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PROXMAX TERMS OF SERVICE

Thank you for selecting the Services offered by Proxmax Limited and/or its subsidiaries and affiliates (referred to as “Proxmax”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Proxmax. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorised representative, in which case the terms “you” or “your” will refer to such entity and its affiliates as well as you.  If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorized representative.

GENERAL TERMS

  1. AGREEMENT

This Agreement describes the terms governing your use of the Proxmax online services provided to you on this website which includes all or any visits you make to the website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:

Proxmax’s Privacy Policy provided to you in the Services available on the website or provided to you otherwise.

Additional Terms and Conditions, which may include those from third parties.

Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

YOUR RIGHTS TO USE THE SERVICES.

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Proxmax. Proxmax reserves all other rights in the Services.

2.2 Membership Registration

Where the website requests registration, please note that you must be over 18 to register and gain full access to the website.

Please note each registration is for a single user only and ProxMax does not permit you to share your registration details with anyone else. You must therefore ensure that the details provided by you on registration or at any time reflect this and are correct and complete. Please notify us of any changes relating to your registration details including your personal details in order that we can communicate with you effectively.

In order to prevent fraud ProxMax may ask you to create a password when registering. Please keep this password confidential and you must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you contact us (see below) immediately. ProxMax reserves the right to request you to change your registration details including your password at any time.

You can cancel your registration at any time by contacting us (see below). Once your registration has been cancelled you will no longer be able to access the areas of the website which requires registration. ProxMax may suspend or cancel your registration at any time if you breach of if we suspect you may intend to breach any of the terms of use (including any associated terms or conditions). The cancellation of your registration shall not affect either party’s statutory rights or liabilities.

2.3 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

Provide access to or give any part of the Services to any unauthorised third party.

Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.

Make the Services available on any file-sharing or application hosting service.

USE WITH YOUR MOBILE DEVICE. Use of these Services may be available through a compatible mobile device, the Internet, and may require software.  You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

PROXMAX MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;

ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

YOUR PERSONAL INFORMATION. You can view Proxmax’s Privacy Policy provided with the Services and on the website for the Services. You agree to the applicable Proxmax Privacy Policy, and any changes published by Proxmax. You agree that Proxmax may use and maintain your data according to the Proxmax Privacy Policy, as part of the Services.  You give Proxmax permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other Proxmax services.  For example, this means that Proxmax may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. Proxmax is a global company and you agree that Proxmax may access or store personal information in multiple countries, including countries outside the European Economic Area to the extent permitted by applicable law.

CONTENT

3.1 You are responsible for your content. You are responsible for all materials, data, and personal information (“Content”) uploaded, posted or stored through your use of the Services.  You grant Proxmax a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services.  Proxmax is not responsible for the Content or data you submit through the Services.  You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any law or regulations in force in the country in which you access the Services or in the UK;

Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;

Virus, trojan horse, worm or other disruptive or harmful software or data; and

Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

ADDITIONAL TERMS

4.1 Proxmax does not give professional advice. Unless specifically included with the Services, Proxmax is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

4.2 We may tell you about other Proxmax services. You may be offered other services, products, or promotions by Proxmax (“Proxmax Services”). Additional terms and conditions and fees may apply.

4.3 Communications. Proxmax may be required by law to send you communications about the Services or third party products. You agree that Proxmax may send these communications to you via email or by posting them on our websites.

4.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Proxmax if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

DISCLAIMER OF WARRANTIES

5.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROXMAX, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. PROXMAX AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS OF ENGLAND AND WALES ANY IMPLIED WARRANTIES IN RESPECT TO THE SERVICES, SOFTWARE, AND CONTENT ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

58.2 PROXMAX, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.

LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF PROXMAX, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, PROXMAX, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET PROXMAX SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF PROXMAX AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF PROXMAX, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. NOTWITHSTANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF ENGLAND AND WALES AND FOR THE AVOIDANCE OF DOUBT PROXMAX DOES NOT EXCLUDE LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.

You agree to indemnify and hold Proxmax and its affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable legal fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”).

CHANGES. We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

TERMINATION. Proxmax may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Proxmax’s rights to any payments due to it.

EXPORT RESTRICTIONS. You acknowledge that the Services, including the mobile application, and the underlying software may include U.K. technical data subject to restrictions under export control laws and regulations administered by the United Kingdom government. You agree that you will comply with these laws and regulations and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.

GOVERNING LAW AND JURISDICTION. This Agreement will be governed by the laws of England and Wales, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of Proxmax’s or its Suppliers’ intellectual property rights may cause Proxmax irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Proxmax shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect Proxmax’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of England and Wales and you agree that you will procure that any third party making a claim against Proxmax arising out of this Agreement shall bring such claim exclusively in the English courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.

Proxmax does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. Proxmax prohibits accessing content from within countries or states where such content is illegal.  You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.

LANGUAGE. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.

GENERAL. This Agreement is the entire agreement between you and Proxmax and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Proxmax. However, Proxmax may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Proxmax or (c) a successor by merger. Any assignment in violation of this Section shall be void.

Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address.  Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications.  You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.

Introduction

ProxMax takes the privacy of your information very seriously and we are committed to protecting and respecting your privacy.

This policy explains how and for what purposes we use the information (whether personal data or otherwise) provided by you through ProxMax (referred to below as the “Website”). Please read our privacy policy carefully. By using the Website and any services we offer through the Website, you are agreeing to the terms and conditions contained in this policy in relation to the information collected about you.

If you have any queries about the policy, please get in touch with us and we will do our best to answer your questions.

  1. WHEN THIS PRIVACY STATEMENT APPLIES. If a Service you’re using links to this Privacy Statement, this Statement applies to you.

This Privacy Statement (“Statement”) applies to our sites, products, and services (collectively, “Services”) that link to this Statement. Proxmax Ltd. is the controller of all Personal Information subject to this Statement for our Services targeted to UK customers. We also provide Services in many other different countries. If you are accessing a non-UK version of our Services, the Proxmax entity responsible for your Personal Information can be found here.

  1. WHAT WE DO WITH YOUR INFORMATION. We want to be clear about what information we collect and how we use it to deliver our Services to you, improve your financial life, operate our business, and help make our Services useful, more intelligent, and work better for you. We do not sell or share your Personal Information with third parties for their own commercial uses without your consent.

Types of Information We Collect. In connection with accessing our Services, we may collect information from you which can be used to identify you (“Personal Information”), such as your name, shipping/billing address, email address, phone, username and password.

We collect information when you register or open an account, sign in, pay a bill, purchase a Service, use a Service, call us for support, or give us feedback. We may also get information from other companies or third parties, such as when you sync a third party account or service with your Proxmax Service, or when we may use service providers to supplement the Personal Information you give us (e.g., validate your mailing address) to help us maintain the accuracy of your data and provide you with better service. Finally, we also collect content or other information that you may provide or create when you interact with our Services.

We may also automatically collect certain usage information when you access our Services (“Usage Data”), such as Internet Protocol (“IP”) addresses, log files, unique device identifiers, pages viewed, browser type, any links you click on to leave or interact with our Services, and other usage information collected from cookies and other tracking technologies. For example, we collect IP addresses to track and aggregate non-personal information, such as using IP addresses to monitor the regions from which users navigate to our Services. We also collect IP addresses from users when they log into the Services as part of our log-in and security features. We may also, when you enable location-based Services, collect Global Positioning System (GPS) location data and/or motion data.

Our Services may change over time and we may introduce new features that may collect new or different types of information.

How We Use Your Information. We may use your information, including your Personal Information, for the following purposes:

Account Registration. We may use your name, address, phone number, and email address to register your account for Proxmax Services we provide and to communicate important information to you. We may obtain additional Personal Information about you, such as address change information, from commercially available sources, to keep our records current. If you set up an administrator account that may be accessed by people other than you, please note that they may see and have the ability to change or delete your Personal Information.

To Provide Our Services and Operate Our Business. We may use your information to operate our business, including providing Services you requested, provide you with support related to our Services, and to help us protect our Services, including to combat fraud and protect your information.

Customer Service and Technical Support. We may use your name, address, phone number, email address, how you interact with our Services, and information about your computer configuration to resolve questions you may have about our Services and to follow up with you about your experience. We also offer various Internet chat services, for example, to speak with a Proxmax support representative. Internet Chat transmissions are encrypted but you should not supply more Personal Information than is required to address your specific issue. A transcript of the session is retained to resolve questions or issues related to our Services.

Communicate with You and Tell You About Other Services. We may use your information to communicate with you about our Services and to give you offers for third party products and services that we think may be of use to you. Please see below under “What You Can Do to Manage Your Privacy” for the choices you have regarding these communications.

To Improve Services and Develop New Services. We will use your information to personalize or customize your experience and the Service, develop new features or services, and to improve the overall quality of Proxmax’s Services.

Feedback. We may use any information you volunteer in surveys you answer for us and combine them with answers from other customers in order to better understand our Services and how we may improve them. Answering any survey is optional.

Research, Including Publishing or Sharing Combined Information from Many Users, But Only in a Way that Would Not Allow You or Any Other Person to be Identified. Only in a way that would not allow you or any other person to be identified, we may prepare and share information about our customers with third parties, such as advertisers or partners, for research, academic, marketing and/or promotional purposes. For example, we may share demographic data that describes the percentage of our customers who use mobile services or who use a particular operating system. We or our third party partners may publicly report the aggregated findings of the research or analysis, but only in a way that would not allow you or any other person to be identified.

How We Share Your Personal Information. From time to time, we may need to share your Personal Information with others.

Third Party Service Providers. We may share your information, including Personal Information and Usage Data, with third party service providers who perform various functions to enable us to provide our Services and help us operate our business, such as website design, sending email communications, fraud detection and prevention, customer care, or performing analytics. Our contracts with these third parties require them to maintain the confidentiality of the Personal Information we provide to them, only act on our behalf and under our instructions, and not use Personal Information for purposes other than the product or service they’re providing to us or on our behalf.

We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief we’re required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request.

Protection of Proxmax and Others. We may share account information, Personal Information and Usage Data when we believe it is appropriate to enforce or apply our products’ Terms of Service and other agreements; or protect the rights, property, or safety of Proxmax, our Services, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing Personal Information of our customers for commercial purposes in violation of the commitments set forth in this Privacy Statement.

Reporting to Credit Bureaus. We may share your information with credit bureaus, consumer reporting agencies, and card associations. Late payments, missed payments, or other defaults on your account may be reflected in your credit report and consumer report. We may also share your information with other companies, lawyers, credit bureaus, agents, government agencies, and card associations in connection with issues related to fraud, credit, or debt collection.

Information Sharing Between Proxmax Entities. We share your information, including your Personal Information, with and among our affiliates and subsidiaries, except where prohibited by law. Affiliates and subsidiaries means companies related by common ownership or control. The reasons why we share your information include for our everyday business purposes, such as to: process your transactions, maintain your accounts, operate our business, facilitate Proxmax Single Sign-On, etc. We will also share your information in order for us to be able to offer our products and services to you. We may also share information about your creditworthiness, your transactions and experience so that we can operate our business effectively, detect and prevent fraud, and improve our Services.

Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you’d like to stop receiving promotional information following any change of control.

With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your Personal Information may be shared with other third parties.

Proxmax Single Sign-On. Proxmax Single Sign-On is a Service that allows you to sign-in to a variety of Proxmax Services. We will collect certain information for security purposes in order to verify your authorized access to an account or to reset your password if you cannot access your Proxmax account. Some Services may require added security and may be asked to provide additional information. The email address and password that you use to sign up for a Proxmax account are your “credentials” that you will use to authenticate with our network. We assign a unique ID number to your credentials to track you and your associated information. Proxmax Services do not allow sharing of accounts between users or individuals.

  1. WHAT YOU CAN DO TO MANAGE YOUR PRIVACY. You can view and edit information that identifies you online through your Proxmax Service. How you can access and control information that identifies you will depend on which Services you use. You have a choice about the use of information that identifies you, marketing communications you receive from us, and our use of cookies and other tracking technologies.

Updating Your Personal Information. In connection with your right to manage your Personal Information you provide to us, you may access, update, change, correct or request deletion of your information either through the Service or through our customer support. You can reach our customer support by using the contact information provided in the “How to Contact Us” section of this statement.

Managing Marketing Communications From Us. We will honour your choices when it comes to receiving marketing communications from us.

You have the following choices if you have been receiving marketing communications from us that you no longer wish to receive:

Click the “unsubscribe” link in the email or newsletter you received.

Adjust your preferences in your Proxmax account settings.

For SMS messages, reply “STOP” or follow the instructions in the message or settings to discontinue the Service.

Subject to your control, our mobile applications may send push notifications to your mobile device. If you are receiving push notifications and no longer wish to receive these types of communications, you may turn them off at the device level.

Remember that even if you choose not to receive marketing communications from us, we will continue to send you mandatory service or transactional communications.

Cookies and Other Tracking Technologies. The following is a high level summary of our practices and your controls for cookies and other tracking technologies. For more information, please see our Cookies Policy.

In accordance with applicable law, Proxmax and our service providers may use commonly-used tools to recognize your visit and track your interactions with our Services such as cookies, web beacons, pixels, local shared objects, and similar technologies (collectively, “Cookies”). Sometimes this tracking is necessary in order for us to provide you the Service you requested. Other times, we combine Usage Data collected from Cookies with that of other customers to improve your and other customers’ experience. You have control over some of the Usage Data we collect from Cookies and how we use it. Information on changing your browser settings to opt out of Cookies can be found in your browser settings.

In accordance with the Digital Advertising Alliance Principles, Proxmax may use advertising networks and other third parties to display advertising on our website or to manage our advertising on other sites. Our third party partners may place Cookies on our Services and unaffiliated websites in order to serve advertisements that may be relevant to you based on your browsing activities and interests, and to determine the effectiveness of such advertisements. If you wish to opt out of interest-based advertising, contact us and we will remove such advertising.

Please note that even if you out-out of such Cookies or otherwise opt-out of interest based advertising, you will still receive advertisements, they just won’t be tailored to your interests. Also, if you opt-out and later delete your Cookies, use a different browser, or buy a new computer, you may need to renew your opt-out choices.

Do Not Track. Like most other companies, our Services are not currently configured to respond to browsers’ “Do Not Track” signals because at this time no formal “Do Not Track” standard has been adopted.

Social Media Features. Our Services may use social media features, such as Facebook sharing (“Social Media Features”). These features may collect your IP address and which page you are visiting within our Service, and may set a cookie to enable the feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy statement of the company providing the relevant Social Media Features.

  1. DATA RETENTION AND YOUR ACCESS RIGHTS.

Data Retention. In accordance with and as permitted by applicable law and regulations, we will retain your information as long as necessary to serve you, to maintain your account for as long as your account is active, or as otherwise needed to operate our business. When you close your account, we may continue to communicate with you about our Services, give you important business updates that may affect you, and let you know about products and services that may interest you, unless you have opted out of receiving marketing communications. We may also continue to use some of your information for business purposes and to improve our offerings or in some cases to develop new ones. We will retain and use your information as required by applicable regulations and Proxmax’s records and information management policies to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions and for the detection and prevention of fraud.

Your Access Rights.

If you have created an online account with us and would like to update the Personal Information you have provided to us, you can access your account to view and make changes or corrections to your Personal Information.

  1. SECURITY OF YOUR INFORMATION. Keeping your Information safe is important to us. We provide reasonable and appropriate security measures in connection with securing Personal Information we collect. For example, we:

Constantly work to update our security practices to implement accepted best methods to protect your Personal Information and review our security procedures carefully.

Comply with applicable laws and security standards.

Securely transmit your sensitive Personal Information.

Train our staff and require them to safeguard your data.

Transmit, store, protect, and access all cardholder information in compliance with the Payment Card Industry’s Data Security Standards.

  1. FOR OUR GLOBAL CUSTOMERS. We provide our Services in many different countries. Our global customers can find their country specific Privacy Statement and information about the Proxmax entity responsible for their Personal Information by clicking the links relevant to your country.
  2. INTERNATIONAL DATA TRANSFERS.

In accordance with and as permitted by applicable law and regulations, we reserve the right to transfer your information, process and store it outside your country of residence to wherever we or our third party service providers operate.

HOW TO CONTACT US. If you have questions or comments about this Privacy Statement, please contact us. We want your feedback and comments.

Via Email. If you have questions or complaints regarding our Privacy Statement or practices, please contact us by email at ukprivacy@Proxmax.com.

  1. CHANGES TO OUR PRIVACY STATEMENTS. From time to time we may change or update our Privacy Statements. We reserve the right to make changes or updates at any time. More information about how we will notify you is below.

If we make material changes to the way we process your Personal Information, we will provide you notice via our Service or by other communication channels, such as by email or community post. Please review any changes carefully. If you object to any of the changes and no longer wish to use our Services, you may close your account(s). All changes are effective immediately upon posting and your use of our Service after a notice of material change or posting of an updated Privacy Statement shall constitute your consent to all changes.

  1. COLLECTION AND USE OF CHILDREN’S PERSONAL INFORMATION. We do not knowingly collect information from minors.

Proxmax Services are intended for and directed to adults.  Our Services are not directed to minors and we do not knowingly collect Personal Information from minors.

BACKGROUND:

This website www.proxmax.co.uk (“Our Site”) uses Cookies and similar technologies in order to distinguish you from other users. By using Cookies, We are able to provide you with a better experience and to improve Our Site by better understanding how you use it. Please read this Cookie Policy carefully and ensure that you understand it. Your acceptance of Our Cookie Policy is deemed to occur if you continue using Our Site.If you do not agree to Our Cookie Policy, please stop using Our Site immediately.

  1. Definitions and Interpretation

1.1          In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:

 

“Cookie” means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site;
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”);
“personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by the Data Protection Act 1998 or EU Regulation 2016/679 General Data Protection Regulation (“GDPR”); and
“We/Us/Our” means ProxMax, a limited company registered in England under company number11352752, whose registered address is 19a Carpenters Lane West Kirby, Merseyside, CH48 7EX.

 

  1. Information About Us

2.1          Our Site is owned and operated by ProxMax, a limited company registered in England under company number11352752, whose registered address is19a Carpenters Lane West Kirby, Merseyside, CH48 7EX.

2.2           Our Data Protection Officer is Allan Foulkes, and can be contacted by email at <<insert email address>>, by telephone on <<insert telephone number>>, or by post at <<insert address>>.]

2.3          Our ICO registration number is

 

  1. How Does Our Site Use Cookies?

3.1          Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products AND/OR services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

3.2          By using Our Site, you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third party Cookies are used on Our Site for advertising or the delivery of our Services. For more details, please refer to section 4 below.

3.3          All Cookies used by and on Our Site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:

3.3.1      Strictly Necessary Cookies

A Cookie falls into this category if it is essential to the operation of Our Site, supporting functions such as logging in, your shopping basket, and payment transactions.

3.3.2      Analytics Cookies

It is important for Us to understand how you use Our Site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping Us to improve Our Site and your experience of it.

3.3.3      Functionality Cookies

Functionality Cookies enable Us to provide additional functions to you on Our Site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.

3.3.4      Targeting Cookies

It is important for Us to know when and how often you visit Our Site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make Our Site and advertising more relevant to your interests. Some information gathered by targeting Cookies may also be shared with third parties.

3.3.5      Third Party Cookies

Third party Cookies are not placed by Us; instead, they are placed by third parties that provide services to Us and/or to you. Third party Cookies may be used by advertising services to serve up tailored advertising to you on Our Site, or by third parties providing analytics services to Us (these Cookies will work in the same way as analytics Cookies described above).

3.3.6      Persistent Cookies

Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit Our Site.

3.3.7      Session Cookies

Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit Our Site until you close your browser. Session Cookies are deleted when you close your browser.

3.4          Cookies on Our Site are not permanent and will expire [after <<insert period>>]OR [as indicated in the table below].

3.5          For more details of the personal data that We collect and use, the measures we have in place to protect personal data, your legal rights, and our legal obligations, please refer to our Privacy Policy.

3.6          For more specific details of the Cookies that We use, please refer to the table below.

 

  1. What Cookies Does Our Site Use?

4.1          The following first party Cookies may be placed on your computer or device:

Name of Cookie Purpose & Type Strictly Necessary
<<insert file name>> <<insert user-friendly description>> <<yes / no>>
<<insert file name>> <<insert user-friendly description>> <<yes / no>>
<<insert file name>> <<insert user-friendly description>> <<yes / no>>

 

4.2          The following third party Cookies may be placed on your computer or device:

Name of Cookie Purpose & Type Provider Strictly Necessary
<<insert file name>> <<insert user-friendly description>> <<insert name of provider>> <<yes / no>>
<<insert file name>> <<insert user-friendly description>> <<insert name of provider>> <<yes / no>>
<<insert file name>> <<insert user-friendly description>> <<insert name of provider>> <<yes / no>>

 

4.3          Our Site uses analytics services provided by <<Insert Name of Analytics Service Provider(s)>>. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the [products] AND/OR [services]offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.

4.4          The analytics service(s) used by Our Site use(s) analytics Cookies to gather the required information.

4.5          The analytics service(s) used by Our Site use(s) the following analytics Cookies:

Name of Cookie Purpose & Type Provider Strictly Necessary
<<insert file name>> <<insert user-friendly description>> <<insert name of provider>> <<yes / no>>
<<insert file name>> <<insert user-friendly description>> <<insert name of provider>> <<yes / no>>
<<insert file name>> <<insert user-friendly description>> <<insert name of provider>> <<yes / no>>

 

 

  1. Consent and Control

5.1          Before Cookies are placed on your computer or device, you will be shown a <<insert description of prompt, e.g. pop-up>>requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies[unless those Cookies are strictly necessary]; however certain features of Our Site may not function fully or as intended. [You will be given the opportunity to allow and/or deny different categories of Cookie that We use.] [You can return to your Cookie preferences to review and/or change them at any time by <<insert description>>.]

5.2          In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

5.3          The links below provide instructions on how to control Cookies in all mainstream browsers:

 

  1. Changes to this Cookie Policy

6.1          We may alter this Cookie Policy at any time. Any such changes will become binding on you on your first use of Our Site after the changes have been made. You are therefore advised to check this page from time to time.

6.2          In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

  1. Further Information

7.1          If you would like to know more about how We use Cookies, please contact Us at <<insert email address>>, by telephone on <<insert telephone number>>, or by post at <<insert address>>.

7.2          For more information about privacy, data protection and our terms and conditions, please visit the following:

7.2.1     <<Insert link to Privacy Policy>>;

7.2.2     <<Insert link to Terms and Conditions>>.

What we do with your information

ProxMax is committed to respecting your privacy and any personal information that we obtain from this website will be collected and used in accordance with the Data Protection Act 1998, GDPR 2018 and other applicable UK legislation. The information we collect may be used:

  • For administration purposes by ProxMax only.
  • For research and statistical purposes.
  • We may use the information to customise the website according to your interests.
  • We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

Your rights

You can ask us to confirm, update or remove any personal information that we hold, or express any concerns, about your personal information by emailing us

You also have the right to request a copy of all the personal information we hold about you under the Data Protection Act 1998 and GDPR 2018. To do this, simply write to us at the following address:

The Data Protection Team
ProxMax Ltd
19a Carpenters Lane
West Kirby
Merseyside
CH48 7EX

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

If you believe that any information we are holding on you is incorrect or incomplete, please write to us or email us as soon as possible. We will promptly correct any information found to be incorrect.

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