“Customer Data” means all information about purchasers generated or collected by SoftPoint, SoftPoint, LLC., or you through the Service, including, but not limited to, purchasers’ names, addresses, email addresses, phone numbers, purchaser preferences and tendencies, transaction information, card information, location, and reports and analytics relating thereto.
You shall immediately notify SoftPoint if you become aware of or suspect any unauthorized access to or use of Customer Data or any confidential information of SoftPoint, and shall cooperate with SoftPoint in the investigation of such breach and the mitigation of any damages. You will bear all associated expenses incurred by SoftPoint to comply with applicable laws (including, but not limited to, any data breach laws) or arising from any unauthorized access or acquisition of Customer Data while such data is in your reasonable possession or control. Upon termination or expiration of this Agreement, you shall, as directed by SoftPoint, destroy or return to SoftPoint all the Customer Data in your or any agent of yours possession. Notwithstanding, SoftPoint will provide you with a record of your basic customer transaction information for up to the past year upon your request and in compliance with applicable law.
You grant to SoftPoint and SoftPoint, LLC. a non-exclusive, worldwide, royalty free, paid-up, perpetual, irrevocable, transferable and sub-licensable license and right to use, modify, reproduce, sublicense, publicly display, distribute, broadcast, transmit, stream, publish and publicly perform: (a) your business name, name, image, likeness, logos, trademarks, service marks, domain names, and any audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text, menu items, and any other content provided, specified, recommended, directed, authorized or approved to use by you (collectively, “Merchant IP”); and (b) any third party’s business name, name, image, likeness, logos, trademarks, service marks, domain names, audiovisual recordings, video recordings, audio recordings, photographs, graphics, artwork, text, menu items, and any other content provided, specified, recommended, directed, authorized or approved for use by you (collectively, “Third Party IP”), in each case in connection with the Service in all media or formats now known or hereinafter developed in order to provide and promote the Service, SoftPoint’s business, and your business. (“License”). Any use of the Merchant IP or Third Party IP as contemplated in this Agreement is within SoftPoint’s sole discretion.
We may also share the Merchant IP, Third Party IP, and certain Customer Data with third parties at your direction and to the extent we are legally allowed to share it; however, you agree that such use may be governed by your agreements with those third parties and SoftPoint is not responsible for the use or treatment of such data by such third parties. If you instruct SoftPoint to share such information with third parties, you agree to indemnify, defend, protect and hold SoftPoint and its affiliates harmless from and against any and all third party damages, losses, claims and expenses, including but not limited to governmental penalties and reasonable attorneys’ fees, which may be asserted against or incurred by SoftPoint or any affiliate arising out of or resulting from the sharing, use or ownership of such data.
You agree that you will not upload, submit or post any Merchant IP, Third Party IP or Customer Data to the Service through your Account or any Sub- Account unless you have created, hold a license to, or otherwise have permission to use and have the same transmitted, distributed, disseminated, displayed or performed through the Service, your Account or Sub-Accounts. You acknowledge and agree that any information you transmit through the Sites and Service may be read or intercepted by others, even if such information is encrypted, and that SoftPoint is neither responsible nor liable for any such interception, or for any resulting loss or damage.
You acknowledge that we may collect and analyze information related to your interaction with and the operation of the Service, including, but not limited to, your time spent using the Service, browser types and language, Internet Protocol addresses, device-specific information, including your hardware model, operating system and version, unique device identifiers, mobile network information, information about the location of the device and the locations of our customers in relation to you and the device, the device’s interaction and performance with our Service and customers, peripheral hardware and other Third Party Services. We may also identify other software running in connection with the Service (but will not collect any content from such software) for anti-fraud and malware-prevention purposes (collectively, the “Application Usage Data”). As between you and SoftPoint, SoftPoint owns all right, title and interest in and to any and all Application Usage Data. As such, SoftPoint may use such data for its own legitimate purposes and may share such data with third parties without notice to you.