Legal Terms

Legal Terms and Conditions

"Cloud Service" means a BizCom-hosted service or any service that BizCom customers subscribe to that are owned and managed by a third party to which a BizCom customer ("Customer") subscribes or uses at any time.

 

Cloud Service Term Updates & International Availability

At all times, use of the Cloud Services is subject to the then-current Cloud Service Terms. BizCom may make changes to each Cloud Service from time to time. BizCom may terminate a Cloud Service in any country where BizCom is subject to a government regulation, obligation or other requirement that is not generally applicable to businesses operating there. Availability, functionality, and language versions for each Cloud Service may vary by country.

 

Data Retention

At all times during the term of Customer's subscription, and subject to data retention configurations, Customer will have the ability to access and extract Customer Data stored in each Cloud Service. "Customer Data" means all data, including all text, sound, video, or image files, and software, that is provided to BizCom by, or on behalf of, Customer through its use of the Cloud Service.


Except for free trials, BizCom will retain Customer Data stored in the Cloud Service in a limited function account for at least 10 days after expiration or termination of Customer's subscription so that Customer may extract its data. After the10-day retention period ends, BizCom will disable Customer's account and may delete the Customer Data at its discretion.


Third Party Cloud Service(s) may not support retention or extraction of software provided by Customer. BizCom has no liability for the deletion of Customer Data as described in this section.
Use of Software with the Cloud Service


Cloud Services contain software. Use of the software by Customer is subject to the following terms:
BizCom Software License Terms


Customer may install and use the software only for use with the Cloud Service. The Cloud Service may limit the number of copies of the software Customer may use or the number of devices on which Customer may use it. Customer's right to use the software begins when the Cloud Service is activated and ends when Customer's right to use the Cloud Service ends. Customer must uninstall the software when Customer's right to use it ends. BizCom may disable the software at that time.

 

Validation, Automatic Updates, and Collection for Software

BizCom may automatically check the version of any of its software. Devices on which the software is installed may periodically provide information to enable BizCom to verify that the software is properly licensed. This information includes the software version, the end user's account information, product ID information, a machine ID, and the Internet protocol address of the device. If the software is not properly licensed, its functionality will be affected. Customer may only obtain updates or upgrades for the software from BizCom or a BizCom authorized source. By using the software, Customer consents to the transmission of the information described in this section. BizCom may, at its discretion, recommend or download to Customer's devices updates or supplements to this software, with or without notice. Some Cloud Services may require, or may be enhanced by, the installation of local software (e.g., agents, device management applications) ("Apps"). The Apps may collect data about the use and performance of the Apps, which may be transmitted to BizCom and used for the purposes described in this Cloud Service Terms.

 

Third-party Software Components

The software may contain third party software components. Unless otherwise disclosed in that software, BizCom, not the third party, licenses these components to Customer under BizCom's license terms and notices.

Non-BizCom Products

"Non-BizCom Product" means any third-party-branded software, data, service, website or product.
BizCom may make Non-BizCom Products available to Customer through Customer's use of the Cloud Services. If Customer installs or uses any Non-BizCom Product with a Cloud Service, Customer's use of such Non-BizCom Product is subject to third party license terms only and customer may not use such Non-BizCom Product in any way that would subject BizCom's intellectual property or technology to additional obligations. For Customer's convenience, BizCom may include charges for the Non-BizCom Product as part of Customer's bill for Cloud Services. BizCom, however, assumes no responsibility or liability whatsoever for the Non-BizCom Product. Customer is solely responsible for any Non-BizCom Product that it installs or uses with a Cloud Service.

 

Acceptable Use Policy

Neither Customer nor those that access a Cloud Service through Customer may use a Cloud Service:
• To copy or upload files or information unless Customer has a legal right to the files or information;
• To probe, scan, or test the vulnerability of any system, or attempt to circumvent any security or authentication measures;
• To access, tamper with, or use non-public areas of the BizCom Cloud, or attempt to access or search the BizCom Cloud through nonpublic interfaces;
• To attempt to disrupt any user or network by sending a virus, malware, overloading, flooding, spamming, or mail-bombing, or otherwise interfering with the use of other users;
• To send unsolicited communications, promotions or advertisements, or spam;
• To send bulk email, including unsolicited bulk e-mail or unsolicited commercial e-mail;
• To attempt to access another user's account;
• To send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
• To publish anything that is fraudulent, misleading, or infringes another's rights;
• To misrepresent itself or an affiliation with an entity;
• To publish or share materials that are offensive, defamatory, or unlawful;
• In a way that is prohibited by law, regulation, governmental order or decree;
• To violate the rights of others;
• To try to gain unauthorized access to or disrupt any service, device, data, account or network;
• In a way that could harm the Cloud Service or impair anyone else's use of it; or
• In any application or situation where failure of the Cloud Service could lead to death or serious bodily injury, or to severe physical or environmental damage.
Violation of the terms in this section may result in suspension or cancellation of the Cloud Service. BizCom may provide reasonable notice before suspending a Cloud Service.

 

Technical Limitations

Customer must comply with, and shall not work around, any technical limitations in a Cloud Service that restrict a Customer's use of the Cloud Service. Customer may not download or otherwise remove copies of software or source code from a Cloud Service except as explicitly authorized by BizCom.

 

Compliance with Laws

BizCom will comply with all laws and regulations applicable to its provision of the Cloud Services, including security breach notification laws. However, BizCom is not responsible for compliance with any laws or regulations applicable to Customer or Customer's industry. BizCom does not determine whether Customer Data includes information that is subject to any specific law or regulation.


Customer must comply with all laws and regulations applicable to its use of Cloud Services, including, but not limited to, laws related to privacy, data protection and the confidentiality of communications. Customer is responsible for implementing and maintaining privacy protections and security measures for components that Customer provides or controls, and for determining whether the Cloud Services are appropriate for storage and processing of information subject to any specific law or regulation. Customer is responsible for responding to any third party request regarding Customer's use of a Cloud Service, such as a request to take down content under the U.S. Digital Millennium Copyright Act or other applicable laws.

 

Import/Export Services

Customer's use of any tools provided in the Cloud Services that allow for the import or export of data is conditioned upon Customer's compliance with all instructions provided by BizCom or third party Cloud Provider regarding the preparation, treatment and shipment of physical media containing Customer Data ("Storage Media"). Customer is solely responsible for ensuring the Storage Media and Customer Data are provided in compliance with all laws and regulations. BizCom has no duty with respect to the Storage Media and no liability for lost, damaged or destroyed Storage Media.

 

Electronic Notices

BizCom may provide Customer with information and notices about Cloud Services electronically, including via email, through the Cloud Service portal, or through a website specified by BizCom. Notice is considered given as of the date it is made available by BizCom.

 

Privacy and Security Terms

General Privacy and Security Terms
Scope
The terms in this section apply to all BizCom Cloud Services.
Use of Customer Data
Customer Data will only be used to provide Customer with the Cloud Services including any purpose that is compatible with providing those services. BizCom will not use Customer Data or derive information from it for any advertising or similar commercial purpose.
In addition to providing the Cloud Service and day-to-day operations, BizCom may use Customer Data for the following:
• Troubleshooting aimed at preventing, detecting, and repairing problems affecting the operation of Cloud Services;
• Ongoing improvement of features, such as those that improve the reliability of Cloud Services, or involve the detection of, and protection against, threats to the Cloud Services or Customer Data (such as malware or spam);
• Providing personalized customer experiences; and
• Contacting Customer about new products and/or services.
As between the parties, Customer retains all right, title and interest in and to Customer Data. BizCom acquires no rights in Customer Data, other than the rights Customer grants to BizCom for the uses set forth above. This paragraph does not affect BizCom's rights in any software or services BizCom licenses to Customer.
Disclosure of Customer Data
BizCom will not voluntarily disclose Customer Data outside of BizCom or its controlled subsidiaries and affiliates except (1) as Customer directs; (2) as described in these Cloud Service Terms; or (3) as required by law.
BizCom does not disclose Customer Data to law enforcement or third parties. In the event BizCom is required to disclose Customer Data to law enforcement or a third party, BizCom will do so only to the extent necessary.
Notwithstanding the foregoing, BizCom may, at its discretion, provide Customer's basic contact information to a third party.

 

Educational Institutions

If Customer is an educational agency or institution to which regulations under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g ("FERPA") applies, Customer understands that BizCom may possess limited or no contact information for Customer's students and the students' parents. Consequently, Customer will be responsible for obtaining any parental consent for any end user's use of the Cloud Service that may be required by applicable law and to convey notification on behalf of BizCom to the students (or, with respect to a student under 18 years of age and not in attendance at a postsecondary institution, to the student's parent) of any judicial order or lawfully-issued subpoena requiring the disclosure of Customer Data in BizCom's possession as may be required under applicable law.

 

HIPAA Business Associate

BizCom complies with any portions of HIPAA or the HITECH Act that are directly applicable to BizCom. In particular, the BizCom Cloud safeguards data in such a way as to satisfy HIPAA's Security Rule. Customers wishing to establish a Business Associate relationship with BizCom per 45 CFR 164.502(e) and 164.504(e) should request a Business Associate Agreement from BizCom. The Business Associate Agreement defines commitments that BizCom will make to maintain HIPAA and HITECH compliance.

 

Security

BizCom is committed to helping protect the security of Customer information. BizCom has implemented, and will maintain and follow, appropriate technical and organizational measures intended to protect Customer Data against accidental, unauthorized or unlawful access, disclosure, alteration, loss, or destruction.

Security Incident Notification

If BizCom becomes aware of any unlawful access to any Customer Data stored on BizCom's equipment or in BizCom's facilities that results in the loss, disclosure or alteration of Customer Data (each a "Security Incident"), BizCom will promptly (1) notify Customer of the Security Incident; (2) investigate the Security Incident; and (3) take reasonable steps to mitigate the effects of, and minimize any damage resulting from, the Security Incident.
Security Incidents Notification(s) will be delivered to one or more Customer administrator by a means selected by BizCom, including via email. It is Customer's sole responsibility to ensure that its administrators maintain accurate contact information on each applicable Cloud Services portal. BizCom's obligation to report or respond to a Security Incident under this section is not an acknowledgement by BizCom of any fault or liability with respect to a Security Incident.


Customer must notify BizCom promptly of any possible misuse of its accounts or authentication credentials or any security incident related to a Cloud Service.

 

Location of Data Processing

Except as described elsewhere in the Cloud Service Terms, Customer Data that BizCom processes on Customer's behalf may be transferred to, and stored and processed in, the United States or any other country in which BizCom or its affiliates or subcontractors maintain facilities. Customer appoints BizCom to perform any such transfer of Customer Data to any such country and to store and process Customer Data in order to provide the Cloud Services.

 

Preview Releases

BizCom may offer preview, beta or other pre-release features, data center locations, and services ("Previews") for optional evaluation. Previews may employ lesser or different privacy and security measures than those typically present in the Cloud Services.

 

Use of Subcontractors

BizCom may hire subcontractors to provide services on its behalf. Any such subcontractor will be permitted to obtain Customer Data only to deliver the services BizCom has retained them to provide and will be prohibited from using Customer Data for any other purpose. BizCom remains responsible for its subcontractors' compliance with BizCom's obligations in the Cloud Service Terms. Customer consents to BizCom's transfer of Customer Data to subcontractors

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Data Processing

Location of Customer Data at Rest
BizCom will store Customer Data at rest within secure data centers through third party cloud providers in the United States, Canada, and Europe.


BizCom does not control or limit the regions from which Customer or Customer's end users may access or move Customer Data.

 

Privacy

• Customer Data Deletion or Return. BizCom aims to maintain its Cloud Services in a manner that protects information from accidental or malicious destruction. BizCom is not obligated to immediately delete residual copies from its active servers and may not remove information from its backup systems.
• BizCom Personnel. BizCom personnel are granted access to confidential information only when necessary under management oversight. BizCom personnel will use Customer Data only for purposes compatible with providing Customer the Cloud Services, which can include customer support and troubleshooting the Cloud Service and are obligated to maintain the security and confidentiality of any Customer Data. This obligation continues even after the end of a Customer's use of the Cloud Services.
• Subcontractor Transfer. BizCom may hire subcontractors to provide certain limited or ancillary services on its behalf. Any subcontractors to whom BizCom transfers Customer Data, even those used for storage purposes, will have entered into written confidentiality agreements with BizCom. Customer has previously consented to BizCom's transfer of Customer Data to subcontractors as described in the Cloud Service Terms.

 

Security

• General Practices. For its Cloud Services, BizCom has implemented and complies with the following security measures:
Domain Practices
Organization of Information Security Security Ownership. BizCom has appointed one or more managers responsible for coordinating and monitoring the security rules and procedures.
Security Roles and Responsibilities. BizCom personnel with access to Customer Data are subject to confidentiality obligations.

 

Asset Management

• BizCom treats all Customer Data as confidential in order to appropriately restrict access to it.
• BizCom imposes restrictions on printing Customer Data.
Human Resources Security BizCom informs its personnel of relevant security procedures and their respective roles. BizCom also informs its personnel of possible consequences of breaching the security rules and procedures.

 

Physical and Environmental Security Physical Access to Facilities.

BizCom limits access to facilities where information systems that process Customer Data are located to identified authorized individuals.
Protection from Disruptions. BizCom uses a variety of industry standard systems to protect against loss of data due to power supply failure or line interference.
Component Disposal. BizCom uses industry standard processes to delete Customer Data.
Communications and Operations Management Operational Policy. BizCom maintains security documents describing its security measures and the relevant procedures and responsibilities of its personnel who have access to Customer Data.

 

Data Recovery Procedures.

• BizCom has specific procedures in place that govern access to Customer Data.
• BizCom reviews its data recovery procedures at least every twelve months.
• BizCom logs data restoration efforts, including the person responsible, the description of the restored data and, where applicable, what data (if any) had to be input manually in the data recovery process.
Malicious Software. BizCom has anti-malware controls to help prevent malicious software from gaining unauthorized access to Customer Data, including malicious software that originates from public networks.
Data Beyond Boundaries. BizCom encrypts, or enables Customers to encrypt, Customer Data that is transmitted over public networks.

 

Event Logging.

BizCom logs, or enables Customers to log, access and use of information systems containing Customer Data, registering the access ID, time, authorization granted or denied, and relevant activity.
Access Control Access Policy. BizCom maintains a record of security privileges of individuals having access to Customer Data.

 

Access Authorization.

• BizCom maintains and updates a record of the personnel authorized to access BizCom systems that contain Customer Data.
• BizCom deactivates authentication credentials that have not been used for a period of time.
• BizCom identifies those personnel who may grant, alter or cancel authorized access to Customer Data and resources.
• BizCom ensures that, where more than one individual has access to systems containing Customer Data, the individuals have separate identifiers/log-ins.
Least Privilege. BizCom restricts access to Customer Data to only individuals who require such access to perform their job function.

 

Integrity and Confidentiality.

• BizCom instructs BizCom personnel to disable administrative sessions when leaving premises BizCom controls or when computers are otherwise left unattended.
• BizCom stores passwords in a way that makes them unintelligible while they are in force.
Authentication.
• BizCom uses industry standard practices to identify and authenticate users who attempt to access information systems.
• Where authentication mechanisms are based on passwords, BizCom requires that the passwords be renewed regularly.
• Where authentication mechanisms are based on passwords, BizCom sets rules requiring password complexity.
• BizCom ensures that deactivated or expired identifiers are not granted to other individuals.
• BizCom monitors, or enables Customer to monitor, repeated attempts to gain access to the information system using an invalid password.
• BizCom maintains industry standard procedures to deactivate passwords that have been corrupted or inadvertently disclosed.
• BizCom uses industry standard password protection practices, including practices designed to maintain the confidentiality and integrity of passwords when they are assigned and distributed, and during storage.
Business Continuity Management • BizCom's redundant storage and its procedures for recovering data are designed to attempt to reconstruct Customer Data in its original or last-replicated state from before the time it was lost or destroyed.

 

Cloud Services Information Security Policy

The following services are certified as follows:


Cloud Service  Audit Type
 Microsoft Office 365
 SOC2 Type II
 Microsoft Azure
 SOC2 Type II
 IBM Cloud
 SOC2 Type II
 Acronis Backup Cloud
 SOC2 Type II
 Datamotion Encryption
 SOC2 Type II
 Edgewave ThreatTest
 SOC2 Type II
 Edgewave Email Security
 SOC2 Type II
 Sonian Archiving
 SOC2 Type II


Subject to non-disclosure obligations, BizCom will make product specific security overviews available to Customer.
Customer is solely responsible for reviewing each Security Overview and making an independent determination as to whether it meets Customer's needs.

 

BizCom Review of Cloud Services

BizCom will review the security of the computers, computing environment and physical data centers that it uses in processing Customer Data (including personal data) as follows:
• Where a standard or framework provides for audits or reviews, a review of such control standard or framework will be initiated at least annually for each Cloud Service.
• Each review will be performed according to the standards and rules of the regulatory or accreditation body for each applicable control standard or framework.


BizCom will promptly remediate issues raised in any BizCom review.

Revised January 2019

 

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