terms or notices, and in the license terms and the agreements between you and us. Depending on what Synchronoss services and software you use and on your other interaction with us, some sections of this privacy policy may not apply to you or may apply to you only in part.

Legal Basis for Processing Your Personal Data

By using our services, you are our client. Based on applicable laws, we have the right to process your personal data when you become our client. We have the right to collect and process your personal data when you communicate with us or our business partners relating to our services, install and use our services, fill out a form or survey, register to use our services, submit information through our web solutions, enter a contest or sweepstakes, register your e-mail address with us, or send us e-mail. We need to automatically collect and process relevant personal data for our services to work, to enhance them and for you to benefit from the services. As such processing is inseparable from the services we provide to you, we have a valid need and legal authorization to do so. In some cases, we separately ask for your consent for the processing. If you visit our web sites when subscribing to or using our services, we may also collect personal data through our web site as stated in the separate Website privacy policy.

What Do We Collect?

This section describes the different types of personal data that we collect.

Personal data

We may ask you to provide personal data that is necessary for subscribing to our services. Such personal data includes your contact and billing information, name and e-mail address, mailing address, telephone number, country, city, language and age, and in some cases your age, gender or the name of your employer. We may also ask you to choose a password or give you a unique identifier that you can use to access and manage our services. The majority of personal data we process is automatically collected by our services.

Typical information collected by our services includes the number of purchased licenses, devices covered by your license, purchase and payment history, the distribution partner used, your communication with our support services, device identification data, data on the technical environment (for example, operating system) of your device, and service usage data (for example, activation status, time of latest login). If you have subscribed to our mobile products, we also collect the IMEI and IMSI codes of your mobile device automatically.

For location-based services we also process the location data of your device or that of your web traffic to enable the respective service features.

When using our content management services to manage your data and files, the content may be uploaded to and transmitted through our services and servers. In so doing, we will a) process whatever content you manage through that service, b) automatically collect related metadata, such as data on the date, time and IP address of your latest login to the service, file names, file geographic location, device serial numbers, connection identifiers and relations and files shared between customer accounts and other substantially similar data.

When using our social media services, we collect basic information on you as collected by the social media platform. Such information includes your e-mail address, hobbies and interests, date of birth, education history, groups that you belong to, hometown location, relationship information, subscribers and subscriptions, work history, personal web site URL, and other substantially similar information provided in the social media platform. The Service further needs to collect information about the activities of you and your friends or contacts in the social media platform; such as user IDs associated with your account, the user IDs of your friends' accounts in your friends list, wall posts and news feed stories, the number and type of shared links and the links themselves, list of attended and planned events, notes, photos and video, status updates, contacts' descriptions, contacts' birthdays, contacts' education history, hometowns of friends of your contacts, contacts' work history and other substantially similar information provided in the social media platform.

To provide support services, we may need to collect and process relevant malware infection and e-mail identification data in a format that we can connect to you, where you have provided such data to us. Where it is relevant for resolving your support cases, we may also need to access partial logs of file activities and other such data that has been previously collected on your service usage and behavior.

Sources of personal data

While we collect the majority of the above-mentioned data directly from you or your device, we also receive data from our affiliates, distribution partners (such as operators) and corporate entities from whom you have purchased the services. We do this to create a seamless customer experience and to have the necessary information for solving support cases. Such other sources may further include subcontractors who have provided you with support services, or advertising partners who have assisted us in conducting our marketing activities.

If you use your social media account to register to our services, we may also collect relevant data (such as e-mail) from your account to enable us to authenticate your registration and to contact you.

Technical and security data

In addition to data we collect in identifiable format, our services also process technical metadata and security-related technical data from your device and activities. This is necessary to allow our services to perform their intended purpose. The 'technical data' and 'security data' typically include:

• the size, number and type (for example, a digital photo or a text document) of files

• http header information

• dates of file creation, modification and deletion

• automatic keywords based on file contents

• comments and annotations

• device screen resolution

• statistical and analysis data on possible malware activities

• data on software Softwares and technical user environment

• other substantially similar data

In addition to the data outlined here, our Real-time Protection Network needs to collect other security data. This is described in a dedicated privacy statement.

Analysis data

To provide you with better services, we also collect information on how you use our services, including data on performance, usage of the Software and your feedback on the same may also be collected by the Software. This kind of data can include the Internet browser that you use, elements clicked, timestamps, location, device identifier and relations between devices / users / user groups, product operation time, device metrics and operation system, IP address (whole or partial), product errors, problematic files and product performance data, how you interact with our service, the domain name from which you connect to the service and the service features that you use. This type of data is aggregated or otherwise made anonymous whenever reasonably possible.

What Do We Do With It?

This section describes how we use the personal data that we collect. The personal data that we collect is used to:

• identify authorized users and check customer qualifications, process and track transactions such as issuing invoices, administering accounts, shipping, collecting and processing payments, and manage licenses;

• provide help and support for our services;

• provide, maintain, develop and enhance our services;

• track the services that you have bought and used so that we can manage your customer relationship and communicate with you;

• manage and improve the functionality of our services and web site;

• send you information about the services, for example to inform you of new versions and features, and related services via direct messaging or other means of communication;

• arrange competitions and conduct customer satisfaction surveys;

• advertise and market our other services to you;

• prevent fraudulent activities;

• comply with any applicable legal or regulatory requirements or provisions;

• remove or stop sharing of illegal or infringing material.

To help you evaluate the implications of such processing, some use scenarios are explained below in more detail.

Location

In regard to those of our services which provide information on the location of your device or where your web traffic is directed, we will only process the location data in identifiable format to provide it for the purpose that you have requested via the services. The location data is processed for your use only for a limited amount of time, after which we will either delete it or make it anonymous. Metadata of the files in your content may also consist of location data (for example, photographs). In such cases, the location data is processed as any other file metadata, as described below. When you use and participate in our event Software, your physical presence in the event location can be deduced from your participation in the event. This information may be visible to us, the event organizer or other users. In some cases, where the data or a visible part of the service is provided by a third party (for example, your location is provided through the use of a third-party map service or you are provided with third- party search engine services), the provider of the location data utilizes such data based on its own terms, privacy statements and laws applicable to it. On the publication date of this policy, Synchronoss is using Google maps (or similar service) in our content services, anti-theft and safe search features. Privacy policies for such service shall apply accordingly to your use of the features.

Content

 Some of our services allow you to back up or manage your data and files. We consider the content that you back up or manage through our services to be your private data. We do not seek to usurp your rights to your content nor do we grant any licenses to third parties to it. To ensure the best protection for your privacy, we seek to process i) your account information, ii) your actual content and iii) metadata and security data separately from each other as much as feasibly possible. We also restrict our visibility to the actual contents of the files as much as possible.

We do not seek or want to see the contents of your files. However, we need to process metadata and security data related to your content so that we can provide you with our services. In so doing, we also link some aggregate metadata to your account. We access your specific file contents only where there is a clear need to do so. The most common such need is that you raise a support case relating to your content. In such cases, we enforce a process where only high- level support and hosting technicians can access your content when the case is escalated from the normal support level. We may also need to access your specific content when you use our services to distribute content which may violate our teams of use. In such case, our personnel's access to the content in question is provided on a need-to-know basis.

Naturally, you yourself may make your content available to a larger audience through the service options. We process the necessary metadata from your content to enable our service to manage it for you and may also scan your content for any malicious software. The privacy aspects of these activities are included in the section regarding technical data and security data.

Social media applications Softwares

We will use the collected data to provide you with a measurement how secure /private social media profile you have, a list of vulnerabilities and the possible effects of said vulnerabilities and information on fixing the same. To do this we need to analyze the data collected and may need to store your information for a limited time to the extent it is necessary for this purpose.

Technical data and security data

As some of our services help you secure, back up and share the content on your devices, it is necessary for us to process the related technical data / metadata. For example, when you are storing, sharing or synchronizing your files as part of our services, we need to categorize the files to handle their storage, transfer, listing, playing, sharing and retrieval. We also need to collect metadata on files to enable copying and synchronizing them across various devices and to enhance their presentation. We limit our visibility to such metadata on the principles that we monitor only aggregate metadata (such as total size of your content) and process file-based metadata only automatically for the above purposes.

Security data is collected both to provide you with our security services you have explicitly subscribed to and also to enhance the security of our other services, we need to collect security data on unknown files, suspicious device behavior, or visited URLs. Some service features require this data to function. By default, the security data that we collect from your device is not connected to you in an identifiable manner. Much of the security data that we collect is made irrevocably anonymous. In some cases, we may need to process some of the collected metadata or security data in a personally identifiable manner. We will do so only with your express consent or when we are unable to deliver our relevant services otherwise, for example, when solving a support case you have submitted. Security data is not used for personalized marketing purposes. Synchronoss may further disclose or transfer any of the security data to its affiliates, subcontractors, distributors and partners while maintaining the anonymity of the disclosed or transferred security data.

Marketing activities

We may market, sell, extend promotions, and send you special offers and other marketing communications based on the contact information you submit to us and as legally permitted. These communications relate to our services and to services of our distribution partners. We will only send you such information where we have your consent to do so (e.g. you have indicated that you wish to receive our newsletters in our e-store or when participating in a competition). In addition to your explicit consent, the applicable laws allow us to send you such communications as you are our client, unless you have asked not to receive such communications. We may use our subcontractors and partners to undertake marketing activities on our behalf. We will closely adhere to applicable laws when sending you information and you can request to be removed from our marketing communications at any time. Each of our direct marketing communications allows for this. Do note that some of our services may display or create marketing advertisements as part of their operation. Such displays are not consent-based.

Analysis data

We may track the use of our services, web sites and advertising to improve your customer experience and to enhance our services. When collecting data for this purpose, we are interested in learning our clients' behavior in aggregate, not in identifying individual clients. Such user behavior analysis is based on aggregate statistics and/or with the help of third-party providers, which help us create user profiles based on pseudonyms, and/or with other arrangements to avoid identifying you. We use pseudonyms or combine data from multiple individuals to create statistics, to build demographics, or to provide customer segmentation. Your identity will only be known to us in this context if you submit your contact information in relation to your feedback to us (for example when submitting user feedback). We use such data internally for the sole purpose of enhancing our services, with only the following exceptions:

• Our subcontractors that provide us with analysis services may also create and publish aggregate reports on the data collected. The statistics and aggregate reports do not contain any data that could be linked to any individual person.

• If you have a customer relationship with our operator partner who have provided you our services, the operator partner may be granted limited access to the relevant data.

Transfer of Personal Data

We may disclose your personal data to subcontractors and Synchronoss group companies who provide services or parts thereof that you have licensed. Only the necessary personal data is shared with these companies, and it is always transferred electronically. Where our clients' personal data needs to be disclosed to our subcontractors (for example, to solve a support case or to send it to logistic partners for product delivery), we require, in our contracts with them, that they use such information solely for providing services to Synchronoss, and under the strict instructions of Synchronoss, and in so doing, to act in a manner consistent with this privacy policy, your agreements with us and the mandatory laws applicable to Synchronoss. Some of our affiliates, subcontractors, distributors and partners are located outside the EEA to ensure the global availability of our services. When we transfer personal data outside EEA, we secure the personal data according to the requirements of the law. We will do this by imposing appropriate technical and contractual safeguards on relevant subcontractors and Synchronoss group companies, for example by using data transfer clauses that are approved by European Union. We disclose your personal data to our distribution partners (such as operators), who have sold, tendered, or distributed our services. We provide these companies access to such personal data that they need to provide their agreed activities. Such activities typically consist of customer management, direct marketing and invoicing. Our distribution partners must also comply with the agreements and legislation when handling your personal data. We may also disclose your personal data to ensure the availability of the services or the web site according to our rights under the appropriate agreements, license terms or applicable legislation. We may also do this to protect ourselves against liability or prevent fraudulent activity, or where it is necessary to solve or contain an ongoing problem. In any such action, we will act according to the applicable laws. We may also need to transfer your personal data as part of a corporate transaction, such as a sale, merger, spin-off, or other corporate reorganization of Synchronoss, where the information is provided to the new controlling entity in the regular course of business. We may also disclose your personal data to our insurers and to governmental regulatory agencies if so required by applicable laws. There are circumstances not covered by this privacy policy where the use or disclosure of personal data may be justified or permitted, or where we may be obligated to disclose information without acquiring your consent. This includes complying a court order or a warrant issued by the authorities in the relevant jurisdiction to compel the production of information, or to comply with the court rules.

Except for the above, we will not sell, rent, or lease your personal data to any third parties. We do not, for example, sell your name, e-mail addresses, or personal demographic to mass marketers. We also take measures to lessen the likelihood of your content becoming subject to access claims from third-party nations' intelligence agencies.

Retention Period

We retain your personal data in our databases in line with our data retention policies and applicable laws. We may retain your personal data beyond the end of your client relationship with us, but only as long as necessary. Typical reasons why we would retain personal data identifiable to you beyond our customer relationship include:

• to retain information on your purchase and payment of our services

• to prevent fraudulent activity

• to allow us to pursue available remedies or to limit any damages that we may sustain

• to solve or contain an ongoing problem

• to have enough information to respond to future issues

• to uphold agreements between you and us

• to comply with the law

Technical data and security data that do not contain personal data are retained as long as such data is needed and is useful for the purpose it was collected.

Data Security

We apply strict security measures to protect the confidentiality and integrity of your personal data when transferring, storing or processing it. We use physical, administrative and technical security measures to reduce the risk of loss, misuse or unauthorized access, disclosure or modification of your personal data. We store your personal data on secure servers that are located either at our offices, at the offices of our subcontractors, or at fully classed data centers. Only authorized personnel can access the information on these servers. Where our clients' personal data needs to be disclosed to our subcontractors, we require them to process and protect personal data in a manner consistent with this privacy policy and applicable laws. If you contact us through our web site or via e-mail, be aware that any information that is sent via the Internet might not be secure.

Accessing and Modifying Your Personal Data

We seek to keep your personal data accurate, complete and up to date. You should update any changes to your personal data, for example, change of address or e-mail address. Some of our services portals allow you to update your current data. If you cannot update the changes yourself, you may inform us of the necessary changes. You can contact us for more details about how your personal data is processed or to cancel your consent. Our contact information is included in this policy. You can unsubscribe from receiving marketing messages by following the instructions that are included in each message. You have the right to ask us what personal data we have on you.

Third-party Services

Our service may embed or interoperate with third-party services. In such cases, and where the third-party service is a visible part of the service's user experience, such services' respective data collection and privacy practices apply in lieu of this policy.

Changes to Policy

To keep this privacy policy current and up to date, we will make changes to this policy from time to time, as necessary. We will publish the changed privacy policy on our web site. If the changes are significant, we may also notify you by other means, such as posting a notice on our home page or sending an e-mail. Any changes will apply starting from the date that we publish the revised privacy policy on our web site.

Contact Information

Contact information for matters related to Personal Data.

If you have any questions or concerns about the matters discussed in this privacy policy, please contact: [email protected].