PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND USING THE SITE IN ANY WAY, INCLUDING BROWSING THE SITE, USING ANY INFORMATION, CONTENT, OR SERVICES, DOWNLOADING ANY SOFTWARE OR FILES, OR PLACING ORDERS FOR PRODUCTS, YOU ARE ENTERING INTO A LEGAL AGREEMENT WITH FASTTREK AND HEREBY AGREE TO ABIDE BY THESE TERMS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE, PLEASE DO NOT USE THE SITE IN ANY WAY. THE TERMS OF USE ARE A BINDING AGREEMENT BETWEEN FASTTREK AND YOU. IF YOU ARE A MINOR, YOU MAY ONLY USE THIS WEBSITE WITH THE EXPRESS CONSENT OF A RESPONSIBLE ADULT.
“FastTrek Website” or “Website” means any website that is the property of FastTrek LLP (“FastTrek” or “we”). “Site” means collectively our Website and our products or services.
Via the Website, FastTrek makes a number of resources available to you, including information, software, products downloads, documents, communications, files, text, graphics, publications, content, tools, and services such as technical support.
FastTrek reserves the right, at its sole discretion, to change, add, or remove any part of these Terms of Use at any time without prior notice to you. We may, at our discretion, choose to notify those subscribed to our newsletters and RSS feeds of such changes. However, it is up to you to check these Terms of Use for changes. Continuing to use the Site after the changes to the Terms of Use have been posted will constitute your acceptance of those changes.
Visitor Conduct
In using the Website, including all software, services, and resources available through it, you agree that:
a) You will not use the Website in any way that could damage, disable, overburden, or impair any FastTrek server, or the network(s) connected to any FastTrek server (including linked sites), or interfere with any other visitors’ use and enjoyment of the Website.
b) You will not upload, email, or otherwise transmit via the Website any potentially destructive, disruptive, or otherwise harmful programs, files, or code, including viruses, Trojan horses, worms, cancelbots, time bombs, or any other form or designation of files or programs that may damage, impair, or alter the operation of a computer or network that is the property of FastTrek or any third party.
c) You will not attempt to disrupt or interfere with the security, integrity, or availability of, or otherwise cause harm to, the Website and/or its content and its content delivery, any resources provided for Website visitors, user or administrator accounts, passwords, servers, or any networks connected to the Website or accessible through it. The same applies to any linked websites.
d) You will not attempt to gain unauthorized access to services, materials, visitor information, visitors’ accounts, computer systems, or networks connected to any FastTrek server or to the Website, through hacking, password mining, or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available via the Website.
e) You will not use false identity information when registering for subscriptions, downloads, or product licenses.
f) You will not remotely harvest or otherwise collect information about others, including email addresses, nor will you use email addresses published on the Website for the purpose of sending any type of unsolicited email communication with disguised or falsified origins.
g) If you choose to post a comment, your username, city, and any other information that you choose to post will be visible to the public. FastTrek is neither responsible nor liable for the privacy of any information that you choose to post to its websites, including in its blogs, or for the accuracy of any information contained in those postings. Any information that you disclose publicly becomes public information. FastTrek cannot prevent such information from being used in a manner that may violate these terms, the law, or your personal privacy. This personal data will be stored and processed until the deletion, in each instance, of posted information.
International Access
The Website can be accessed from most countries around the world. Website content may contain references to FastTrek products, services, documents, promotions, or other resources that are not available in your country. These references do not imply that FastTrek intends to make such resources available in your country.
The Website is hosted on a worldwide redundant network and served from a data centre near you. FastTrek makes no claim or representation that the Website or any resources available through it are appropriate to or made available in your locality. If the Website or any of the resources it makes available are illegal in your locality, DO NOT USE THE WEBSITE. In the event of a conflict between these Terms of Use and a mandatory provision of an applicable law, the mandatory provision shall prevail.
Use of Website Content
Unless specifically indicated elsewhere on the Website, you may view, download, and print Website content subject to the following conditions:
a) The rights granted to you for the use of Website content constitute a license and not a transfer of title.
b) You may use Website content only for non-commercial purposes or in order to purchase our products, and in accordance with our principles set out in our Acceptable Use Policy.
c) You may not remove any copyright or other proprietary notices displayed or contained in Website content.
d) You may not modify or alter Website content in any way.
e) You may not distribute, sell, lease, rent, or relicense Website content to others.
f) FastTrek reserves the exclusive right to revoke authorization to view, download, print, or otherwise use Website content at any time, and you shall discontinue such use immediately upon notice from FastTrek.
Uploading Content
As part of the Website’s functionality and within FastTrek products or services, FastTrek may provide you with the option to upload data to the Website for further use by FastTrek, including in the provision of support to you for FastTrek products and services.
Without FastTrek’ written permission, you may not:
a) Upload other data than as requested or required by FastTrek.
b) Upload data containing computer viruses, worms, malware, data restricted by legislation, or data otherwise containing anything of a malicious nature.
c) Upload any files which could cause harm to FastTrek or the Website, customers, facilities, or any equipment that FastTrek uses.
d) Post comments, post in forums, participate in community discussions, or use the Website other than in accordance with our Acceptable Use Policy.
Use of Software
The software and accompanying documentation that is available for download from the Website is the copyrighted and/or patented work of FastTrek and/or its suppliers. Use of the software is governed by the terms of the subscription or other respective agreement included with such downloaded or cloud software. You will not be able to install or access any software that is accompanied by or subject to a subscription or other respective agreement unless you agree to the terms of the subscription or other respective agreement.
If no subscription agreement accompanies the software, and no other license governs the use of the software, then use of the software will be governed by these Terms of Use. You agree that you will not decompile, reverse-engineer, or otherwise attempt to discover the source code of the software available on the Website, unless a license or applicable law specifically authorizes you to do so.
Intellectual Property Rights and Licenses
Website content, including software and related documentation, as well as the structure of the Website, is protected by copyright, trademark, patent, and/or other intellectual property laws. Unauthorized use of Website content may violate such laws and these Terms of Use.
Except as expressly stated in this document, FastTrek and its suppliers do not grant any express or implied rights to use Website content. You agree not to copy, republish, embed, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, and/or its content (including downloaded software or other products), except as expressly authorized in these Terms of Use. Also, you agree (a) not to use any data mining, robots, or similar data harvesting and extraction methods in connection with the Website, and (b) not to impose an unreasonable load on our infrastructure, using an unreasonable amount of FastTrek resources, or using FastTrek-related automated systems in an unreasonable way. This includes mining cryptocurrency and other automated processes relating to cryptocurrencies.
Use of Trademarks
The names, trademarks, logos, icons, websites, screenshots, and other distinctive features (“Marks”) displayed on the Site are the property of FastTrek or third parties (for example, all Star Trek related marks being owned by Paramount Pictures). You may not use the Marks without the prior written consent of FastTrek or (as applicable) the third-party owner of the Marks.
You may use FastTrek Marks and logo images (“Logos”) under the following conditions:
a) You may not alter the Logos in any way except for pixel dimensions, which must always be in the same proportions as the original image provided via the Website. All the Marks in reduced-size Logos must remain clearly identifiable and legible.
b) You may not create links on any other site connecting directly to the Logo image files on the Site.
c) You may not use the Logos in any manner that represents or implies any affiliation with or endorsement by FastTrek when no such affiliation or endorsement has been formally established in writing with FastTrek.
FastTrek reserves the right to determine what constitutes improper or inappropriate use of FastTrek Marks and Logos, and you agree to correct improper or inappropriate use of FastTrek Marks and Logos, or to cease use of the same, upon notification from FastTrek.
Liability of Limitation, Disclaimer
In connection with your use of the Website, FastTrek and its associated companies may process your personal data for the following purposes:
a) To provide you with software, services, or information. For this purpose, (i) your username, contact details, and information from your posts, (ii) IP address and user environment data, and (iii) data collected by cookies or other tracking technologies (including clear GIFs, pixel tags, and other technologies) will be used.
b) To protect FastTrek from piracy and unlawful use of FastTrek software or services. For this purpose, mainly (i) IP address and environment data and (ii) data collected by cookies or other tracking technologies will be used.
c) To improve FastTrek offerings based on usage. For this purpose, mainly (i) your username, contact details, and information from your posts, (ii) IP address and environment data, and (iii) data collected by cookies or other tracking technologies will be used.
d) For FastTrek’ internal evidence and to protect the rights and interests of FastTrek and other users. For this purpose, mainly (i) data collected by cookies or other tracking technologies and (ii) audit records, application logs, weblogs, and/or backups will be used.
e) To promote and market FastTrek software and services. For this purpose, mainly (i) your username, contact details, and information from your posts, (ii) IP address and environment data, and (iii) data collected by cookies or other tracking technologies will be used.
f) To provide third parties with information about your use of the Website. For this purpose, mainly data collected by cookies or other tracking technologies will be used.
g) To fulfill legal duties stipulated by accounting, taxation, and other laws.
Further, third parties listed in the Privacy Policy will process your personal data, in particular data about your usage of the Website, to promote and market FastTrek software and services.
You may object to the processing of your personal data for purposes b) to e) at any time, by emailing us at [email protected].
You may also withdraw your consent to the processing of your personal data at any time when the processing is done based on consent. The withdrawal of your consent will not affect the lawfulness of any processing done before such withdrawal.
More detailed information about personal data processing for the aforementioned purposes, and about your rights, can be found in the remainder of these Terms of Use and in the Privacy Policy.
IP address and user environment data
Web logs that may be generated during your use of the Website may include information about IP addresses used to access website services, the browser, operating environment, Uniform Resource Locators (URLs) used to access website services, and/or other information. No personal data is kept in web logs for more than 30 days.
Cookies and Other Tracking Technologies
When you use our Site, we and our third-party service providers may read and store small plain text files called ‘cookies’ on your browser or on the hard drive of your computer for various purposes further described below.
Unless you have adjusted your browser’s settings so that it will refuse Cookies, our Site will issue (i) strictly necessary Cookies as soon as you visit our Site and (ii) non-necessary Cookies (Statistics, Personalization, and Marketing Cookies) as soon as you give us your consent while visiting our Site (see below for more information).
What Cookies we use and for what purposes
The Cookies we use on our Site are categorized as follows:
a) Strictly necessary
b) Statistics
c) Marketing
d) Personalization
‘Strictly Necessary’ Cookies – These Cookies let you move around the Site and use essential features like secure areas. Without these Cookies, we cannot provide the requested services. We use strictly necessary Cookies:
a) To identify you as being logged in to our Site and to authenticate you.
b) To make sure you connect to the right service on our Site when we make any changes to the way the Site works.
c) For security purposes.
Accepting these Cookies is a condition of the proper operation of our Site, so if you block these Cookies, the Site may not work correctly and we may not be able to provide our services and products to you.
‘Statistics’ Cookies – These Cookies collect information about how you use our Site, for example, which pages you visit and whether you experience any errors. Statistics Cookies do not collect any information that could identify you. They are only used to help us improve how our Site works, understand what interests our users, and measure the effectiveness of our advertising. We use Statistics Cookies to:
a) Carry out web analytics and provide statistics on how our Site is used.
b) Obtain data on the number of Site users that have viewed a product.
c) Help us improve the Site by registering any errors that occur.
d) Test different designs for the Site.
Some of our Statistics Cookies are managed for us by third parties. We do not allow such third parties to use these Cookies for any purposes other than those listed above.
‘Personalization’ Cookies – These are used to provide products or services or to remember settings to improve your visit. We use Personalization Cookies for such purposes as:
a) Remembering settings you’ve applied, such as layout, text size, language, preferences, and colors.
b) Remembering whether we’ve already asked you whether you want to take a survey.
c) Remembering whether you have engaged with a particular component or product list on the Site so that it isn’t shown again unnecessarily.
d) Showing you when you’re logged in to the Site.
Some of these Cookies are managed for us by third parties. We do not allow such third parties to use these Cookies for any purposes other than those listed above.
‘Marketing’ Cookies – Marketing Cookies are used to track your visit to our Site and other websites, including the pages you have visited and the links you have followed, which allows third parties to display targeted ads to you on the websites you visit.
We and our third-party service providers use Marketing Cookies to:
a) Link to social networks, such as Facebook, that may subsequently use information about your visit to our Site in order to provide advertising or other offers that may be of interest to you when you visit other websites.
b) Provide third parties with information on your visit so that they can present you with advertisements or other offers that may be of interest to you.
YOUR CONSENT / WITHDRAWING CONSENT
ou acknowledge that the Site will use Cookies strictly necessary for the functionality of the Site (including security, network management, and accessibility) without your consent.
If you provide us with your consent, the Site will use Cookies for any other purposes in accordance with your preferences, including Statistics, Marketing, and Personalization. You can withdraw your consent at any time by adjusting the settings on the Cookie banner.
For how long we store the Cookies and related personal data
Cookies can be stored on the user’s device for various amounts of time. Some Cookies are activated only for a session, meaning they are activated when a user opens the browser window and deleted when they close the browser window. Other, so-called ‘persistent’ Cookies remain stored on the user’s device for an extended period of time.
In any event, any Cookies and personal data collected using Cookies will be stored and processed for no longer than 2 years.
Processing of personal data through Cookies
Some (but not all) Cookies make you identifiable, in which case operations with data obtained from the usage of such Cookies qualifies as the processing of personal data. To the extent this is the case, we may process the personal data because:
a) It is necessary to operate the Site (i.e., perform our contract with you) (strictly necessary Cookies).
b) You have given us consent (other Cookies).
The purposes of such processing correspond to the purposes of various types of Cookies as explained above.
You can withdraw your consent at any time by adjusting the settings on the Cookie banner.
How to delete and block our Cookies
You can block Cookies by activating the setting in your browser that allows you to refuse some or all Cookies. However, if you use your browser settings to block all Cookies (including Cookies that are strictly necessary for the Site to work), you may not be able to access all or parts of our Site.
For further information about deleting or blocking Cookies, please visit: http://www.aboutcookies.org/how-to-delete-cookies/.
More about the Cookies we use
Cookies. There are two types of cookies:
Persistent cookies: These cookies remain on a user’s device for the period of time specified in the cookie. They are activated each time the user visits the website that created that particular cookie.
Session cookies: These cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.
Cookies can be either first-party or third-party cookies. Whether a cookie is first-party or third-party depends on which domain placed the cookie.
First-party cookies are those placed by a website being visited by the user at the time (for example, cookies placed by us). Cookies placed by FastTrek are used when you create an account, identify yourself using a FastTrek Account, purchase products using our e-store, or use any of our services, including (but not limited to) our issue tracker, blogs and discussions forums, signing up for our newsletter, and so on. At times we may also use Cookies to test out new features of our Website and/or web-based services with a subset of our audience.
Third-party cookies are cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website, this would be a third-party cookie.
Clear GIFs, pixel tags, and other similar technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also known as web beacons, web bugs, or pixel tags), in connection with our Website to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
If you are in the EU, you may opt in and at any time opt out of certain third-party Cookies that we and other websites may use for targeting, via http://www.youronlinechoices.eu or www.aboutads.info. Opting out of one or more ad networks only means that members of those particular ad networks will no longer deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Site or other third-party websites. If your browser is configured to reject Cookies when you visit one of the aforementioned opt-out pages, and you later erase your Cookies, use a different computer, or change web browsers, your preference may no longer be active. Since all of these Cookies are managed by third parties, you should refer to the third parties’ own website privacy notifications and policies for further information (see above for more information about the particular Marketing Cookies used on our Site).
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information on opting out of interest-based advertising, and available choices regarding having your information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information on opting out of interest-based advertising, and available choices regarding having your information used by NAI members.
Opting out of one or more of the companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., context-based ads). Also, note that if your browsers are configured to reject Cookies when you opt out on the DAA or NAI websites, your opt-out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info and on the NAI’s website at www.networkadvertising.org.
DO NOT TRACK
Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking by disabling cookies in your browser, but if you do so, we cannot guarantee the correct behavior of the services we provide to you.
Links
At times, FastTrek websites and/or FastTrek software products may contain links to other external (non-FastTrek) sites. FastTrek is not responsible for the privacy practices or content of such linked websites.