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Privacy and Use
On this page, you will find the privacy policy and terms of use for this Fiducial website.
Privacy Policy
This Data Protection and Privacy Policy applies to Fiducial, Inc., and its subsidiaries, including Fiducial Business Centers, Inc. d/b/a Fiducial Expertise, Fiducial Paymaster, Inc., Fiducial Franchises, Inc., Fiducial Business Centers, Inc. d/b/a Federated Funeral Directors of America, Fiducial Jade, Inc., and Fiducial Technology, Inc. d/b/a “CloudXpress” (collectively referred to herein after as “we,” “us,” "Fiducial" or the "Fiducial System"). Fiducial clients or prospective clients may be referred to as “you,” “your,” or “Client.” Fiducial vendors and current and former employees may also be referred to as “you” or “your.”
Your privacy is very important to us and, as a visitor to the www.fiducial.com, www.jade-fiducial.com, www.federated-fiducial.com, www.cloud-xpress.com, and www.outsourcingsolutions.fiducial.com or any other site controlled by Fiducial or its affiliates and which is subordinate or linked to one of these domains (collectively the “Fiducial sites”), we are committed to respecting and protecting your confidentiality and security. The following explains our online information practices and the choices you may make about the way your information is collected and used.
You should understand that any information that you provide to Fiducial directly or through the use of a Fiducial site will be governed by this privacy policy. Thus, by engaging with Fiducial or by visiting the Fiducial sites you are impliedly consenting to the terms of this Data Protection and Privacy Policy.
Effective Date: January 1, 2020.
This policy was last revised on: June 1, 2023.
1. The Types of Information We Collect1.1 We may process your personal data (which we have either obtained directly from you or from somewhere else) if:(a) you are a client, prospective client, or vendor of Fiducial, or an employee of a Fiducial client or vendor;(b) you are someone (or are employed by someone) to whom we want to advertise or market our services; or(c) you formerly were employed by a Fiducial company; or (d) you are a subscriber to a Fiducial newsletter, connected to Fiducial via social media or other informational source;(e) you are a sponsor, presenter or host to any Fiducial event.1.2 Personal data which is not collected directly from you may be collected from:(a) your employer in connection with your job and how it relates to Fiducial;(b) third parties we work closely with, including but not limited to family members, agents, trustees, business partners, sub-contractors in technical, payment, and delivery services, and search information providers;(c) governmental bodies, regulators, institutions, courts or any other similar establishments: or(d) any websites or applications (''Apps") operated by us which you use; or(e) marketing list providers.1.3 Personal data collection methods we may use include:(a) communication in person;(b) communication by phone, email, text, fax, or any other electronic communication method;(c) communication by letters, notices, agreements, information sheets, or any other paper-based communication methods;(d) using our website, social media channels, Apps or other technologies.1.4 Types of personal data that Fiducial may process include:(a) Identity Data including first name, maiden name, last name, social security number, Federal Tax ID number, username or similar identifier, email address, marital status, title, date of birth, gender, your job title and name of employer;(b) Contact Data including billing address, mailing address, email address and telephone numbers (these details may be personal or work-related, depending on the nature of our relationship with you or your employer);(c) Financial Data including bank account, credit card, and other payment method details;(d) Transaction Data including details about payments to and from you and other details of services you have received from us;(e) Profile Data including your username and password, preferences, feedback, and survey responses. It also includes information you give us or that we obtain when you use our website, obtain or subscribe to our services, supply us with goods or services, inquire about a service, place a service request, enter a survey, or contact us to report a problem. or do any of these things on behalf of your employer;(f) Client Data including information about how you use our services, website, and applications. as well as personal data which can include Identity, Contact, Financial, Transaction, and Profile Data of you and/or your family members, beneficiaries, employees or employers, or other third persons about whom we need to collect personal data by law, or under the terms of a contract we have with you; (g) Marketing and Communications Data including your preferences in receiving marketing from us and your communication preferences. This may Include information about events to which you or your colleagues are invited, and your personal information and preferences to the extent that this information is relevant to organizing and managing those events (for example, your dietary requirements); and(h) Technical Data including:The Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;Information about your visit to our website/Apps, such as the full Uniform Resource Locators (URL), clickstream to, through and from our website (including date and time), services viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs). methods used to browse away from a page, any phone number used to call our central switchboard number, and direct dials or social media handles used to connect with our fee earners or other employees; and(i) Location Data which we may collect through our website/Apps or via third-party marketing vendors and which provides your real-time location or general location data based upon an IP address in order to provide location services (where requested or agreed to by you) to deliver content or other services that are dependent on knowing where you are.
2. The Way We Use Information
The information you provide to Fiducial will be used to assess your service needs so that a more informed response will be available to you when we contact you as requested, and will not be shared with outside parties without your prior written consent.
2.1 The below table sets out the purposes for which we obtain your personal data, alongside the lawful basis for our processing such data:
Purpose of Collection Type of Data Collected
To register you as new client IdentityContactClient
To process and deliver your services including but not limited to:Bank account reconciliationManage payments, fees and charges collect and recover money owed to us IdentityContactFinancialTransactionClientSensitive
To manage our relationship with you which will include:Notifying you about changes to our terms or privacy policyAsking you to leave a review or take a survey IdentityContactProfileMarketing and Communications
To enable you to engage in an event or complete a survey IdentityContactProfileMarketing and Communications
To administer and protect our business and our website and Apps IdentityContactTechnical
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you IdentityContactProfileMarketing and CommunicationsTechnical
To use data analytics to improve our website, product/services, marketing, customer relationships and experiences Technical
To provide you the information and communications such as newsletters IdentityContactProfileMarketing and Communications
3.Cookies, LocalStorage, Web Beacons"Cookies" are pieces of information that a web site transfers to your hard drive for recordkeeping purposes. They permit the web site to "remember" important information that will make your use of the web site easier and more convenient. “LocalStorage” is a data storage option used with certain application that actually stores information on the user’s local disk so that data is not sent back and forth every time a user logs into the application. "Web beacons” (also known as “action tags” or “single-pixel gifs”) are electronic images that allow web sites to count visitors who have accessed a particular page, measure the effectiveness of certain site features and to access certain cookies. In addition, like most companies, Fiducial may use cookies, LocalStorage and web beacons in a number of ways to improve your online visit or to monitor customers' usage of the Fiducial sites. For example, we may track the total number of visitors to a site on an anonymous aggregate basis. We may use cookies to "remember" visitors that return to a site to complete an on-line form and the like. In those instances, we may associate personal information with a cookie file. We may use this information in aggregate form for system maintenance. These cookies and web beacons are not used to collect personally identifiable information and identify categories of visitors by items such as IP address, domain, browser type and pages visited. You may set your web browser to notify you when you receive a cookie or to exclude the use of cookies. Click on the "Help" section of your browser to learn how to change your cookie preferences. Please note that under specific circumstances, visitors may be denied access to some parts of a Fiducial site if their browsers are set to decline cookies.
4. Our updates and communications4.1 Where permitted in our legitimate interest or with your prior consent where required by law. we will use your personal information for marketing analysis and to provide you with newsletters and information about events and our services by email, letter, telephone or using our website or Apps.4.2 You can object to receiving further marketing at any time by updating your contact details within your account. or selecting the "unsubscribe" link at the end of our marketing communications to you.
5. Who we share your information with5.1 WE DO NOT SELL YOUR PERSONAL INFORMATION TO THIRD PARTIES. Fiducial does not transfer, or disclose personal information to third party service providers except for processing purposes or in connection with a third party service provider's hosting or maintaining the Fiducial sites.5.2 We may share your personal data with:(a) Any other member of Fiducial System in the U.S. If any of these parties are using your information for direct marketing purposes, we will only transfer the information to them for that purpose with your prior consent.(b) Appropriate third parties including:(i) our business partners, suppliers and subcontractors for the performance of any contract we enter into or other dealings we have in the normal course of business with you:(ii) outside companies engaged to perform various functions, such as assisting with promotions, providing technical services for the website, performing market analysis, and so forth. To perform these functions, the companies may need to have access to the personal data we gather. Fiducial requires each company to sign a confidentiality agreement providing that they may use the personal information only for the purpose of performing these functions and not for any other purpose.(iii) our auditors, legal advisors and other professional advisors or service providers;(iv) credit reporting agencies for the purpose of assessing your credit score where this is in the context of us entering into a contract with you or the person that you work for: and(v) company data providers and similar information providers for the purpose of carrying out our client and matter acceptance checks (including client due diligence) in accordance with our legal and regulatory obligations.(c) In relation to information obtained via our website, analytics and search engine providers that assist us in the improvement and optimization of our website, subject to the cookie section of this policy.5.3 We may disclose your personal information to appropriate third parties:(a) in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets, subject to the terms of this privacy policy;(b) Further, should Fiducial ever be involved in a transaction that involves the change of control of the company, such as a merger or acquisition of substantially all of the stock or assets, it is likely that the information that Fiducial has collected will be transferred as part of the transaction, but the acquiring party will continue to be bound by the terms of this privacy statement until further notice is given.(c) if Fiducial or substantially all of its assets are acquired by a third party, in which case personal data it holds about its clients will be one of the transferred assets;(d) if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our contractual terms or other agreements with you; or(e) to protect the rights, property. or safety of Fiducial, our clients, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction and to prevent cybercrime.Fiducial reserves the right to use or disclose any information as necessary to satisfy any law, regulation, or legal request, to cooperate in any law enforcement investigation or an investigation involving a matter of public safety, to preserve the integrity of the Fiducial sites, and to fulfill the request or respond to inquiries from the party providing the information.
6. Where do we store your information? With only a few exceptions, all electronic data stored by Fiducial is maintained in its proprietary IT network. Fiducial owns and fully controls all of the servers and other network equipment, which is located entirely within the U.S. Fiducial also contracts with certain third-party providers to provide certain of its services, and those providers maintain their own proprietary systems for the collection of data. The third-party providers include:
- CCH Inc., a division of Wolters Kluwer, which provides professional tax preparation software to Fiducial;- Recruiterbox, Inc., a provider of applicant tracking software and solutions that is used by Fiducial in the employee recruitment process;- Quickbooks (Online), which is web-based accounting software used by many Fiducial clients;- Thompson Reuters – Practice CS, which is professional accounting and tax preparation software;- Polaris, which is payroll processing software; and- EPICOR E10, which is Fiducial’s ERP provider- EPICOR HCM, which is Fiducial’s human capital management software
These third-party providers have their own privacy policies and any party that believes their data may reside within one of these systems should separately review the privacy policy of that third-party.
7. How we protect your information7.1 We have put in place appropriate security measures to prevent your personal data from being misplaced or inappropriately used, altered, disclosed or accessed in an unauthorized way. For example, all information you provide to us is stored on our secure servers.7.2 In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to access your data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.7.3 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.7.4 Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website or our Apps, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.7.5 The transmission of information via the Internet is never completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website or Apps. Any transmission is at your own risk. Once we have received your information we will use strict procedures and security features to try to prevent unauthorized access.7.6 Our website may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.7.7 Fiducial sites may offer links to sites that Fiducial does not operate and over those whom Fiducial has no control. If you visit one of these linked sites, you should review their privacy and other policies. Fiducial is not responsible for the policies and practices of other companies or for any injury or damages to your computer as a result of your visiting any of these linked sites.7.8 Fiducial sites may link to other sites to provide you with information or a variety of the services that might be of use to you. We encourage you to review the privacy policies applicable to these third party sites, as Fiducial is not responsible for the policies, practices or content of these third party websites. As an example, the “Employment Opportunities” page from the “Careers” link on the Fiducial site is powered by a third-party vendor called Recruiterbox, which may collect personal information of job candidates. As described above, any job candidates should separately review the Recruiterbox privacy policy.
8. How long we keep your information8.1 We will only retain your personal data for as long as necessary to fulfil the purpose we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.8.2 To determine the appropriate retention period for personal data, we consider the amount. nature. and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.8.3 Details of retention periods for different aspects of your personal data can be requested from us in writing.8.4 In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without notifying you.
9. We do not collect information from children.Fiducial understands the importance of protecting children's privacy. The Fiducial sites are not designed for or intentionally targeted at children 13 years of age or younger. We assure you that we will not intentionally collect any personal information from children age 13 or younger without the permission or a parent or guardian. Parents are encouraged to monitor and supervise their children's online activities.
10. Do Fiducial's Franchisees Abide by This Privacy Policy?
Some Fiducial offices are owned and operated by franchisees of Fiducial Franchises, Inc. ("Fiducial franchisees"), and operate independently from Fiducial. However, some Fiducial franchisees that link their websites directly to a Fiducial site are required to comply with this policy. Fiducial seeks to enforce such compliance; however, Fiducial is not responsible for its franchisees' actions.Fiducial franchisees who operate their web sites separately and which are not linked to a Fiducial site may have their own privacy policies and, as with all other third party websites, Fiducial is not responsible for the policies and practices associated with these independent franchisee web sites. Please review the privacy policy of each such site to understand the privacy policies that are applicable to that site.
11. Your rights11.1 You have the right to:(a) request access to your personal data held by us;(b) request the deletion of your personal data held by us;(c) request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example):(d) object to the further processing of your personal data, including the right to object to sale of information as mentioned in the “Choosing to Opt-Out” section of this policy below.11.2 You may opt out at any time from allowing us access to your location data by changing the cookie settings on your browser. Please note that removal of the Google Analytics cookie may affect your use and experience of our website. To find out more about cookies, including how to manage and delete them, visit www.allaboutcookies.org.
11.3 Your right to withdraw consent:Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us at the contact details at the end of this policy. You can also change your marketing preferences at any time as described the Our updates and communications section;11. 4 How to exercise your rights:You can also exercise the rights listed above at any time by contacting us directly as described in Section [13] below.
11.5 What we may need from you:We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.11.6 Time limit to respond:We try to respond to all legitimate requests within thirty (30) days. Occasionally it may take us longer than 30 days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated as to the expected timeframe to complete the request.
12. Changes to this policyWe may from time to time make changes to this policy. Any changes will be published on our privacy notices at www.fiducial.com (and in the case of substantive changes, will be notified to you by email) and will be effective as of the date of publication (which will also be noted on our website). This policy was last updated on [ December __ 2019].
13. Contact Information: To contact Fiducial to exercise any rights or to obtain further information under this policy, please contact us as follows: By mail to the following mailing address: Fiducial Inc. 10100 Old Columbia Road Columbia MD 21046 Attention: Webmaster
By email to: moc.laicudif%40retsambeW or by clicking this link webmaster.
14. Requesting Access to Data, or Deletion of Data Any person seeking to request access to the personal data held by Fiducial or seeking to request the deletion of personal data held by Fiducial should contact Fiducial by one of the methods described above in Section 13. For the most prompt response it is advised that you email to moc.laicudif%40retsambeW or by clicking this link webmaster. While Fiducial does not currently sell individual information to outside companies for use in marketing, we reserve the right to do so in the future. If we change our policy with respect to the sale of individual information, this policy and we will clearly provide a “Do Not Sell My Personal Information” link within the policy in order for you to request your information not be sold. Further, if you do not want your contact information passed on to other companies, you can send an email to webmaster with the phrase "Do Not Sell My Personal Information" in the subject line.
Additionally, we may disclose nonpublic personal information to our affiliated companies to provide you with a broad range of services that may suit your needs. If you do not want your personal information passed on to our affiliated companies, simply send an email to webmaster with the phrase "Do not pass my nonpublic personal information to affiliated companies."
15. SMS Terms of ServiceThese SMS Terms of Service (the “SMS Terms”) govern the provision, receipt, and delivery of text messages by or on behalf of Fiducial, Inc., and its subsidiary and affiliated companies including Fiducial Business Centers, Inc. d/b/a Fiducial Expertise, Fiducial Paymaster, Inc., Fiducial Franchises, Inc., Fiducial Business Centers, Inc. d/b/a Federated Funeral Directors of America and/or Federated Fiducial, Fiducial Jade, Inc., and Fiducial Technology, Inc. d/b/a “CloudXpress” (collectively referred to herein after as “we,” “us,” "Fiducial" or the "Fiducial System") to Fiducial’s current or prospective clients (“you,” “your,” or “Client”). You can provide us with your consent to receive Fiducial Texts in multiple ways, such as by providing us with your phone number during or after registration, through communications or transactions with us, or by opting into receiving marketing Fiducial Texts. By providing consent, you authorize us to use automated or non-automated technology to send Fiducial or pre-recorded messages via automated telephone dialing systems, to the number associated with your consent. You may opt into receiving Fiducial Texts with marketing content, and consent to receiving marketing texts is not a condition of purchase. Message frequency varies based on the type of messages. You further represent that you (1) are 18 years of age or older, (2) understand the obligations and agree to the terms, and (3) are the subscriber to the relevant phone number.
Depending on the consent you have provided, our text messages (the “Fiducial Texts”): (1) provide you with information you requested from us; (2) provide updates regarding transactions with or through us; (3) respond to your support questions and other inquiries regarding your use of our services; and/or (4) provide you with marketing or promotional content that may interest you.
We do not charge you for texts, but message and data rates may apply. We may send a text message to verify your phone number. We may also send you an initial message confirming your enrollment in Fiducial Texts. After that, you may receive recurring text messages, and the specific amount may vary depending on how you use our services. The mobile carriers that support Fiducial Texts may change without notice, and the particular Fiducial Texts program you join, including those operated through a different number, may be limited to specific carriers. Fiducial and the mobile carriers are not liable for delayed or undelivered messages. Fiducial Texts may not be compatible with all cell phone models.
To opt out of our texts from a specific phone number, you must text “STOP” to that number. You must separately opt out of each number from which you have provided us with consent to receive Fiducial Texts. After we receive your “STOP” text, we may send you confirmation of your opt-out via text message.
We reserve the right to modify these SMS Terms, or any part, or add or remove terms at any time, and such modifications, additions, or deletions will be effective immediately upon posting. Your continued enrollment in Fiducial Texts shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.
16. Changes in Our Policy Fiducial may change this policy from time to time, so we suggest you review the policy periodically. The first section of our policy states the effective date, and anytime we update the policy, we will change the date accordingly.
17. Summary of Your Rights(a) Request access to your personal data (commonly known as a "data subject access request"). This entitles you to receive a copy of the personal data we hold about you and to check that we are processing it lawfully.(b) Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, although we may need to verify the accuracy of the new data you provide to us.(c) Request deletion of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however. that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.(d) Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes.(e) Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
18. No DiscriminationWe will not discriminate against any person with respect to the offering of our services, the provision or those services or the payment rates or terms for such services as a result of such person’s exercise of their rights hereunder.Terms of Use
Terms of Use
Terms and conditions of useLast updated: January 2018
These Terms and Conditions (“Terms”) apply to www.Fiducial.com and any other Fiducial Website on or accessible via www.Fiducial.com (collectively, the “Websites”) that either link to these Terms or for which no separate Terms are provided.
Some of the Websites may have their own terms and conditions, and certain content on individual Websites may be subject to additional terms. By accessing any other Websites or content within the Websites, you agree to be bound by any additional terms that govern use of each such Website or such content. To the extent that there are no terms and conditions provided on a Website, these Terms apply.
Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations with respect to your use of the Websites, including but not limited to various limitations and exclusions, and indemnities.
By accessing or using the Websites, and the services available via the Websites, you signify that you have read, understand and agree to be bound by these Terms in all respects with respect to the Websites. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Websites.
Definitions
For clarity and comprehension, we have defined certain words used in the Terms and on the Websites. Additional definitions are included elsewhere in the Terms.
"Content" means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.
“Fiducial”, “we” or “us” refer to the Fiducial group of companies. “Fiducial”, “we” or “us”, as used in individual articles and thought leadership pieces available on the Websites may, depending on context, refer to the Fiducial international network as a collective or to individual businesses and offices.
“Fiducial Network” means Fiducial, S.C., Fiducial, Inc. and all of their affiliates, subsidiaries, franchisees and other related parties around the world.
“Fiducial Parties” refers collectively and inclusively to the individual divisions and entities of the Fiducial Network, including their respective officers, directors, partners, principals or equivalent; personnel; affiliates; business associates; licensors; and contractors and subcontractors.
“Registered User” means a user who has registered and created an Account with Fiducial to access enhanced features of a Website.
“User” means all users of a Website.
“you" means you as an individual user of a Website.
About the Websites
The Websites provide information about Fiducial, including thought leadership and the services and products we provide. References to “the site,” “the Website,” “the Websites”, and “www.Fiducial.com” include all software, content and features provided within the relevant Website(s).
The Websites offer a range of interactive features, such as access to premium and personalized content, user profiles, reading lists, commenting and other publicly accessible collaborative features. We may add other features from time to time. Certain features are available only to Registered Users. For more information about registration, please see the Registration section of these Terms.Informational purposes only
The Websites and content available within them is for informational purposes only. Neither the Websites nor the content available within constitutes professional advice, and neither should be relied upon by you or any third party, including to operate or promote your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or otherwise be used in connection with procuring services or other benefits from any entity. Before making any decision or taking any action, you should consult with professional advisers.
Changes to and availability of the Websites
The Websites are made available on an “as is” basis with no representation or warranty with respect to their functionality or availability and with no guarantee that they are complete, accurate, or timely nor any guarantee regarding any results you or others may obtain from their use. Access to all or parts of any of the Websites may be suspended at any time without notice.
Submissions, including Comments and Feedback
The Websites may contain functionality that permits you to comment on articles; share materials; provide ideas, proposals, suggestions (“Feedback”); or otherwise make available certain materials through or in connection with your use of the Websites (collectively, “Submissions”).
Whether related to the Websites or otherwise, you acknowledge and agree that your Submissions are not confidential; that your provision of Submissions is gratuitous, unsolicited and without restriction; and that the provision of any Submission does not place Fiducial under any fiduciary or other legal obligation.
We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the site; however, we have no control over and are not responsible for any use or misuse (including any distribution) by any third party of Submissions.
If you choose to make publicly available any of your personally identifiable or other information through the Websites (for example through posting a comment or other form of Submission), you do so at your own risk and you agree that such Submissions by you will comply with all relevant requirements set out in these Terms.
Monitoring
We may monitor use of the Websites from time to time but have no obligation to do so. If and when we do monitor your use of one or more of the Websites, we will do so in accordance with applicable law.
Your responsibilities
Acceptable conduct
You will use the Websites only for lawful purposes. If at any time you become aware of any violation, by any person or entity, of any part of these Terms, you will immediately notify us by contacting us here and provide us with assistance, as requested, to stop or remedy such violation.Prohibited conduct
In using the Websites, you must not do any of the following:
• Post, transmit or otherwise make available through the Websites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libellous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) a virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
• Post, transmit, or otherwise make available through the Websites any material protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Use the Websites for any commercial purpose or otherwise use the Websites for processing data or other information on behalf of any third party.
• Use the Websites for any purpose that is fraudulent or otherwise tortious or unlawful.
• Interfere with or disrupt the operation of the Websites or the servers or networks used to make the Websites available, including by hacking or defacing any portion of any of the Websites; or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the Websites.
• Create or share content without first obtaining any necessary permissions from third parties or otherwise use the Websites to post or transmit any information that you do not have the right to provide; that would violate any applicable law or regulation; or that would violate, infringe or misappropriate any third party right or interest.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Websites except as expressly authorized herein, without Fiducial’s express prior written consent.
• Reverse engineer, decompile or disassemble any portion of any of the Websites, except where such restriction is expressly prohibited by applicable law.
• Remove or alter any copyright, trademark or other proprietary rights notice on the Websites or content you access via the Websites.
• Frame or mirror any portion of the Websites, or otherwise incorporate any portion of the Websites into any product or service, without Fiducial’s express prior written consent.
• Systematically download and store Websites’ content.
• Use any robot, spider, Websites search/retrieval application or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine” or otherwise gather content from the Websites, (b) reproduce or circumvent the navigational structure or presentation of the Websites, or (c) Harvest or collect information about users of the Websites without Fiducial’s express prior written consent.
If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Websites or take any other steps we consider appropriate. Requirements to Use the Websites
If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old.
If you are using the Websites on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization and all references to "you" throughout these Terms will include such organization, jointly and severally with you personally.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If any applicable law, rule or regulation prohibits you to access the Websites, you may not access them. If you nevertheless access or use the Websites, you will still be bound to these Terms and shall have all the obligations, responsibilities and liabilities as if you were eligible to do so.
Registration
Features
Certain features of the Websites are available only to registered users such as Fiducial eSolutions and Fiducial Connect. Current examples include access to premium content, reading lists, and any on-site commenting or collaboration activities. Additional features may be made available to registered users over time.
How to register
To register, you will need to provide certain information about yourself and create a username and password, or have that registration created for you by Fiducial. This combination of information (“Account”) will be your Account as a Registered User.
Registrations may be accepted, rejected or cancelled by us at any time and for any reason. If your registration is cancelled, you will continue to have access to the Websites; however, you will no longer have access to features available only to Registered Users.
Responsibilities of Registered Users
If you choose to register with us and become a Registered User, you agree you are solely responsible for your Account and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission, and you agree to:
• provide true, current, accurate and complete information about yourself as requested by us from time to time and notify us promptly of any changes to your information so that your Account information is current, complete and accurate;
• maintain the confidentiality and security of your Account, including your username and password;
• notify us immediately of any unauthorized use of your Account, Account password, or service provided through your Account, as well as any breach of security with respect to your Account, Account password, or service provided through it; and
• assist us, if and as we request, to stop or remedy any breach of security related to your Account.
Privacy of Registered Users
Our Privacy Statement explains how we protect and use your information; the Registered User section of the Privacy Statement explains additional information we collect and additional uses of information about Registered Users.
Termination
We may, in our sole discretion, suspend, restrict or terminate your use of the Websites (including your Account, if you are a Registered User), effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Websites or our or any third party's equipment or network is impaired by your use of the Websites; we have received a third party complaint which relates to your use or misuse of the Websites; or you have been or are in breach of any term or condition of these Terms. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Websites.
Intellectual property
Our Content
Except where expressly stated otherwise, all right, title, and interest in and to the Websites and all Content, source code, processes, designs, technologies, URLs, domain names, marks, and logos forming any part of the Websites (collectively, "Our Content") are (a) fully vested in us, our licensors, or our suppliers and (b) protected by applicable copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws.
You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Websites or these Terms grants you any right, title or interest in or to Our Content except the limited right to use the Websites as set out in these Terms.
Unless otherwise expressly authorized by us in writing, you agree not to
• copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content;
• remove any proprietary notices or labels on or in Our Content; or
• allow any other person or entity to engage in any of the foregoing.
Your Content
You represent and warrant that you have all rights necessary to grant the licenses referred to in these Terms. You further represent and warrant that your Submissions are (a) complete and accurate and (b) are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
Ownership
We do not claim ownership of your Submissions; however, you agree that by posting, uploading, inputting, providing, submitting, entering, or otherwise transmitting your Submissions to us or any third party using the Websites:
• You have thereby granted us a royalty-free, non-exclusive, worldwide, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze, exploit and practice any comment or submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials);
• You will have thereby confirmed, represented and warranted to us that you have all rights, titles and interests, as well as the power and authority necessary, to grant the license to your Submissions set out above;
• You will indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from your Submissions, including instances where any of your Submissions (a) infringes any Third Party Content or other third-party intellectual property rights, or (b) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful; and
• You acknowledge and agree that the technical processing and transmission of the Websites, including your Submissions, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that your Submissions may be subject to "caching" or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.
Deletion
If you delete the Account to which your Submissions are connected, you acknowledge and agree that we may retain a copy or copies of same for archival or compliance purposes or to otherwise provide the Websites to you or others, subject always to your license to us, set out above, and to our Privacy Policy.
Compliance and Complaints
We do not have any obligation to censor or review any of your Submissions, to censor or review any Third-Party Content, or to monitor use of the Websites. However, you agree that we may, without notice or liability, disclose to third parties any of your information or your Submissions; monitor use of the Websites; and monitor, review, and retain your Submissions if we believe in good faith that such activity is reasonably necessary to provide the Websites to customers, ensure adherence to or enforce the terms of these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others.
If we receive a complaint relating to your use of the Websites, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate any service involved, and/or remove your Submissions from our servers. Third-Party Content
The Websites may contain links to websites and other materials made available by third parties (collectively, "Third Party Content"). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third Party Content.
Third Party Content may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Websites or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Websites as set out in these Terms.
We neither control nor endorse, nor are responsible for, any Third Party Content and we make no representations or warranties with respect to them. The availability of any Third Party Content through the Websites does not imply the endorsement of, or affiliation with, any provider of such Websites or materials. Your use of any Third Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third Party Content).
Trade and Service marks
You may not use the “Fiducial,” “Jade,” “Federated,” or “Fiducial Outsourcing Solutions” trade names, trademarks, service marks, logos or designs, or any other mark held by Fiducial, in connection with any product or service that is not of any Fiducial division nor in any manner that is likely to cause confusion. Nothing contained on the Websites should be construed as granting any right to use any trade names, trademarks, service marks, logos or designs without the express prior written consent of the owner.
Open Source
The Websites may include open source components, which are licensed for use and distribution by us under applicable open source licenses. Use of these open source components is governed by and subject to the terms and conditions of the applicable open source license.
U.S. Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Websites infringe your copyright, you (or your agent) may send to Fiducial a written notice by mail or e-mail, requesting that Fiducial remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Fiducial a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Fiducial’s DMCA agent as follows: By mail to Fiducial Inc., 10100 Old Columbia Rd, Columbia, MD 21046; by e-mail to moc.laicudiF%40ecnailpmoC; or by fax to the fax number that we will provide to you if you request such fax number by contacting Fiducial’s DMCA agent by mail, e-mail or telephone at the addresses or phone number provided in this Section. Fiducial’s DMCA agent’s phone number is (410) 290-8296. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
Liability and Warranties
Warranties
FIDUCIAL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, WHICH IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED WARRANTIES REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability
The Websites are provided for information purposes only and, to the maximum extent permitted by applicable law, we and our associated persons exclude all liability for any loss or damage of whatever kind and however arising in connection with your use of, or inability to use, the Websites and any materials you obtain via the Websites.
You acknowledge and accept that use of the Websites is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, neither Fiducial nor any Fiducial Parties are liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Websites arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIDUCIAL DISCLAIMS ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIDUCIAL SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE WEBSITES; ANY INFORMATION MADE AVAILABLE THROUGH THEM; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE WEBSITES OR THE INFORMATION MADE AVAILABLE THROUGH THEM; OR FOR ANY LOSS OR DAMAGES - INCLUDING CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES - THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR ANY INFORMATION OR MATERIALS OBTAINED BY YOU VIA OR IN CONNECTION WITH THE WEBSITES.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party’s option), indemnify, and hold Fiducial and its insurers harmless from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) and expenses in connection with any claim arising out of or in connection with any content or information posted or transmitted by you using the Websites or otherwise arising out of your use of the Websites or use of the Websites by any third party who is given or gains access to the Websites due to your action or inaction. Fiducial has the right at any time to forego the indemnification and assume the defense of any claim. Notwithstanding the foregoing, it is not the intent of Fiducial to affect the rights of Fiducial or its insurers to assume the defense or settlement of any claim against Fiducial for which insurance coverage is sought under any applicable insurance policy.
Disclaimers and Assumptions of Risk
FIDUCIAL DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE.
The Websites and all information provided to you via the Websites is provided “as is” and “as available.” To the maximum extent permitted by applicable law, Fiducial disclaims all express, implied, and statutory warranties with respect to the same, including without limitation all express, implied, and statutory warranties with respect to the same, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, non-interference, error-free service, and uninterrupted service. Fiducial does not represent or warrant that the Websites, services and information provided through the Websites, or software or information downloaded from the Websites will be accurate, current, uninterrupted, error-free, omission-free, or free from viruses or other harmful components.
BY MAKING AVAILABLE THE WEBSITES, FIDUCIAL IS NOT MAKING AN OFFER OF ANY FINANCIAL, TAX, ACCOUNTING, LEGAL OR OTHER PROFESSIONAL SERVICES OR GOODS, AND THE INFORMATION PRESENTED ON THE WEBSITES SHOULD NOT BE CONSTRUED AS LEGAL, TAX, ACCOUNTING OR ANY OTHER PROFESSIONAL ADVICE OR SERVICE.
Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.
Other legal provisions
Amendments
We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. The latest, fully-amended version of these Terms will be published on the Websites. You are responsible for regularly reviewing the Websites to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate the agreement between you and us regarding the use of the Websites as set out in these Terms. If you continue to use the Websites after the effective date of any amendment, you will be conclusively deemed to have accepted such amended version of these Terms.
Privacy
Each of the Websites has a Privacy Statement. You acknowledge that you have read the Privacy Statement located on each of the Websites, as it may be updated from time to time (the "Privacy Statement"). You further acknowledge that, to the extent required under applicable law, by using such Website you consent to the collection, use, and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with such Privacy Statement, which is incorporated herein by reference and forms an integral part of these Terms.
Our Remedies
Without limiting any of our rights, we may suspend, restrict or terminate your use of the Websites without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the Terms, including but not limited to any of your responsibilities as set out above.
Enforceability
Your use of the Websites, and the content and features accessed through them, constitutes your agreement to these Terms; such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.Interpretation
In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (ii) the word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to Websites addresses or URLs will also include any successor or replacement Websites containing substantially similar information as the referenced Websites(s).
No implied waiver
If you do not comply with these Terms, and we do not take action immediately, this does not mean we are giving up any rights that we/they may have (such as taking action in the future).
Limitation Period
Any cause of action you may have with respect to these Terms or the Websites must be commenced within one year after the claim or cause of action arose, or it will be barred.
Notices
Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms and Conditions:
• by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account;
• by you to us will be deemed to have been effectively and validly given only if in writing and delivered or submitted to us.
Assignment
We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
Relationship
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms or use of the Websites.
Force Majeure
Neither party will be responsible for a failure to fulfil its obligations under these Terms or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
Entire Agreement
These Terms, as amended from time to time, including any and all documents, Websites, rules, terms and policies referenced herein, including but not limited to the Privacy Statement, constitutes the entire agreement between us and you with respect to your use of the Websites.
Severability
If a particular term or portion of these Terms and Conditions is found to be unenforceable, this will not affect any other terms.
Governing Law and Dispute Resolution
Unless Terms and Conditions available on a particular Website state otherwise, these Terms will be governed by New York law and any dispute or proceedings arising from your use of the Websites shall be subject to the exclusive jurisdiction of the New York state courts located in Manhattan County, New York and the U.S Federal District Court for the Southern District of New York.
Updates
The Privacy Statement and Terms are current as of the date on the top of this page. We may update the Terms and Privacy Statement at any time by publishing an updated versions here. If you continue to use the Websites after any such changes, that will indicate you accept those changes.
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