PLEASE READ BEFORE USING THE ROOTS AUTOMATION, INC. (THE “COMPANY”) SERVICES YOU HAVE LICENSED. BY USING THE SERVICES, YOU AND THE ENTITY OR COMPANY THAT YOU REPRESENT (TOGETHER, "CUSTOMER") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THESE TERMS OF SERVICE (THE “TERMS”). IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, USE OF THE SERVICES IS STRICTLY PROHIBITED. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS AND CONDITIONS.
1. SERVICES.
Subject to all terms and conditions of these Terms and Customer’s compliance therewith, Company hereby grants Customer a limited, personal, non-sublicensable, non-transferable, royalty-free, nonexclusive license to access and use the Company’s Iris Software-as-a-Service platform (the “Services”) at https://iris.rootsautomation.com/ , which may include the Company’s website(s) and platform together with all related information, tools, data, APIs, content and documentation solely for (i) Customer’s internal business purposes and (ii) other purposes separately authorized by Company in writing. The Services are subject to the specific terms set forth on an order form (an “Order Form”) and are subject to modification from time to time at Company’s sole discretion for any purpose deemed appropriate by Company. Company will use reasonable efforts to give Customer prior notice of any modification that will materially diminish features or functionalities of the Services.
Subject to all terms and conditions of these Terms and Customer’s compliance therewith, Company make the Services available to Customer in accordance with the support and availability guarantees set forth on the Order Form (if any). Notwithstanding the foregoing, Company may suspend Customer’s access to the Services (i) for scheduled or emergency maintenance or (ii) in the event Customer is in material breach of these Terms, including failure to pay any amounts due to Company. Company will use commercially reasonable efforts to provide notice to Customer prior to any scheduled maintenance.
2. CUSTOMER DATA.
The parties acknowledge that certain information is to be provided by Customer (“Customer Data”). Company will not be liable for any failure to perform Services that is caused by Customer’s delay in or failure to provide Customer Data. Customer grants Company a world-wide, non-exclusive, royalty-free license during the Service Term to use and distribute Customer Data for the purpose of fulfilling Company’s obligations hereunder these Terms. Customer warrants that it owns the Customer Data and/or is otherwise entitled to grant the foregoing license. If these Terms are terminated, the foregoing license will automatically terminate in respect of any future Customer Data, but not in respect of any Customer Data already provided.
Customer shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data, including provision of necessary information about the processing of Customer Data under these Terms to data subjects if necessary. Customer shall indemnify Company for any claim that the Customer Data (i) infringes or violates the intellectual property or other rights of a third party or (ii) violates applicable law. Additionally, Company may use aggregated and de-identified Customer Data solely for the internal purpose of improving the Services. Customer represents and warrants that it owns all right, title and interest in and to the Customer Data.
3. RESTRICTIONS.
Customer will not, and will not permit any third party to: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software, documentation or data related to the Services (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law); modify, translate, or create derivative works based on the Services; use the Services for timesharing or service bureau purposes or for any purpose other than its own use for the benefit of its end users and customers; or use the Services other than in accordance with these Terms and in compliance with all applicable laws and regulations (including but not limited to any European privacy laws), intellectual property, consumer and child protection, obscenity, or defamation). Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance, and local telephone service (collectively, “Equipment”).
4. CUSTOMER RESPONSIBILITIES
Customer shall be responsible for ensuring that such Equipment is compatible with the Services and complies with all configurations and specifications set forth in Company’s published policies then in effect. Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent. Additionally, Customer agrees to be bound by any end-user software agreements that govern the installation and use of such Equipment. Customer will cooperate with Company in connection with the performance of these Terms by making available such personnel and information as may be reasonably required and taking such other actions as Company may reasonably request. Customer will also cooperate with Company in establishing a password or other procedures for verifying that only designated employees of Customer have access to any administrative functions of the Services. Customer will be responsible for maintaining the security of Customer’s account passwords (including but not limited to administrative and user passwords), and for all uses of Customer’s account with or without Customer’s knowledge or consent.
5. CONFIDENTIAL INFORMATION
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after three years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required by law. In any event, Company may use for development, diagnostic and corrective purposes any data and information it collects relating to the Services.
Both Parties will have the right to disclose the existence but not the terms and conditions of these Terms, unless such disclosure is approved in writing by both Parties prior to such disclosure, or is included in a filing required to be made by a Party with a governmental authority (provided such party will use reasonable efforts to obtain confidential treatment or a protective order) or is made on a confidential basis as reasonably necessary to potential investors or acquirers. Customer acknowledges that Company does not wish to receive any Proprietary Information from Customer that is not necessary for Company to perform its obligations under these Terms, and, unless the parties specifically agree otherwise, Company may reasonably presume that any unrelated information received from Customer is not confidential or Proprietary Information.
6. PRIVACY POLICY
Customer’s use of the Services is subject to the Iris Privacy Policy. Please review our Privacy Policy (https://www.rootsautomation.com/iris/iris-privacy-policy) which also governs the Services and informs Customers of our data collection practices.
7. DATA PROCESSING
(a) For the purposes of section and Data Processing Schedule, "controller", "processor", "personal data", "process/processing", "sub-processor" "technical and organizational measures" and "supervisory authority/authority" shall have the meaning as set out in the applicable Data Protection Laws or (where specifically defined therein);
(b) Each party shall comply with its obligations under applicable Data Protection Laws and, to the extent applicable under the Data Protection Laws, obtain and maintain all appropriate registrations required in order to allow that party to perform its obligations under these Terms.
(c) Where the Company is deemed to be acting as a processor for the Customer with respect to Personal Data shared in relation to these Terms under applicable Data Protection Laws, the Data Processing Schedule shall apply to such processing.
(d) Where a party is deemed to be acting as a controller with respect to personal data processed under or in relation to these Terms, under applicable Data Protection Laws, this section shall apply, and each party shall, in its capacity as a controller:
i.provide assistance to allow the other party to comply with any data subject requests (whether in relation to access to Customer personal data, rectification, restrictions on processing, erasure or portability) insofar as possible; ii. provide assistance to allow the other party to comply with any other queries or complaints from a supervisory authority (as defined in Data Protection Laws) insofar as possible; promptly notify the other party of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed pursuant to these Terms ("Security Incident"); and iii. provide reasonably necessary assistance to enable the other party to notify insofar as possible: (i) the relevant supervisory authority, promptly and in any event no later than 72 hours after relevant data controller becomes aware of a Security Incident; and (ii) the relevant data subjects without undue delay (where required) of a Security Incident.
(e) If in the Company's reasonable opinion, the relevant data protection provisions of these Terms need to be amended in order to comply with the Company's obligations; or pursuant to any supervisory authority opinion or guidance, the Company shall be entitled to unilaterally amend this section and the Data Processing Schedule upon giving 30 days' notice to the Customer.
(f) As used herein, "Data Protection Laws" means all privacy laws applicable to any personal data processed under or in connection with these Terms, including, without limitation, the General Data Protection Regulation 2016/679 (the "GDPR")), the Privacy and Electronic Communications Directive 2002/58/EC (as the same may be superseded by the Regulation on Privacy and Electronic Communications ("ePrivacy Regulation")) and all national legislation implementing or supplementing the foregoing and all associated codes of practice and other guidance issued by any applicable data protection authority, all as amended, re-enacted and/or replaced and in force from time to time.
8. INTELLECTUAL PROPERTY
Except as expressly set forth herein, Company alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Services or any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by Customer or any third party relating to the Services, which are hereby assigned to Company. Customer will not copy, distribute, reproduce, or use any of the foregoing except as expressly permitted under these Terms. These Terms is not a sale and does not convey to Customer any rights of ownership in or related to the Services, or any intellectual property rights. Company shall hold Customer and its respective officers, directors, employees, agents harmless from liability to unaffiliated third parties resulting from infringement by the Services of any United States patent or any copyright or misappropriation of any trade secret. The foregoing obligations do not apply with respect to portions or components of the Services (i) not created by Company including Customer Data, (ii) resulting in whole or in part in accordance from Customer specifications, (iii) that are materially modified after delivery by Company, (iv) combined with other commercially unforeseen products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of is not strictly in accordance with these Terms. Company’s indemnification obligations under this Section are contingent on Customer providing Company: (i) prompt written notice of the claim; (ii) the unconditioned right to control the defense and settlement of such claim; and (iii) reasonable cooperation in the defense of such claim, at Company’s expense.
Customer may submit questions, comments, suggestions, ideas, original or creative materials or other information about the Company or the Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of the Company. Company shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to Customer.
9. PAYMENT OF FEES.
(a) Payment Terms. Customer will pay Company the then applicable fees for the Services (the “Subscription Fee”) in accordance with the payment method set forth on the Order Form. The billing period is from the first day to the last day of each calendar month, on a per form basis as set forth in the Order Form. Unpaid Fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company’s net income. If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s Customer Support at supporttickets@rootsautomation.com.
(b) Payment Processor. Customer hereby authorizes our third-party payment processor, Stripe, Inc. (“Payment Processor”) to charge and process the fees and charges assessed in connection with the Services. Company may ask Customer to supply information relevant to processing the payments for the Services including credit card number, the expiration date of credit card, and email and mailing addresses for billing and notification (such information, “Payment Information”). While Company take reasonable efforts to ensure secure transmission of Customer information to third parties who assess and process payments, Company is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, Customer’s mistaken submission of payment information, or Customer’s submission of erroneous payment information. Customer agrees to be bound by Payment Processor’s terms of service at https://stripe.com/ssa. The Payment Processor is responsible for transacting such payments through its platform, and Customer agrees to release and hold Company harmless from any errors, negligence, or misconduct by the Payment Processor. Customer authorizes Payment Processor to directly remit to Company any applicable fees owed due pursuant to these Terms.
10. FREE TRIALS.
Customer may request a free trial to evaluate the Services, which shall be governed by these Terms ("Free Trial"). During the Free Trial, the Customer may make such use of the Services as designated by Company in order to evaluate it for future use in its business, but not for any other purpose (including for business and/or commercial use). Company reserves the right to suspend, limit or extend a Free Trial at any time in its sole discretion. On expiry of the Free Trial, access to the Services will be subject to the payment terms set forth in the Order Form. Only one Free Trial per Customer is allowed and subsequent Free Trial requests may be rejected by the Company.
11. TERM; TERMINATION.
The Services are provided for the period set forth on the applicable Order Form. On expiration of the Initial Term or any Renewal Term, be automatically renewed for a further term of one (1) year (each a “Renewal Term”) unless either Party gives notice of termination. Each renewal term is subject to a price increase, unless otherwise stated in the applicable Order Form.
An Order Form may be terminated (i) by providing thirty (30) days’ notice to the other Party, (ii)for a material breach of the Agreement by the other Party, if such breach is curable and such other Party has not cured the breach within 30 days of receiving notice that it is in breach; (iii) immediately, upon notice, if the other Party (a) is adjudged insolvent or bankrupt, (b) has instituted against it, and not dismissed within 30 days after filing, or institutes any proceeding seeking relief, reorganization or arrangement under any laws relating to insolvency, (c) makes any assignment for the benefit of creditors, (d) appoints a receiver, liquidator or trustee of any of its property or assets, or (e) liquidates, dissolves or winds up its business, or (iv) immediately if any change occurs in any applicable laws or regulations that would, in that Party’s reasonable opinion, render the Party’s performance hereunder illegal or otherwise subject to legal challenge.
Upon termination of an Order Form for any reason: (a) all licenses granted under these Terms shall immediately terminate; (b) Customer shall return and make no further use of, or access, the Services, documentation and other items (and all copies of them) belonging to the Company (if any); (c) all amounts payable to Company by Customer shall become immediately due and owing; and (d) the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability shall not be affected or prejudiced. All subscription fees are non-refundable. In the event of termination prior to end of the term stated in the Order Form, Customer will not be entitled to a prorated refund of the Annual Subscription Fee.
12. WARRANTY DISCLAIMER.
COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
13. INDEMNITIES.
Customer hereby indemnifies Company from and against any and all losses, damages, claims, costs and expenses (including reasonable external legal expenses) suffered or incurred by or awarded against the Company as a result of, or in connection with, any Customer Data or the Company's receipt, possession and/or use, in accordance with these Terms, of any Customer Data.
Company will indemnify Customer from and against any and all losses, damages, claims, costs and expenses (including reasonable external legal expenses) suffered or incurred by or awarded against the Customer as a result of any claim against the Customer by a third party that Customer’s use of the Services infringes the intellectual property rights of any person (save to the extent caused by the Customer Data).
14. LIMITATION OF LIABILITY.
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS OR OTHERWISE ARISING FROM THESE TERMS, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL LIABILITY OF COMPANY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE THE FEES PAID TO COMPANY HEREUNDER IN THE SIX (6) MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
15. CLASS ACTION WAIVER.
Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
16. ENTIRE AGREEMENT.
Unless otherwise specified herein, these Terms constitute the entire agreement between Company and Customer with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Company and Customer.
17. CHANGES TO TERMS.
Company reserves the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. Company may modify or amend these Terms by giving Customer reasonable notice. By continuing to use the Services after expiry of the notice period or accepting the amended Terms (as Company may decide in its sole discretion), Customer will be deemed to have accepted any amendment to these Terms.
18. RELATIONSHIP BETWEEN THE PARTIES.
The parties are independent contractors and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Each Party has sole responsibility for its activities and its personnel and shall have no authority and shall not represent to any third party that it has the authority to bind or otherwise obligate the other party in any manner.
19. SEVERABILITY.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
20. FORCE MAJEURE.
Neither party shall have any liability or be deemed to be in breach of these Terms for any delays or failures in performance of these Terms which result from circumstances beyond the reasonable control of that party including, without limitation, any of the following: power failure, act of God, governmental act, war, fire, flood, explosion, or civil commotion. The party affected by such circumstances shall promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If an event of force majeure occurs and lasts for more than 90 days either party may give written notice to the other to terminate these Terms and neither party will have any liability to the other except that Customer will remain liable for any unpaid Fees for services already rendered.
21. EXPORT CONTROLS.
The Services originate in the United States and are subject to United States export laws and regulations. The Services may not be exported or re-exported by Customer to certain countries, or those persons or entities prohibited from receiving exports from the United States. In addition, the Services may be subject to the import and export laws of other countries. Customer agrees to comply with all United States and foreign laws related to use of the Services.
22. U.S. GOVERNMENT MATTERS.
The Services are subject to the trade laws and regulations of the United States and other countries, including the Export Administration Regulations (EAR, 15 CFR Part 730 et seq.) and the sanctions programs administered by the Office of Foreign Assets Control (OFAC, 31 CFR Part 500). Customer will not import, export, re-export, transfer or otherwise use the Services in violation of these laws and regulations, including by engaging in any unauthorized dealing involving (i) a U.S. embargoed country, (ii) a party included on any restricted person list, such as the OFAC Specially Designated Nationals List, or the Commerce Department’s Denied Persons List or Entity List, or (iii) the design, development, manufacture, or production of nuclear, missile, or chemical or biological weapons. By using the Services, Customer represents and warrants that Customer is not located in any such country or on any such list. Customer will not engage in activity that would cause Company to be violation of these laws and regulations, and will indemnify Company for any fines, penalties or other liabilities incurred by Company for Customer’s failure to comply with this provision.
23. ELECTRONIC COMMUNICATIONS.
Customer hereby consents to receive electronic communications from Company and Customer agrees that all agreements, notices, disclosures, and other communications that Company provides to Customer electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.
24. GOVERNING LAW.
These Terms are governed by the laws of the state of New York, without regard to its conflict of laws principles. Both parties submit to the exclusive jurisdiction of the courts located in New York County, New York in relation to any dispute arising out of or in connection with these Terms or its subject matter, but the Company is also entitled to apply to any court worldwide for injunctive or other remedies in order to protect or enforce its Intellectual Property Rights.
25. MISCELLANEOUS.
Customer shall not, without the prior written consent of Company, assign any of its rights or obligations under these Terms. These Terms may not be modified except in writing signed by the authorized representatives of all the parties to these Terms. Neither party shall make or issue any announcement or public circular relating to the subject matter of these Terms without the prior written approval of the other. Neither party shall, at any time during the Term and thereafter, make any public statements or representations, which may disparage the other party or otherwise adversely affect the other party’s reputation. Company may use the name of Customer and its logo as a factual reference to the fact that Customer is or was a customer, on its website and in pitch materials, without the prior written consent of Customer. Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Terms or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms.
CONTACT US
If you have questions, comments, or concerns regarding these Terms & Conditions, please contact us and we will respond to your request within a reasonable timeframe. Please include the following information in your request (a) Your name; (b) Your contact information, including phone number and email address; and (c) The precise nature of your request, inquiry, or complaint. You may contact us at
By website: www.rootsautomation.com
By Email: info@rootsautomation.com
By Mail:
Roots Automation
World Trade Center 3
Floor 38, 175 Greenwich St
NY 10007
Last Updated: September 1, 2022
This website is operated by Roots Automation, Inc. (hereinafter, “Roots Automation”, “We”, or “Us”). This Privacy Policy (the “Privacy Policy”) governs your access to the Roots Automation website https://rootsautomation.com/, and any other web services owned, controlled, or offered by Roots Automation now or in the future (all collectively referred to as, the "Services"). The term “You” or “User” shall refer to any individual that views, uses, accesses, browses or submits any content or material to the Services.
Since we may gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This Privacy Policy discloses what information we gather and how we use it. The private information you provide on the Services will be used only for its intended purpose.
BY VISITING, SIGNING UP, USING, BROWSING, OR ACCESING THE SERVICES, YOU CONSENT TO THE DATA PRACTICES DESCRIBED IN THIS STATEMENT. IF YOU DO NOT AGREE WITH OUR PRIVACY PRACTICES, DO NOT USE THE SERVICES.
INFORMATION WE COLLECT
We may collect information, including: Personal Information and Non-Personal Information, when you interact with us and the Services, for example when you:
Access or use the Services;
Open or respond to our e-mails;
Contact customer service;
Visit any page online that displays our ads or content;
Make a purchase on or through the Services (if applicable);
PERSONAL INFORMATION
“Personal Information” means information about you that specifically identifies you or, when combined with other information we have, can be used to identify you. As a general rule, we do not collect Personal Information about you when you visit and/or use the Services, unless you choose to provide such information to us. Submitting Personal Information through the Services is voluntary. By doing so, you are giving us your permission to use the information for the stated purpose.
LEGAL BASIS FOR COLLECTING YOUR PERSONAL INFORMATION
We collect, process and use your Personal Information for the purposes described in this Privacy Policy, based at least on one of the following legal grounds: With your consent: We ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time. When Performing this Agreement: We collect and process your Personal Information in order to provide you with the Services, following your acceptance of this Privacy Policy; to maintain and improve our Services; to develop new services and features for our Users; and to personalize the Services in order for you to get a better user experience. Legitimate interests: We process your information for our legitimate interests while applying appropriate safeguards that protect your privacy. This means that we process your information for things like detecting, preventing, or otherwise addressing fraud, abuse, security, usability, functionality or technical issues with, protecting against harm to the rights, property or safety of our properties, or our users, or the public as required or permitted by law; enforcing legal claims, including investigation of potential violations of this Privacy Policy; in order to comply and/or fulfill our obligation under applicable laws, regulation, guidelines, industry standards and contractual requirements, legal process, subpoena or governmental request, as well as our Terms and our billing process.
INFORMATION WE COLLECT AND HOW WE COLLECT INFORMATION
Through the Services, we may collect information that can identify you when you voluntarily submit it to us. Your Personal Information may include:
Full Name;
Address;
Email address;
Phone number;
Other similar information
STORAGE OF PERSONAL INFORMATION
We will take reasonable precautions, as well as physical, technical, and organizational measures in accordance with industry standards, as described herein, to protect your Personal Information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. Computer safeguards, such as firewalls and data encryption may be used to protect your information. We authorize access to your information only for those employees or agents who require it to fulfill their job responsibilities and these individuals are required to treat this information as confidential.However, the security of information on or transmitted via the Internet cannot be guaranteed. Unauthorized entry of use, hardware or software failures, and other factors may compromise the security of your Personal Information. All information you send to us electronically or through email is not secure. Any transmission is at your own risk as the transmission of information via the Internet is not completely secure.
NON-PERSONAL INFORMATION
We collect and temporarily store certain information about your usage of the Services. Non-Personal Information means information that alone cannot identify you, including data such as cookies, pixel tags, web beacons and device information. The information includes, without limitation:Device Data: We may collect information such as: the type of computer and/or mobile device you use; the unique device ID of your computer and/or mobile device; the IP address of your computer and/or mobile device; the operating system of your computer and/or mobile device; and the type of mobile internet browsers of your computer and/or mobile device. Usage details: When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the App. Location information: When you first visit or use the Services we may request permission to collect and use your device’s precise geolocation. You can opt not to permit the collection of this information, but you may not be able to use the Services provided by Roots Automation without access to your location. We need your location information in order to provide our Services. You can control how and whether we collect your precise geolocation information through your device’s settings. We may use information that has been de-identified and/or aggregated to better understand who uses our Services and how we can deliver a better experience, or otherwise at our discretion.If you do not want us to collect this information, you may either change your device’s privacy settings or DO NOT ACCESS OR USE THE SERVICES.
INFORMATION COLLECTION TECHNOLOGIES
The technologies we use for automatic information collection may include:Cookies (or mobile cookies): We may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. The purpose of a cookie is to tell the web server that you have returned to a specific page. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Services.
Retargeting/Advertising Cookies: Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. Web Beacons: The Services and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related Services statistics. Social Ad Platforms: We may also use Google Analytics, Facebook, Instagram, and Twitter’s functionality of re-marketing through their tracking cookies and pixel-based retargeting services. This means that if you provided your consent to Google, Facebook, Instagram or Twitter (the “Social Ad Platforms”) to be provided with personalized commercial offers, you may be served with ads (including advertisements of third parties) based on your access to the Services, outside of the Services and across the internet. In such event, the Social Ad Platforms, will place cookies on your web browser and use such cookies to serve you ads based on past visits to our Services.Please visit the Social Ad Platforms Privacy policy to find out how they use such information:
Google: https://policies.google.com/technologies/ads
Facebook: https://www.facebook.com/about/privacy/
Instagram: https://help.instagram.com/478880589321969/
Twitter: https://business.twitter.com/en/help/ads-policies/other-policy-requirements/policies-for-conversion-tracking-and-tailored-audiences.html
Mobile Device Identifiers. Mobile device identifiers help Roots Automation learn more about our users’ demographics and internet behaviors. Mobile device identifiers are data stored on mobile devices that may track mobile device and data and activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of Personal Information (such as media access control, address and location, and tracking data, including without limitation IP address, domain server, type of device(s) used to access the Services, web browser(s) used to access the Services, referring webpage or other source through which you accessed the Services, other statistics and information associated with the interaction between your browser or device and the Services).
Cross Device Matching. To determine if users have interacted with content across multiple devices and to match such devices, we may work with partners who analyze device activity data and/or rely on your information (including demographic, geographic and interest-based data). To supplement this analysis, we may also provide de-identified data to these partners. Based on this data, we may then display targeted advertisements across devices that we believe are associated or use this data to further analyze usage of Services across devices.
CHANGING YOUR DATA COLLECTION SETTINGS
We strive to provide you with choices regarding the Personal Information you provide to us. You may need to adjust the settings on your computer and/or device to restrict the collection of information by the Services, but this may prevent you from accessing all of the features of the Services.Tracking Technologies: You may be able to set your browser or device to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Services may then be inaccessible or not function properly. Location Information: You can choose whether or not to allow the Services to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts or all of the Services may be inaccessible or not function properly. Social Ad Platforms: If you wish to opt-out of re-targeting and tracking functionality of the Social Ad Platforms, you may do so through each platform directly. PLEASE NOTE that these tracking and targeting by Social Ad Platforms, is provided pursuant to your engagement with the Social Ad Platforms and the actual nature and scope of Personal Information collection and processing performed by such Social Ad Platforms may not be fully known to us. If you would like to learn more or make further inquiries with respect to such nature or scope, please refer to each Social Ad Platforms directly. You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You may also be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. You can also delete all Cookies that are already on your computer. Although you are not required to accept Roots Automation’s Cookies, if you block, reject, or delete them, you may have to manually adjust some preferences every time you visit a site and some of the Services and functionalities may not work.To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.In addition, if you wish not to receive ads from us based on information we obtain from use of cookies and pixel tags, please send us an e-mail to techsupport@rootsautomation.com and we will respond within a reasonable timeframe and in accordance with applicable laws.
THIRD-PARTY AUTOMATIC INFORMATION COLLECTION
When you use the Services or its contents, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
Advertisers, ad networks and ad servers;
Analytics companies;
Your mobile device manufacturer;
Your mobile service provider; and/or
Your Internet provider.
These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect maybe associated with your Personal Information or they may collect information about your online activities over time and across different websites, mobile applications and other online sites. They may use the information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.HOW WE USE YOUR INFORMATIONWe use information collected as described in this Privacy Policy for the following:Operation
Operate, maintain and improve the Services; Provide you with the Services and its contents, and any other information, products or services that you request from us; Send you reminders, technical notices, updates, security alerts, support and administrative messages and marketing messages; Request customer feedback; Answer your questions and respond to your requests; Ensure that content from our Services is presented in the most effective manner for you and for your computer or device for accessing the Services; Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including the Terms and Conditions; and Notify you when there are changes to any services we offer or provide though the Services. Usage and Analytics; Estimate our audience size and usage patterns; Perform analytics and conduct customer research; Analyze advertising effectiveness; and Communicate and provide additional information that may be of interest to you about us and our business partners. Location: We will use location data for the following reasons:
To provide our Services targeted to your geographical area;
To display information that is relevant to your particular location.
HOW WE DISCLOSE YOUR PERSONAL INFORMATION
The Personal Information you provide to us whether voluntarily or automatically, may be used and disclosed without limitations, in the following instances:With vendors who provide services for us (who are required to protect the Personal Information);
To report or collect on debts owed to us; To a prospective buyer or buyer of Roots Automation, or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all our assets; As part of bankruptcy, liquidation or similar proceeding; To comply with legal requirements for the enforcement of law, regulations, court orders, subpoena, a warrant during the course of a legal proceedings or otherwise; To protect and safeguard our copyright, trademarks, legal rights, intellectual property rights or safety; or In response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States.
HOW WE DISCLOSE YOUR NON-PERSONAL INFORMATION
We may also disclose Non-Personal Information:For the same reasons, we might share Personal Information; With our advertisers for their own analysis and research; To facilitate targeted content and ads; or With Third-Party Ad Servers to place our ads on the Services and on third-party websites or mobile applications.
HOW TO ACCESS, UPDATE, WITHDRAW CONSENT OR DELETE YOUR INFORMATION
If the laws applicable to you grant you such rights, you may ask to access, correct, or delete your Personal Information that is stored in our systems or that we otherwise control. You may also ask for our confirmation as to whether or not we process your Personal Information or ask to withdraw any consent you have previously provided to Roots Automation in connection with our use and processing of your Personal Information. Subject to the limitations in law, you may request that we update, correct, or delete inaccurate or outdated information. You may also request that we suspend the use of any Personal Information the accuracy of which you contest while we verify the status of that data.If you wish to exercise any of these rights or withdraw your consent, please contact us at: info@rootsautomation.com. When handling these requests, we may ask for additional information to confirm your identity and your request. Please note, upon request to delete your Personal Information, we may retain such data in whole or in part to comply with any applicable rule or regulation and/or response or defend against legal proceedings versus us or our affiliates, or as we are otherwise permitted under such law applicable to you. While we strive to honor all reasonable requests, please be aware that we backup the data to prevent accidental or malicious destruction of your information. Information on backup servers may take some time to be completely deleted from the system. If you request that we remove you from our system and delete all your information, please note that you may still receive materials while your request is being processed.If you request that your information be deleted, we will keep your information for a period of time in order to deter fraud. However, if you request to delete your information, your Personal Information will not be used by us or our third- party providers for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law, or in accordance with this Privacy Policy.
SECURITY AND DATA RETENTION
The security of your Personal Information is important to us. We seek to protect your Personal Information from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Information and how we are processing that data. We endeavor to follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and in storage. For example, the Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Information. We store and process your information on our servers in the United States and abroad. We maintain what we consider industry standard backup and archival systems. Although we work to protect the security of the data that we hold in our records, for example, by making good faith efforts to store Personal Information in a secure operating environment that is not open to the public, please be aware that no method of transmitting data over the Internet or storing data is completely secure. We cannot and do not guarantee the complete security of any data you share with us, and except as expressly required by law, we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content.If at any time during or after our relationship we believe that the security of your Personal Information may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as possible under the circumstances. If we have your e-mail address, we may notify you by e-mail to the most recent e-mail address you have provided us. If you receive a notice from us, you can print it to retain a copy of it. To receive these notices, you must check your e-mail account using your computer or mobile device and email application software. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please e-mail us at techsupport@rootsautomation.com. Please include your address when you submit your request. You can make this election any time, and it will apply to notifications we make after a reasonable time thereafter for us to process your request. You may also use this e-mail address to request a print copy, at no charge, of an electronic notice we have sent to you regarding a compromise of your Personal Information.We retain Personal Information about you consistent with all internal policies and procedures. We may retain Personal Information to comply with our legal obligations, resolve disputes or collect fees owed, or as is otherwise permitted or required by our data retention policies and procedures.
COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
We represent and warrant that we will comply with all applicable laws, rules, regulations, directives and guidelines regarding the collection, use and disclosure of data collected from or about Users or specific devices which apply to the services utilized hereunder (collectively, the “Rules”). The term “Rules” shall include, without limitation, (i) United States Federal Trade Commission Laws regarding the collection, use and disclosure of data from or about users and/or specific devices;(ii) the Children’s Privacy Protection Act of 1998 (COPPA); (iii)The California Consumer Privacy Act of 2018 (“CCPA”) and (iv) if applicable, the Rules of any other jurisdiction, including and European Union General Data Protection Regulation (“EU GDPR”), rules, regulations and/or directives promulgated by a pertinent Data Protection Act, and all amendments and updates to them or regulations as replaced or superseded from time to time.
CALIFORNIA ‘DO NOT SELL MY INFO’ NOTICE
Like many companies online, we work with Google, Facebook and other companies that use information collected from cookies and similar technologies to try to make the ads you see online more relevant to your interests. This is called interest-based advertising. Our use of these services may constitute a “sale” of Personal Information as defined under the California Consumer Protection Act (CCPA). You can opt-out of the use of your information for interest-based advertising by:Browser settings. Blocking third party cookies in your browser settings.
Privacy browsers/plug-ins. Using privacy browsers or ad-blocking browser plug-ins that let you block advertising trackers.
Platform settings. Using the opt-out settings offered by some of the advertising companies that we work with.
Ad industry tools. Opting out of interest-based ads from companies participating in the following industry opt-out programs:
Network Advertising Initiative: https://optout.networkadvertising.org/?c=1
Digital Advertising Alliance: optout.aboutads.info, which will allow you to opt-out of interest based ads served by on websites by participating members.
App Choices mobile app, at https://www.youradchoices.com/appchoices, which will allow you to opt-out of interest-based ads in mobile apps served by participating members.
Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes. You will need to apply these opt-out settings on each device from which you wish to opt-out. Not all companies that serve interest-based ads participate in these opt-out programs, so even after opting-out, you may still receive some cookies and interest-based ads from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online, but they may be less relevant to you.Our sharing of information with the data providers described above may also constitute “sales” as defined under the CCPA. You may submit a request to opt-out of this information sharing by sending an email to techsupport@rootsautomation.com with “Privacy” in the subject line.The above describes our practices currently and during the 12-monthperiod preceding the date on which this Privacy Policy was last updated.Your CCPA rights. As a California resident, you have the following rights as of January 1, 2020:Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
The categories of Personal Information that we have collected.
The categories of sources from which we collected Personal Information.
The business or commercial purpose for collecting and/or selling Personal Information.
The categories of third parties with whom we share Personal Information.
Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information disclosed to each category of third-party recipient.
Whether we’ve sold your Personal Information, and if so, the categories of Personal Information received by each category of third-party recipient.
Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
Deletion. You can ask us to delete the Personal Information that we have collected from you.
Opt-out. You can opt-out of any “sale” of your Personal Information as defined in the CCPA.
Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.
You may submit a request to exercise your right to information, access or deletion by emailing info@rootsautomation.com with “Privacy” in the subject line. We reserve the right to confirm your California residency to process these requests and will need to confirm your identity. Government-issued identification may be required. You may designate an authorized agent to make a request on your behalf by providing a valid power of attorney or other proof of authority acceptable to us in our reasonable discretion, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification. You can submit a request to opt-out of sales of your Personal Information as described above. We cannot process your request if you do not provide us with sufficient information to allow us to understand and respond to it. In certain cases, we may decline your request as permitted by law.
CHILDREN’S PRIVACY
The Services are not directed to or intended for use by children under 13years of age. If you are a child under the age of 13, please do not attempt to register for or otherwise use the Services or send us any Personal Information. By accessing, using and/or submitting information to or through the Services, you represent that you are not under the age of 13. As noted in the Terms and Conditions, we do not knowingly collect or solicit Personal Information from children under the age of 13. If we learn that we have received any Personal Information directly from a child under age 13 without first receiving his or her parent’s verified consent, we will use that Personal Information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Services. We will then subsequently delete that child’s Personal Information. If you believe that a child under 13 may have provided us with Personal Information, please contact us at techsupport@rootsautomation.com.
UPDATES TO THIS POLICY
We reserve the right to change, modify, update, add, or remove portions of this Privacy Policy at any time. Any changes or updates will be effective immediately upon posting to this page. When we do update it, for your convenience, we will make the updated policy available on this page. If you opt out of receiving communications, you may not receive certain notifications, however, they will still govern your use of the Services, and you are responsible for proactively checking for any changes. We encourage you to check this Privacy Policy frequently to stay up to date on any changes. You can determine if changes have been made by checking the effective date on the Privacy Policy. Continued use of the Services after the effective date of any change in this Privacy Policy will constitute acceptance of such changes and it will signify that you agree to abide by and be bound by the modified Privacy Policy.
CONTACT US
If you have questions, comments, or concerns regarding this Privacy Policy, please contact us and we will respond to your request within a reasonable timeframe. Please include the following information in your request (a) Your name; (b) Your contact information, including phone number and email address; and (c) The precise nature of your request, inquiry, or complaint. You may contact us at
By website: www.rootsautomation.com
By Email: info@rootsautomation.com
By Mail:
Roots Automation
World Trade Center 3
Floor 38, 175 Greenwich St
NY 10007
Last Updated: November 1, 2020
