Elleohelle Pty. Ltd T/As
Analog Digital Services
TRACKING OPTIONS - COOKIES
- DATED: THE 1st DAY OF April 2009
- Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
Use of Information
Collecting information on Registered members
- As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.
Registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, option on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account.
Credit Card Details
- Credit Card details are only stored for the processing of payment and will be deleted once payment is processed.
- Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
- We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
- We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
- However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
- In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
Collecting Information from Users
- IP Addresses
Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
- Cookies and Applets
This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.
Access to Information
- We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
- In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
Links to other sites
- We provide links to Web sites outside of our web sites, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement.
Problems or questions
- For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner's web site; http://www.privacy.gov.au/.
Disaster Recovery & Backup
Service Privacy Compliance / Policy
- DATED: THE 1st DAY OF June 2017
Confidentiality and data protection.
- Confidential Information. The Platform-Enabled Product and Platform contain trade secrets of Acronis and are proprietary to Acronis. You agree to maintain the Platform-Enabled Product and Platform in confidence and prevent disclosure of the Platform-Enabled Product and Platform using at least the same degree of care you use for your own most critical proprietary information, but in no event less than a reasonable degree of care. You shall not disclose or provide access to the Platform-Enabled Product and Platform or any part thereof to anyone for any purpose, other than to employees or other authorized parties for the purpose of exercising the rights expressly granted hereunder.
- Proprietary rights.
- Acronis’s Ownership. The Platform-Enabled Product is licensed and not sold, notwithstanding any references herein to “sale” or “sold.” The Platform-Enabled Product is and will remain the sole and exclusive property of Acronis and its suppliers, whether the Platform-Enabled Product is licensed separately or combined with any other products. Acronis’ rights under this subsection include all intellectual property rights (including patents, copyrights, trademarks and all other intellectual property rights through the world) in: (i) all copies of the Platform and Platform-Enabled Product, and any portion thereof; and (ii) all modifications to, and derivative works based upon, the foregoing, however made.
- User Data. You hereby grant Acronis a non-exclusive, transferable license to use your data as necessary to provide you with the Platform-Enabled Product and Platform. You agree that you will ensure that any Reseller or End User in your network will grant Acronis a non-exclusive, transferable license to use such party’s data as necessary to provide such party with the Platform-Enabled Product and Platform as a condition of such party’s use thereof, and you hereby represent and warrant that such license has been granted to Acronis before such party’s data is used with the PlatformEnabled Product or Platform. You represent and warrant that: (i) you have obtained, and will obtain, all consents and approvals necessary to provide your data to Acronis, and for Acronis to use such data with the Platform-Enabled Product and Platform as provided herein; and (ii) you have all rights necessary to grant the foregoing license.
- Restrictions. You shall not market, distribute, sublicense, transfer, sell, or make available to third parties the PlatformEnabled Product or Platform other than as expressly permitted under this Agreement. You shall not induce or contribute to any tort or breach of contract by any End User or Reseller with respect to Acronis, including breach of an end-user agreement applicable to the Platform-Enabled Product or Platform. You shall not (and shall not permit others to): (a) incorporate any of the Platform-Enabled Product or Platform, or any portion thereof, into any other work; (b) modify or create derivative works of the Platform-Enabled Product or Platform in any manner; (c) decompile, disassemble, reverse engineer or otherwise reduce to human perceivable form any portion of the Platform-Enabled Product or Platform; (d) engage in any act to disrupt the security, integrity, or operation of the Platform-Enabled Product or Platform, including without limitation through the use of viruses, worms, Trojan horses, or any other malicious code, scripts, or programs; (f) engage in any act or incorporate any code into the Platform-Enabled Product or Platform that would subject the Product in whole or in part to any term of an “open-source” or other license that requires as a condition of use, modification or distribution of software subject to it that such software, or other software combined and/or distributed with such software, be: (i) disclosed or distributed in source code form, (ii) licensed for the purpose of making derivative works, or (iii) redistributable at no charge; or (g) remove, delete, modify, or obscure any copyright or proprietary rights notice on the Platform-Enabled Product or Platform, or present the Platform-Enabled Product or Platform in a manner that suggests that a party other than Acronis is the originator of the Products, except as permitted under Section 1(c)(iii) (White-Label License). Before you exercise any of the foregoing actions that Distributor believes it is legally entitled to undertake notwithstanding the prohibitions of this Section 6(c), based on mandatory law, you shall: (i) provide Acronis with thirty (30) days’ prior written notice or, if applicable law or the relevant court order does not allow for thirty (30) days’ notice, the maximum amount of notice allowable, and (ii) provide all reasonably requested information to allow Acronis to assess your claim and, at Acronis’ sole discretion, to provide alternatives that reduce any adverse impact on Acronis’ intellectual property or other rights.
- Acronis Trademarks. You shall not have or obtain any right, title or interest in and to Acronis’ Marks, which shall remain the sole and exclusive property of Acronis, its affiliates or their licensors, except the limited rights granted to you under Section 2 (Marketing and Branding). You shall not take any action that would in any way infringe or interfere with Acronis’ rights in Acronis Marks. You shall not at any time adopt or register any name, internet domain, designation or mark that is confusingly or deceptively similar to any Acronis Mark, and you hereby agree to assign to Acronis any of the foregoing if, in Acronis’ reasonable determination, it is confusingly or deceptively similar to any Acronis Mark. You agree not to contest Acronis’ rights to or ownership of the Acronis Marks anywhere in the world. Acronis reserves the right to revoke your right to use the Acronis Marks at any time in Acronis’ sole discretion.
- Third-Party Infringement. You agree to use reasonable efforts to protect Acronis’ intellectual property rights and will report promptly to Acronis any infringement of such rights of which you are presently aware or become aware. Acronis reserves the sole and exclusive right at its discretion to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the Platform-Enabled Product and Platform.
- Power and Authority. Each party represents and warrants that it has sufficient right and authority to grant to the other party all licenses and rights granted hereunder.
- Disclaimer of Other Warranties. Except for the warranty provided in section 7(a), to the extent permitted by law, the platform-enabled product, the platform, their accompanying documentation and all other materials provided by acronis are provided “as-is“. To the maximum extent allowed by applicable law, the warranties in section 7(a) are the sole and exclusive warranties of any kind, express or implied, made by acronis in connection with the platform-enabled product and the platform, and acronis specifically disclaims all statutory or other warranties, including, but not limited to, implied warranties of merchantability, non-infringement, title or fitness for a particular purpose or any implied warranties arising from usage of trade, course of dealing or course of performance. Without limiting the generality of the foregoing, acronis specifically does not warrant that the platform-enabled product or platform will meet your requirements or those of your downstream resellers or end users, or that platformenabled product or platform will be accurate or error-free, or that any errors will be corrected. Acronis does not warrant or make any representations regarding loss of use or loss of data, and all user data is used with the products at the user’s sole risk. To the extent that acronis may not disclaim any warranty as a matter of applicable law, the scope and duration of such warranty will be the minimum permitted under such law. No oral or written information or advice given by acronis or any other party shall create a warranty or in any way increase the scope of this warranty.
- Indemnification. You agree to indemnify, defend, and hold harmless Acronis and its affiliates and their respective officers, directors, shareholders, employees and agents (for purposes of this Section 8(a), collectively, “Acronis”) from and against any and all third-party claims, losses, costs, and damages (including reasonable attorney costs) arising out of or in connection with (i) the gross negligence or willful misconduct of you and/or your employees, (ii) any misrepresentation made by you to any of your downstream Resellers and/or End Users or any other third party with respect to the Platform-Enabled Product or Platform, and (iii) any claims by your downstream Resellers and/or End Users for special, incidental, consequential, direct or indirect damages arising out of or in connection with use of the Platform-Enabled Product and/or Platform, including, but not limited to claims arising or based on damages to such claimants’ hardware, media, software, loss, destruction or corruption of data, loss of revenue, or loss of profits.
- Exceptions. If Acronis seeks indemnification from you under this Section 8, Acronis will: (i) notify you of a claim or loss for which indemnification is sought promptly; (ii) give you sole control of the claim’s defense and settlement; and (iii) provide you with reasonable assistance (at your sole expense) in the claim’s defense and settlement.
- Limitations of liability.
- Exclusion of Damages. In no event will either party be liable to the other party for any special, incidental, indirect, or consequential damages (including lost profits or lost data), whether based on breach of contract, in tort (including negligence), product liability, or otherwise, and whether or not such party has been advised of the possibility of such damage. The total cumulative liability of acronis in connection with this agreement and the platform and platform-enabled product, whether in contract, in tort (including negligence) or otherwise, will not exceed the amount of license fees that you have paid under this agreement in the twelve (12) months preceding the event which gave rise to the claim. The existence of multiple claims will not expand this limit. The parties acknowledge that the license fees reflect the allocation of risk set forth in this agreement and that acronis would not enter into this agreement without these limitations on its liability. The foregoing does not apply to breaches of section 5(b) (confidential information) and/or section 8 (indemnities). The parties have agreed that the limitations specified in this section will survive termination of this agreement for any reason and apply even if any limited remedy specified herein is found to have failed of its essential purpose.
- Acceptable use and conduct.
- Lawful Use. By registering for, and by using or enabling another to use the Platform-Enabled Product and Platform, you represent and warrant that you have the legal capacity and authority to enter into this legally binding Agreement and to adhere to the terms and conditions herein, and that you will use the Platform-Enabled Product and Platform only in accordance with the license granted herein and with all applicable laws. If an individual is registering or using the Platform-Enabled Product and Platform on behalf of an entity or organization, that individual warrants, represents, and covenants to Acronis that such individual is duly authorized to legally bind and agree to the terms and conditions of this Agreement on behalf of such entity or organization. The Platform-Enabled Product and Platform are intended, and offered, only for lawful use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such products and services. Acronis does not offer the Platform-Enabled Product and Platform to minors or where prohibited by law.
- Export Limitations. You acknowledge and agree that the Platform-Enabled Product and Platform may be subject to export controls in the United States and other countries. You agree to comply with all United States export laws and regulations and with all export or import regulations of other countries, and you shall not and shall not allow any thirdparty to remove or export from the United States or allow the export or re-export of any part of the Platform-Enabled Product and Platform or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terroristsupporting country; (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals, or other governmental list of debarred parties; (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) for any purpose prohibited by applicable law including, without limitation, nuclear, chemical, or biological weapons proliferation, or to create, store, backup, distribute, or provide access to child pornography or any other illegal content or data. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation.