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TERMS OF SERVICE
(Last Updated February 29, 2016)
Please read carefully before using this service.
• This is a Contract.
These Terms constitute a contract between you and SurfEasy. You may not use the Service if you do not accept these Terms. By using any part of the Service, you accept these Terms. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept these Terms on your behalf and approve your use of the Service.
• The Service may be accessed in a variety of ways.
SurfEasy offers the Service as integrated into certain third party software applications (e.g., as an optional VPN feature in the Web browsers of third parties such as SurfEasy’s affiliates in the Opera group of companies). SurfEasy also offers the Service through SurfEasy’s own mobile software applications which may be pre-installed on or downloaded to your mobile device (each a “VPN App”). Regardless of whether you access the Services as integrated into third party software or through SurfEasy’s own VPN Apps, these Terms apply to your use of the Service.
• Accessing the Service through a VPN App.
If you access the Service through a VPN App, SurfEasy grants you a limited, non-transferable license to use such VPN App on the device on which such software application is installed. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the VPN App (except as, and only to the extent that, any of the foregoing restrictions are prohibited by applicable law or to the limited extent permitted by the licensing terms governing use of any open source components included within the VPN App). You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the VPN App. The VPN Apps and all intellectual property rights therein are the exclusive property of SurfEasy and its suppliers, and all rights in and to the VPN Apps not expressly granted to you in this Agreement are reserved.
• You must not use the Service to violate any applicable laws or anybody’s rights.
You may not use the Service: (a) in a manner that violates any law or regulation; (b) in a manner that infringes or violates any privacy, intellectual property, confidentiality, contractual or other rights; (c) to transmit information that is defamatory, offensive, misleading, false, harmful to minors or obscene; (d) to gain unauthorized access to any service, account, computer system or network; (e) to transmit any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data or personal information; (f) in contravention of any acceptable use or other information technology policy that may apply to your use of any computer system or network; (g) to send unsolicited email communications; or (h) in any other manner that SurfEasy deems in its sole discretion to be inappropriate. You may not use the Service in any manner that could damage, disable, overburden or impair SurfEasy’s systems or networks, or interfere with any other person’s use and enjoyment of them. You may only use the Service for your own personal, non-commercial purposes.
• SurfEasy may contact you regarding the Service.
You expressly agree that as part of the Service you may from time to time receive communications from SurfEasy, including promotional messages or other information about the Service, via for example standard app notifications in a VPN App. You may stop receiving promotional messages by turning off notifications in the system settings. Even if you choose to opt out of receiving promotional messages, you may not opt out of receiving service-related messages.
• SurfEasy may limit, modify or discontinue access to the Service.
SurfEasy reserves the right at any time and from time to time to limit, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SurfEasy shall not be liable to you or to any third party for any limitation, modification, suspension, or discontinuance of the Service. SurfEasy reserves the right to change, limit usage of, charge for continued usage of (of course requiring you to opt in before incurring any charges), and/or discontinue any part of the Service at any point in time.
• Copyright and Trademark and Proprietary Rights
• Copyright in materials and graphical elements on the Services and VPN App including site design, text, code, graphics, interfaces, and the selection and arrangements thereof, are owned by Us or a third party from whom We have licensed such intellectual property. The reproduction and redistribution of any of these written and/or graphical elements is prohibited.
• You acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Except as expressly authorized by Us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content found and/or accessible through the Services.
• You also agree that you will not to use, copy, imitate, or incorporate any copyrighted materials, trademarks, service marks, company names, patents, or product names in a way that is likely to cause confusion in the public. You also agree not to remove, obscure, or alter Our or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.
• The Service is provided without any warranties or guarantees.
THE SERVICE (INCLUDING THE VPN APPS) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SURFEASY, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SURFEASY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SURFEASY DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE MATERIALS MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
• SurfEasy is not liable for any damages you may incur as a result of using the Service.
IN NO EVENT SHALL SURFEASY, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICE, OR FOR ANY CONTENT OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SURFEASY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• This contract is based on Canadian law.
These Terms are governed exclusively by the laws of the Province of Ontario, Canada notwithstanding any principles of conflicts of law. To the extent permitted by applicable law, any claim, dispute or controversy between you and SurfEasy shall be arbitrated and finally resolved, with no right of appeal, even on questions of law, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English. If the foregoing arbitration is not permitted by applicable law or any court with jurisdiction, you irrevocably agree that all claims, disputes or controversies shall be settled exclusively by the courts of the Province of Ontario. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS YOU AND SURFEASY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
• SurfEasy may modify these Terms.
• Notice to rights holders. If you believe that the Service is being used to infringe your rights, you may submit a notification to SurfEasy pursuant to and in accordance with the Copyright Act R.S.C., 1985, c. C-42 to the following address:
488 Wellington Street West
(Last Updated February 29, 2016)
An important part of SurfEasy’s commitment to users of the Service (“you” or “yours”) is respect for your right to privacy. SurfEasy appreciates the opportunity to provide any of its assistance and services to you and strives to the highest level of service excellence. This means keeping your personal information in strict confidence and being open and transparent regarding our use, disclosure, and practices regarding your personal information.
THE TEN PRIVACY PRINCIPLES
Principle 1 – Accountability
Principle 2 – Identifying Purposes
When you become a user of the Service, SurfEasy collects, as consideration for your right to use the Service, your personal information for the following purposes:
• to compile anonymized and/or aggregated statistics on user behavior and location for study by SurfEasy and its customer and/or distribution partners;
• to ensure security, reliability, and quality of Service and to avoid any tampering, damages, and/or misuse of our networks, services or website;
• to provide and improve the ongoing Service;
• to communicate with you;
• to comply with legal requirements;
• to protect you and SurfEasy from error and fraud; and
• for limited marketing purposes.
If you access the Service via SurfEasy’s Opera VPN mobile software application, the following also applies:
Principle 3 – Consent
Principle 4 – Limiting Collection
SurfEasy will only collect personal information needed for it to properly conduct its business and only collect it by fair and lawful means. Information collected about you via the Service may include:
• usage data, like web addresses (but not content of the web pages) and IP address locations;
• a randomly generated identifier used by SurfEasy;
• Device type;
• Browser type;
• Operating system type;
• IP address with date and time; and
• Any other information that you may share with SurfEasy through communications with SurfEasy via email, telephone, and/or any letters. There may be certain other information that SurfEasy may collect in connection with the Service for which SurfEasy will seek your consent prior to doing so.
Principle 5 – Limiting Use, Disclosure, and Retention
SurfEasy is committed to a high standard of confidentiality and privacy. SurfEasy will only use and/or disclose your personal information for the reason(s) it was collected. In general, SurfEasy will not share any of your personal information except for the purpose of fulfilling the Service requested, and may share specific personal information with third party service providers engaged to assist us in providing the Service requested. These service providers are prohibited from using your personal information for any purpose other than to provide this assistance, and they are required to protect all personal information and comply with the general privacy principles described in this Policy. SurfEasy may share, sell, and/or distirbute anonymized aggregated usage data with third parties.
Principle 6 – Accuracy
SurfEasy is committed to maintaining the accuracy of your personal information and ensuring that it is complete and up-to-date. In most cases SurfEasy collects your personal information directly from you. If you discover inaccuracies in SurfEasy’s data, please notify SurfEasy to make the necessary changes.
Principle 7 – Safeguards
Your personal information is secure within SurfEasy, regardless of the format in which it is held, transmitted, or processed. SurfEasy has implemented security controls to protect against unauthorized use, access, alteration, duplication, destruction, disclosure, loss or theft of your personal information. SurfEasy maintains physical, electronic and procedural safeguards to protect your personal information. Examples of safeguards include restricted access to our information processing and storage areas, limited access to relevant information by authorized persons only, use of passwords, firewall technology, encryption of electronically transmitted information, antivirus software and the use of physical security measures, including secure locks on filing cabinets and doors. SurfEasy is also committed to working with you to protect the security of personal information during any transfer to SurfEasy. Additionally, SurfEasy has agreements and controls in place with third party service providers requiring that any information provided to SurfEasy be transmitted and safeguarded with the industry’s highest technological security standards in mind.
The Privacy Officer will conduct periodic reviews of various SurfEasy practices to determine compliance with this Policy. The Privacy Officer will make all recommendations necessary to ensure compliance and determine whether any revisions to this Policy are required in light of new practices, processes, technologies or other changes.
Principle 8 – Openness
SurfEasy will disclose to you this Policy and make information available concerning the policies and practices that apply to the management of your personal information.
Principle 9 – Individual Access
In the course of interacting with SurfEasy, you are welcome to review or verify your personal information. SurfEasy may need specific information from you to enable SurfEasy to search for, and provide you with, the personal information SurfEasy holds about you. Please note that access to your personal information is in accordance with SurfEasy’s retention and access policy.
Principle 10 – Challenging Compliance
Any concerns regarding SurfEasy’s compliance with this Policy can be reported in writing to the SurfEasy Privacy Officer at the address set forth in Principle 1. If you have concerns about how SurfEasy handles your personal information, please note that you may always contact the independent oversight body:
Office of the Privacy Commissioner of Canada
Place de Ville
112 Kent Street
Ottawa, Ontario K1A 1H3