Terms of Use

Terms of Use

 

Effective as of: 6 March 2023

 

The Condo App, Inc., (“aXessPoint”) and its subsidiaries, (collectively, “aXessPoint” or “we” or “us” or “our”) have updated terms that apply to the use of our Websites (as herein defined). For the purposes of these Terms of Use, the term, “Websites”, shall refer collectively to www.aXessPoint.net as well as the other websites that aXessPoint operates and that link to these Terms of Use.

 

We provide the Websites to you subject to these Terms of Use (“Terms”), which may be updated by us from time to time pursuant to Section 1 herein. By accessing and using the Websites, you accept and agree to be bound by these Terms and by aXessPoint’s Privacy Policy found here. If you do not agree to these Terms, you should not access or use the Websites. In addition, when accessing the Websites you shall be subject to any posted guidelines or rules applicable to the Websites, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.

 

These Terms do not apply to your access to and use of the products and services which we market for subscription on our Websites (our “Services”) which are governed by the applicable agreement between you and aXessPoint relating to your access to and use of such Services (“Service Agreement”). Should there be any conflict between these Terms and the Service Agreement, the Service Agreement shall prevail.

 

Changes to Terms. These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

 

Changes to Websites. We may change or discontinue any aspect, service or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.

 

Registration. You may be given the opportunity to register via an online registration form or by participating in Interactive Areas, such as feedback forms, forums and other community features, to create a user account (“Your Account”) that may allow you to provide feedback to users of our Services (“Users”), receive information from us or Users and/or participate in certain features on the Websites. We will use the information you provide in accordance with the Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Websites so that it remains current, complete and accurate. You are responsible for obtaining and maintaining all

 

connectivity, computer software, hardware and other equipment needed for access to and use of the Websites and all charges related to the same.

 

User Content Guidelines. The following terms apply to content submitted by you:

 

The Websites may contain feedback forms, comments sections, discussion forums, or other interactive features (“Interactive Areas”) in which you may post or upload your feedback or other user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Websites.

 

By submitting any User Content or participating in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by aXessPoint, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites; (j) does not generally pertain to the designated topic or theme of any Interactive Area;

(k) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or (l) uses the name or likeness of an identifiable natural person without such person’s consent.

 

You agree not to represent or suggest, directly or indirectly, aXessPoint’s endorsement of User Content.

 

You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.

 

You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

 

You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

 

Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites will not be permitted. We reserve the right in our sole discretion to remove or edit User Content submitted by you.

 

We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.

 

We have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Websites, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Websites at your sole cost and expense. The decision by aXessPoint to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Websites.

 

By submitting User Content to the Websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any third parties. Additionally, to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and agree not to assert such rights against us. You represent and warrant to us that you have the full legal right, power and authority to grant to

 

us the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms.

 

User Conduct Guidelines. The following terms apply to your conduct when accessing or using the Websites: (a) you agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites, use of the Websites, or access to the Websites; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, aXessPoint employee, affiliate, agent, or contractor, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Websites or posting private information about a third party.

 

Intellectual Property Rights. All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Websites is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.

 

Except with our express written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Websites or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.

 

You may display, copy and download Content from the Websites solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.

 

Disclaimer of Warranty; Limitation of Liability.

 

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. aXessPoint, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE WEBSITES WILL BE

 

UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES.

 

THE WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL aXessPoint, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF aXessPoint OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT aXessPoint OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.

 

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Websites, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Websites.

 

Indemnification. You agree to defend, indemnify and hold harmless aXessPoint, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Websites by you. aXessPoint reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide aXessPoint with such cooperation as is reasonably requested by aXessPoint.

 

Termination. We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Websites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 2, and 5-11 shall survive termination of these Terms.

 

Governing Law. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Websites, and/or the provision of content, services, and/or technology on or through the Websites shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Delaware applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to and submit to the exclusive jurisdiction in the state or federal courts located in New Castle County, Delaware for any and all disputes, claims and controversies arising out of or relating to these Terms (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the Delaware Courts and agree not to plead or claim in any Delaware Court that such litigation brought therein has been brought in any inconvenient forum. You waive their right to a jury trial.

 

Please report any violations of these Terms to This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Miscellaneous. These Terms and any operating rules for the Websites established by us constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of aXessPoint, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.

This Disclaimer Applies to all aXessPoint Customers on Paid and Non-Paid Subscription Plans:

 

As part of aXessPoint projects, we might use stock material covered under specific licenses, if required by and agreed with you. Please note that we are not permitted to transfer stock source files to you; purchased licenses only allow aXessPoint to make use of or edits to the stock content, so if you would like to reuse a source file or apply it differently, you will need to ask aXessPoint to do so on your behalf to avoid potentially being in violation of content licenses. As our customer, you are responsible for the correct use under the respective licenses.

 

aXessPoint shall bear no responsibility whatsoever should your initial intended use for any project change and should the license(s) and/or usage(s) secured for you by aXessPoint be inadequate for your altered intended use of any project. You warrant and represent that you own the intellectual property right(s), or possess the appropriate license(s) and/or usage(s), for any and all Third-Party Materials provided by you to aXessPoint and which are incorporated in any project.

 

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Privacy Policy

Privacy Policy

Last updated: 6 March 2023

 

The Condo App, Inc., and its subsidiaries (collectively, “aXessPoint”, “we”, “us”, or “our”) are committed to protecting your information. This Privacy Policy (“Policy”) informs you how we collect, use, secure and share your personal information that we collect when you visit our Websites, use our Services, visit our branded social media pages, receive communication from us, register or attend our events or webinars, or ask questions about our products. We may change this Policy from time to time. We always indicate the date the last changes were published and we offer access to the last version of our Policy for your review. This Policy may be updated from time to time. We will notify you of any material changes by posting the updated Policy on the Websites. We recommend consulting this Policy regularly for any changes. We may provide “just-in-time” disclosures or additional information about our data collection, use and sharing practices of specific services. These notices may supplement or clarify aXessPoint’s privacy practices or may provide you with additional choices about how aXessPoint processes your personal information.

 

We will not rent, sell, or share your Personal Information except in accordance with this Policy. If you do not feel comfortable with any part of this Policy, you should cease using our Websites and Services.

Contents Policy Scope

Personal Information You Provide

Personal Information Automatically Collected Personal Information We Collect From Other Sources Why We Process Your Personal Information

Legal Basis for Processing Your Personal Information Why We Share Your Personal Information

Security & Confidentiality Retention

International Transfer of Personal Information Privacy Rights and Choices

Notice to California Residents Children’s Personal Information Contact Us

 

Policy Scope

 

aXessPoint is committed to protecting the privacy of individuals who interact with us. This Policy applies to the personal information we collect and use for our own purposes (i.e., as a

 

“data controller”). We provide this Policy to explain the ways in which we collect, use, and share personal information about individuals who:

 

visit or interact with our websites, including www.aXessPoint.net, as well as the other websites that aXessPoint operates and that link to this Policy (collectively, “Websites”) (“Website Visitors”);

subscribe to any of our plans located on any of the Websites (our “Services”) through a Subscription Account (“Users”); and

attend or register to attend events which we organize or co-organize (“Attendees”).

For purposes of this Policy “Websites”, shall refer collectively to www.aXessPoint.net, as well as the other websites that aXessPoint operates and that link to this Policy, the term “Services” shall refer to any of our plans located on any of the Websites. The term “Subscriber” refers to an individual or legal entity that has agreed to an applicable agreement between you and any member of aXessPoint relating to access and use of our Services (“Services Agreement”), including an individual representing the Subscribing company. The term “Account” refers to a aXessPoint account or instance created by or on behalf of a Subscriber within the Services. The term “Users” shall refer to the individuals authorized to use our Services through a Subscriber’s Account.

 

In providing our Services, we may process certain personal information on behalf of our Subscribers as a “data processor”. In such cases, Subscribers to our Services act as data controllers. Such Subscribers are solely responsible for establishing privacy policies for and ensuring compliance with all applicable laws and regulations, agreements or other obligations, relating to the processing of personal information of individuals who use the Subscriber’s instance of our Services. If you are an individual who uses a Subscriber’s instance of our Services, then except as otherwise noted in this Privacy Policy, the processing of your personal information will be subject to the Subscriber’s privacy practices, and you should contact that Subscriber for assistance with any requests or questions relating to the processing of your personal information.

 

 

Personal Information You Provide

 

In this Policy, “personal information” means information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, including by reference to an identification number or to one or more factors specific to his/her physical, physiological, mental, economic, cultural or social identity.

 

Account and Registration Information. If you are Subscriber, we must process certain personal information about you such as name, date of birth, place of birth, taxpayer identification number, address, phone number, email address, and, if applicable, credit card information to provide our Services (collectively “Account Information”), and name or alias for each of your Users. We may request documents to verify this information, such as a copy of your government-issued identification or photo, and we may authenticate it against third-party databases or request a

 

credit report. By voluntarily providing us with this information, you represent that you are the owner of such personal information or are otherwise authorized to provide it to us, specifically, if you as a Subscriber provide us information related to the User, you represent that the User has not objected to such processing. We use a third-party intermediary to manage credit card processing.

 

User Information. We collect certain information automatically from Users through cookies and other tracking technologies when they use a Subscriber’s Account, subject to the applicable law’s consent requirements. We use this information to improve our services. In relation to all of the information that Users voluntarily provide when working in a Subscriber’s Account, the Subscriber is the data controller and we are a data processor.

 

 

Personal Information Automatically Collected

 

Cookies and Other Tracking Technologies. We and our authorized sub-processors use cookies and other information-gathering technologies for a variety of purposes. These technologies may provide us with your personal information, information about devices and networks you utilize to access our Websites, and other information regarding your interactions with our Websites. We utilize persistent Cookies to save your registration ID and login password for future logins to the Websites and to track your compliance with our marketplace policies. We also utilize session ID Cookies to enable certain features of the Websites, to better understand how you interact with the Websites and to monitor aggregate usage by Users and web traffic routing on the Websites. Unlike persistent Cookies, session Cookies are deleted from your computer when you log off from the Websites and then close your browser. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the Websites. If you do not accept Cookies, however, you may not be able to use all portions of the Websites.

 

Logs. As is true with most websites and services delivered over the internet, we gather certain information and store it in log files when you interact with our Websites and Services. This information includes internet protocol (IP) addresses as well as browser type, internet service provider, URLs of referring/exit pages, operating system, date/time stamp, information you search for, locale and language preferences, identification numbers associated with your devices, your mobile carrier, and system configuration information. Occasionally, we connect personal information to other information gathered in our log files as necessary to improve our Websites and Services. In such a case, we would treat the combined information in accordance with this Policy. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Websites' functionality and user experience and to detect suspicious activity. These third-party service providers have their own privacy policies addressing how they use such information.

 

Session Replay Scripts. On our Services we may also use session replay scripts provided by third-party analytics service providers to better understand our users’ needs and to optimize our

 

Services and user experience. These website analytics tools provide us heatmaps, session recordings of your activities on the Services, form analytics, feedback campaigns, and similar features and functionalities, including to assist in website debugging and customer service matters. Our session replay script providers may record your clicks, mouse movements, scrolling, form fills (keystrokes) in non-excluded fields, and other metadata such as IP address or device type.

 

Do Not Track. Some Internet browsers, like Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since aXessPoint does not track Users over time and across third-party websites to provide targeted advertising, we therefore do not respond to DNT signals. Third parties cannot collect any other personally identifiable information from aXessPoint unless you provide it to them directly.

 

We Do Not Collect Protected Health Information. aXessPoint is not a HIPAA Business Associate and, therefore, is not HIPAA-compliant and should not be used to store any protected health information (“PHI”). You agree that uploading or storing any documents containing PHI would be a violation of our Terms of Use.

 

We Do Not Request Unsolicited Personal Information. To safeguard against the identity theft practice known as ”phishing”, we do not, and will not, at any time, request your credit card information, account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. We advise you to promptly report any email or telephone communication purporting to be from us in which such information is attempting to be collected. For more information about phishing, visit the Federal Trade Commissionʼs website at https://www.consumer.ftc.gov/articles/how-recognize-and-avoid-phishing-scams

 

 

Personal Information We Collect From Other Sources

 

Social Media Widgets. Our Websites may include social media features, such as the Facebook “Like” button, and widgets, such as the “Share This” button or interactive mini-programs that run on our Websites. These features may collect your IP address, which page you are visiting on the Websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Websites. Your interactions with these features are governed by the privacy policy of the companies that provide them.

 

Information From Third-Party Services. We may also obtain personal information from third parties and combine that with information we collect through our Websites. For example, we may have access to certain information from a third-party social media or authentication service if you log into our Services through such a service or otherwise provide us with access to information from the service. Any access that we may have to such information from a

third-party social media or authentication service is in accordance with the authorization procedures determined by that service. By electing to use a third-party authentication service,

 

you authorize us to process the personal information that the third-party service makes available to us, and to use and disclose it in accordance with this Policy. The disclosure of your personal information is subject to the third party’s privacy policy. You should check your privacy settings on these third-party services to understand the personal information sent to us through these services.

 

 

Why We Process Your Personal Information We process your personal information to:

provide, operate, maintain and improve the Websites and Services; enable you to access and use the Services;

process and complete transactions, and send you related information, including invoices;

send transactional messages, including responses to your comments, questions, and requests; provide customer service and support; and send you technical notices, updates, security alerts, and support and administrative messages;

send promotional communications, such as providing you with information about products and services, features, surveys, newsletters, offers, and events; and provide other news or information about our partners and us;

monitor and analyze trends, usage, and activities in connection with the Websites and Services and for marketing or advertising purposes;

investigate and prevent unauthorized access to the Services, and other illegal activities; personalize the Websites and Services; and

comply with our legal obligations, including our obligations related to personal data protection.

 

 

Legal Basis for Processing Personal Information

 

For individuals who are located in the European Economic Area, the United Kingdom or Switzerland, Japan or Brazil, at the time their personal information is collected, our legal basis for processing your information under the applicable laws will depend on the personal information at issue, the specific context in the which the personal information is collected and the purposes for which it is used. We generally only process your personal information where we are legally required to, where processing is necessary to perform any contracts we entered with you (or to take steps at your request prior to entering into a contract with you), where processing is in our legitimate interests to operate our business and not overridden by your data protection interests or fundamental rights and freedoms, or where we have obtained your consent to do so. In some rare instances, we may need to process your personal information to protect your vital interests or those of another person.

 

We process your information for the purposes described in this Policy, based on the following legal grounds:

 

When we are pursuing legitimate interests. We process your personal information for our legitimate interests and those of third parties. This means that we process your information for things like: providing, operating; maintaining, and improving our Services; enabling you to access and use the Services; promoting the Services; sending promotional communications, including through the use of tools or services that may provide us with personal contact information for potential job applicants or business contact information for prospective customers; monitoring and analyzing trends, usage, and activities in connection with the Websites and Services (subject to applicable law); investigating and preventing fraudulent transactions, unauthorized access to the Services, and other illegal activities; personalizing the Websites and Services.

 

When we are providing a service pursuant to a contract. We process your personal information to provide you with our Services pursuant to the Service Agreement or other contract between you and us. This means that we process your personal information to: enable you to access and use the Services; process transactions, and send you related information; provide customer service and support.

 

When we are complying with legal obligations. We process your personal information when we have a legal obligation to do so, for example, if we are responding to legal process or an enforceable governmental request.

 

With your consent. In certain situations, we may request your consent to process your personal information for specific purposes and you have the right to withdraw your consent at any time.

 

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

 

 

Why We Share Your Personal Information

 

We take care to allow your personal information to be accessed only by those who really need access in order to perform their tasks and duties, and to share with third parties who have a legitimate purpose for accessing it. We may share personal information about you with third parties in the following circumstances.

 

Third-Party Service Providers. We share your personal information with our third-party service providers that we use to provide hosting for and maintenance of our Websites, application development, backup, storage, payment processing, analytics and other services for us. A list of our third-party sub processors can be provided upon request by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it.. These third-party service providers may have access to or process your personal information for the purpose of providing these services for us. We do not permit our third-party service providers to use the personal information that we share with them for their marketing purposes or for any other purpose other than in connection with the services they provide to us.

 

Compliance with Laws and Law Enforcement Requests. To Protect Our Rights. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose personal information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Service Agreement or our Websites’ Terms of Use, available at: https://www.aXessPoint.net/, or as otherwise required by law.

 

Testimonials. From time to time, we may post testimonials on the Websites that may contain personal information. We obtain your consent to post your name along with your testimonial. If you wish to update or delete your testimonial after giving your consent, you can contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

 

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, acquisition, dissolution, corporate reorganization or similar event. We will inform any buyer that your personal information shall only be used in accordance with this Privacy Policy.

 

Interactive Areas. The Websites may offer feedback forms, comments sections, discussion forums, or other interactive features (“Interactive Areas”). You should be aware that any information that you post in an Interactive Area might be read, collected, and used by others who access it, in particular to Users who initiated the particular Interactive Area. To request the removal of your personal information from an Interactive Area, contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

 

aXessPoint Sharing. We may share information, including personal information, with any member of aXessPoint.

 

With Your Consent. We may also share personal information with third parties when we have your consent to do so.

 

 

Security & Confidentiality

 

We maintain (and require service providers to maintain) generally accepted, reasonable, and appropriate standards to protect your personal information, both during transmission and once it is received. For example, we employ physical access controls, encryption, Internet firewalls, intrusion detection and network monitoring depending on the nature of the information and the scope of processing. In deciding what is reasonable and appropriate, we take into account the risks involved and the nature of the information. However, no security procedures or protocols

 

are ever guaranteed to be 100% secure. In the event that we are required by law to inform you of a breach of your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

 

If you have any questions about the security of your personal information, you can contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

 

 

Retention of Your Personal Information

 

We will retain personal information we collect from you where we have a justifiable business need to do so or for as long as is needed to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, legal, accounting or other purposes). When we have no justifiable business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

 

 

International Transfer of Personal Information

 

We primarily store personal information about Website Visitors and Subscribers within the European Economic Area (the “EEA”) and in the United States. To facilitate our global operations, we may transfer and access such personal information from around the world, including from other countries in which aXessPoint has operations. If and when transferring your personal data from the EEA, United Kingdom or Switzerland, or via an onward transfer, we rely on the Standard Contractual Clauses adopted by the relevant authority as appropriate safeguards.

 

We will protect your personal information in accordance with this Policy wherever it is processed and will take appropriate contractual or other steps to protect the relevant personal information in accordance with applicable laws. We contractually obligate recipients of your personal information to agree to at least the same level of privacy safeguards as required under applicable data protection laws.

 

International transfer for Client personal information is governed by aXessPoint's DPA, located at www.aXessPoint.net

 

 

Your Privacy Rights and Choices

 

Marketing Communications. If you do not want to receive marketing email communications from us, you can opt-out by clicking on the “unsubscribe” link located at the bottom of our marketing emails or you may send a request to This email address is being protected from spambots. You need JavaScript enabled to view it..

 

Right to Correct or Update Your Information. You may request that we correct or update any inaccurate or incomplete personal information by contacting This email address is being protected from spambots. You need JavaScript enabled to view it..

Subscribers to our Services may update or change their Account Information at any time by editing their profile or organization record or by contacting This email address is being protected from spambots. You need JavaScript enabled to view it. for more detailed instructions.

 

Additional Rights for Certain Territories: If you reside in certain territories (such as the European Economic Area, Switzerland, the United Kingdom, Japan or Brazil), you may have the right to exercise certain privacy rights available to you under applicable law. If any of the rights listed below are not provided under law for your jurisdiction, we have the absolute discretion in providing you with those rights.

 

Your personal information rights are not absolute. Depending upon the applicable law, access to your rights under the applicable law may be denied: (a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact on another’s privacy;

(c) to protect our rights and properties; (d) where the request is frivolous or vexatious, or for other reasons.

 

Right not to provide consent or to withdraw consent: We may seek to rely on your consent in order to process certain personal information. Where we do so, you have the right not to provide your consent or to withdraw your consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

 

Right of access and/or portability: You may have the right to access the personal information that we hold about you and, in some limited circumstances, have that data provided to you so that you can provide or port that data to another provider.

 

Right of erasure: In certain circumstances, you may have the right to the erasure of personal information that we hold about you (for example, if it is no longer necessary for the purposes for which it was originally collected).

 

Right to object to processing: You may have the right to request that we stop processing your personal information and/or stop sending you marketing communications.

 

Right to rectification: You may have the right to require us to correct any inaccurate or incomplete personal information.

 

Right to restrict processing: You may have the right to request that we restrict processing of your personal information in certain circumstances (for example, where you believe that the personal information we hold about you is not accurate or lawfully held).

 

Right to lodge a complaint to your local Data Protection Authority: You may have the right to lodge a complaint with your national Data Protection Authority or equivalent regulatory body.

 

To assert your privacy rights, please email This email address is being protected from spambots. You need JavaScript enabled to view it.. Please note that to protect your privacy and security, we must be able to verify your identity before we can process your request to exercise any of the privacy rights that you may be entitled to under the applicable law. We may conduct the verification process by email or phone, and we may ask you to provide information such as your name, contact information, and any additional relevant information based on your relationship with us. You may also use an authorized agent to submit a request to opt out on your behalf if you provide the authorized agent signed written permission to do so. You may have other privacy rights if you are a California Resident, see our “Notice to California Residents” section below for more information.

 

Rights and Choices where aXessPoint Acts as a Processor: An individual who seeks access to, or who seeks to correct, amend, or delete inaccuracies in personal information stored or processed by us on behalf of a Subscriber should direct his/her query to the Subscriber (the data controller)

 

Social Media Accounts: We maintain accounts with various social media networks. When you visit these social media networks, a variety of data processing operations are triggered. We use your personal information when you visit Our profiles on these social media networks, or when you click on the “like” button on one of our social media advertisements. When you visit Our profiles, your personal information is not only used by Us but also by the social network provider, regardless of whether you have a profile in the social network or not. The individual processing and its scope differ from provider to provider, and they are not completely transparent to Us. Details about the processing of the social network providers can be found in the relevant social media network’s Privacy Policy:

 

Facebook by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland: facebook.com/about/privacy

Instagram by Facebook Ireland Ltd., 4 Grand Canal Square, Dublin 2 Ireland: help.instagram.com/519522125107875

Twitter by Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland, www.twitter.com/en/privacy

YouTube by Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland: policies.google.com/privacy?hl=en-UK

Pinterest by Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland: policy.pinterest.com/en/privacy-policy

Spotify by Spotify AB, Regeringsgatan 19, 111 53 Stockholm, Sweden: www.spotify.com/ie/legal/privacy-policy/

Behance by Adobe Systems Software Ireland Ltd., 4-6 Riverwalk, City West Business Campus, Dublin 24, Ireland: www.adobe.com/privacy.html

LinkedIn by LinkedIn Ireland Unlimited Company, Wilton Plaza, Dublin 2, Ireland: https://www.linkedin.com/legal/privacy-policy

Dribble by Dribble Holdings, Ltd., 524 Yates Street, Victoria, BC, V8W 1K8, Canada: https://dribbble.com/privacy

 

TikTok by TikTok Technology Ltd., 10 Earlsfort Terrace, Dublin 2, Ireland: www.tiktok.com/legal/privacy-policy-row?lang=en

The social network providers collect your usage information to provide us with usage statistics. To learn more about how such tracking takes place and to understand how we use social media plugins on our Websites, please read our Cookie Policy.

 

 

Notice to California Residents

 

This notice to California residents is provided under California law, including the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code 1798.100, et seq.. The information provided below relates to the personal information, aXessPoint Groups process as a data controller, which is known as a “business” under the CCPA. If you are a California resident, this Section applies to you in addition to the rest of this Policy.

 

Categories of Personal Information Collected. In the preceding 12 months, we have collected the following categories of personal information: identifiers (such as your name and contact information); commercial information (such as information about products or services you have purchased); internet or other electronic network activity information (such as your IP address, device identifier, and other information captured by online tracking technologies); and inferences drawn from the information collected about you. When you purchase a product or service from us, we may also collect information described in Section 1798.80(e) of the California Civil Code (such as signature and credit/debit card number). For examples of the precise data points we collect and the categories of sources of such collection, please see Sections 3, 4, and 5 of this Policy.

 

Business or Commercial Purpose for Collecting and Using Personal Information. We collect the categories of personal information described in this Section for the business or commercial purposes described in Section 6 of this Policy.

 

Categories of Personal Information Disclosed and Categories of Recipients. In the preceding 12 months, we have disclosed the following categories of personal information for business or commercial purposes to the following recipients:

 

We may share identifiers with advertising networks, Internet service providers, data analytics providers, operating systems and platforms, social networks, payment processors, customer support partners, events and promotions partners, and fraud prevention partners.

 

We may share commercial information with data analytics providers, payment processors, customer support partners, and fraud prevention partners.

 

We may share internet and electronic network activity information with data analytics providers, operating systems and platforms, customer support partners, and fraud prevention partners.

 

We may share information described in Section 1798.80(e) of the California Civil Code (such as signature and credit/debit card number) with: our affiliates and subsidiaries, our business partners, financial institutions, professional services organizations such as auditors and law firms, and other service providers.

 

We may share inferences with data analytics providers and fraud prevention partners.

 

We may also share the above categories of information with government entities as may be needed to comply with our legal obligations or prevent illegal or fraudulent activity.

 

Your Rights. For personal information collected by us during the preceding 12 months preceding your request that is not otherwise subject to an exception, California residents have the right to access and delete their personal information. We will not discriminate against those who exercise their rights. You have the right to (a) opt out of any sales of personal information that may be occurring; and (b) not be discriminated against for exercising these rights.

 

Sale of Personal Information. If you are a California resident, you have the right to “opt out” of the “sale” of your “personal information” to “third parties” (as those terms are defined in the CCPA).

 

We do not offer financial incentives to consumers based upon the retention or sale of a consumer’s personal information. As of the date of last update and review of this Privacy Policy, we have no reason to believe that we have collected, disclosed, sold or otherwise processed the Personal Information of more than 4 million California Consumers.

 

If you are a California resident and you would like to exercise your rights described in this Policy, you can submit your request by emailing us at: This email address is being protected from spambots. You need JavaScript enabled to view it. with the subject line “CCPA Rights.” Except where we are required by law to maintain such information for record-keeping purposes, we will take steps to delete any new personal information collected for the purpose of verification as soon as practical after processing your request. Please also be aware that making any such request does not ensure complete or comprehensive removal or deletion of Personal Information or content you may have posted, and there may be circumstances in which the law does not require or allow us to fulfill your request, including for example, where fulfilling your request may infringe upon the rights and freedoms of other consumers.

 

 

Children’s Personal Information

 

We do not knowingly collect any personal information from children under the age of 16. If you are under the age of 16, please do not use or submit any personal information through our Websites or Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personal information through the Websites or Services without parental permission. If you have

 

reason to believe that a child under the age of 16 has provided personal information to us through the Websites or Services, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it., and we will use commercially reasonable efforts to delete that information.

 

 

Contact Us

 

If you have questions regarding this Policy or about the privacy practices of aXessPoint, please contact us by email at This email address is being protected from spambots. You need JavaScript enabled to view it., or at: The Condo App, Inc., Attn: Data Privacy, 3011 Barrymore street, #102, Raleigh, NC 27603 United States of America.

 

Address

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Honolulu, HI 96813, USA

Talk to us

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