“We will learn how to dream the big dream. Think about that big
dream. Plan how to realize that big dream, and do the actions that are necessary to bring it
into reality.” - Dr. Mikel J. Harry
Bentley's Dream is written for kids in kindergarten to Grade 3. The message is simple:
Dreams Are Achievable.
Bentley is a special dog who has a big dream. Bentley is told by his dog friend Keto that it
is rare for big dreams to come true. But Bentley uses The Proven Path to Success to realize
his dream. Bentley helps to keep a girl from chasing a ball into the
street. He finds a lost blanket for his dog friend Vinny. And gets the attention of a
lifeguard who saves his dog friend Milly from drowning. Bentley's dream came true because he
selflessly took action to help his dog friends
and family.
The Proven Path to Success is a Breakthrough Thinking Strategy documented in The Great
Discovery: Do the Dreaming, Dream the Doing, Plan the Doing, Do the Plan. The Great
Discovery is process that shows everyone how to change their thinking from ordinary
to extraordinary. The Great Discovery was developed by Dr. Mikel J. Harry, the Co-Creator
and Chief Architect of Six Sigma which has been named as one of the Top 10 management
Innovations of the last 150 years.
An important feature of Bentley's Dream is a detailed explanation of the story for the
parent or teacher. Sandra Harry and Catherine Lawson show children and adults how to become
extraordinary thinkers like others who have followed the "Proven Way of
Thinking."
Bentleyis a very
special dog. He is of service to his friends and family in helping them to feel safe
and secure. He loves to help others achieve their dreams so they can live a happy
and fulfilled life.
Our Team
Sandra Harry
Author
Sandra Harry lives in Florida. She is the CEO of The Great
Discovery and widow of Dr. Mikel J. Harry who created The Great Discovery.
She is a coach and consultant. Her life mission is to make The Great
Discovery
available to everyone, regardless of age, so they can achieve their goals
and dreams.
Catherine Lawson, Ph.D
Author
Catherine Lawson, Ph.D. lives in Arizona. She is an engineer,
author, coach and consultant. She serves as the Chief Knowledge Officer of
the Great Discovery and co-wrote The Great Discovery novel with Dr. Mikel
J. Harry. Catherine enjoys helping people achieve their life dreams.
Nikki Boetger
Illustrator
Nikki Boetger is a professional illustrator living in rural
Indiana. In the last 15 years, she has created art for over 50 published
works including, early educational workbooks, floorpads, sticker books,
coloring
books, puzzles, games, novelty books, picture books.
Alan Leduc
Managing Director
Alan Leduc is author of Learning to Think…Leadership:
Understanding Dr. Mikel J. Harry’s Six Sigma Way of Thinking. Alan worked
directly with Dr. Harry for 15 years and has continued to carry on Dr.
Harry’s legacy
through his role as Technical Director for SSMI (Dr. Mikel J. Harry Six
Sigma Management Institute).
TGD Kids has chosen Kids At Heart Publishing, LLC as our publisher. Kids
At Heart is an independent publishing house started in 2010 by Shelley Davis and is located
in Cambridge City, Indiana.
The mission of Kids At Heart Publishing is to help each writer put their
dreams and words into print through a proven method that is rewarding, fun, and affordable.
Each of our authors is very important to us. Kids At Heart understands,
respects, and honors each authors feelings of pride. Shelley Davis, owner, works closely
with each author, walking them through the entire publishing process in pursuit of a
successful publishing experience.
Kids At Heart owner Shelley Davis has published 20 books of her own as well
and over 200 titles from more than 150 writers. Any type of work is encouraged including
collections of short stories, long stories, poems, and children’s
books.
ORIGIN
The Origin of TGD Kids
Dr. Mikel J. Harry (
https://mikeljharry.com) is the
Co-creator and Chief Architect of Six Sigma. Six Sigma has been recognized as one of the top
ten management innovations in the last 150 years
and has been use by more than 80% of the Fortune 100 companies.
Mikel deployed Six Sigma at General Electric and ask Jack Welch, the former CEO of GE and one
of the greatest leaders of our generation, “Jack, what didn’t Six Sigma do for you?” Jack
replied, “Mikel, Six Sigma only focuses on
training about 5% of the organization. What about the other 95%?”
Later after a successful deployment of Six Sigma at Ford Motor Company, Mikel met with Ford
CEO Jacques Nasser, to thank him for the “big fat check” he had written to him. Jacques
response was, “Mikel, I would have doubled that
check if you could have taught us how you think.”
Mikel did not have an answer to those comments, but they nagged at him and he dedicated five
years to what became The Great Discovery – The Six Sigma Way of Thinking, Dr. Mikel J.
Harry’s Way of Thinking, for the other 95%. You
can find information on The Great Discovery at https://thegreatdiscovery.com
The Great Discovery provides virtually any person, team or organization a way to transform
ordinary performance into extraordinary results that are sustainable and repeatable. It is
The Six Sigma Way of Thinking for the other 95%.
Proven Way of Thinking
TGD Kids expands Dr. Mikel J. Harry's idea of teaching
his Proven Way of Thinking to everyone to include "Our Kids."
Terms and
Conditions
Terms Of Service
& DPA
This Terms of
Service Policy is effective immediately.
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linked pages (collectively known as the Site) are provided to you by Six Sigma
Social Inc. Your access to and use of this Site is subject to these Terms and
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Social Inc (hereinafter referred to as "Six Sigma Social Inc") shall
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upload files that contain viruses, Trojan horses, worms, time bombs,
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SIGMA SOCIAL INC's sole discretion. Materials uploaded to the Communication
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SIGMA SOCIAL INC immediately of any unauthorized use of the User's account or
any other breach of security. SIX SIGMA SOCIAL INC will not be liable for any
loss that the User may incur as a result of someone else using User's password
or account, either with or without the User's knowledge. However, the User
could be held liable for losses incurred by SIX SIGMA SOCIAL INC or another
party due to someone else using the User's account or password. The User may
not use anyone else's account at any time.
NOTICE SPECIFIC TO
SOFTWARE AVAILABLE ON THIS SITE
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Agreement terms.
The Software is
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License Agreement. Any reproduction or redistribution of the Software not in
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the maximum extent possible.
WITHOUT LIMITING
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SIGMA SOCIAL INC MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE
PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SIX SIGMA SOCIAL INC
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OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES.
DATA PROCESSING
AGREEMENT("DPA")
Collection Fee: In
the event an account is submitted to a third-party collections service, a
$45.00 processing fee may be assessed. This fee is in addition to any other
fees previously assessed on the account.
This SIX SIGMA
SOCIAL INC Data Processing Agreement ("DPA"), that includes the
Standard Contractual Clauses adopted by the European Commission, as applicable,
reflects the parties' agreement with respect to the terms governing the
Processing of Personal Data under the SIX SIGMA SOCIAL INC Customer Terms of Service
(the "Agreement"). This DPA is an amendment to the Agreement and is
effective upon its incorporation into the Agreement, which incorporation may be
specified in the Agreement, an Order or an executed amendment to the Agreement.
Upon its incorporation into the Agreement, the DPA will form a part of the
Agreement.
We periodically
update these terms. If you have an active SIX SIGMA SOCIAL INC subscription, we
will let you know when we do via an email or in-app notification
1. Definitions
"Controller"
means the natural or legal person, public authority, agency or other body
which, alone or jointly with others, determines the purposes and means of the
Processing of Personal Data.
"Data
Protection Law" means all applicable legislation relating to data protection
and privacy including without limitation the EU Data Protection Directive
95/46/EC and all local laws and regulations which amend or replace any of them,
including the GDPR, together with any national implementing laws in any Member
State of the European Union or, to the extent applicable, in any other country,
as amended, repealed, consolidated or replaced from time to time. The terms
"process", "processes" and "processed" will be
construed accordingly.
"Data
Subject" means the individual to whom Personal Data relates.
"GDPR"
means the General Data Protection Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection of natural
persons with regard to the processing of personal data and on the free movement
of such data.
"Instruction"
means the written, documented instruction, issued by Controller to Processor,
and directing the same to perform a specific action with regard to Personal
Data (including, but not limited to, depersonalizing, blocking, deletion,
making available).
"Personal
Data" means any information relating to an identified or identifiable
individual where such information is contained within Customer Data and is
protected similarly as personal data or personally identifiable information
under applicable Data Protection Law.
"Personal
Data Breach" means a breach of security leading to the accidental or
unlawful destruction, loss, alteration, unauthorized disclosure of, or access
to, Personal Data transmitted, stored or otherwise processed.
"Processing"
means any operation or set of operations which is performed on Personal Data,
encompassing the collection, recording, organization, structuring, storage,
adaptation or alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination,
restriction or erasure of Personal Data.
"Processor"
means a natural or legal person, public authority, agency or other body which
processes Personal Data on behalf of the Controller.
"Standard
Contractual Clauses" means the clauses attached hereto as Exhibit 1
pursuant to the European Commission's decision (C(2010)593) of 5 February 2010
on Standard Contractual Clauses for the transfer of personal data to processors
established in third countries which do not ensure an adequate level of data
protection.
2. Details of the
Processing
a. Categories of
Data Subjects. Controller may submit Personal Data to the Subscription Service,
the extent of which is determined and controlled by Controller in its sole
discretion, and which may include, but is not limited to Controller's Contacts
and other end users including Controller's employees, contractors,
collaborators, customers, prospects, suppliers and subcontractors. Data
Subjects also include individuals attempting to communicate with or transfer
Personal Data to the Controller's end users.
b. Types of
Personal Data. Contact Information (as defined in the SIX SIGMA SOCIAL INC
Customer Terms of Service), the extent of which is determined and controlled by
the Customer in its sole discretion, and other Personal Data such as
navigational data (including website usage information), email data, system
usage data, application integration data, and other electronic data submitted,
stored, sent, or received by the Controller, or the Controller's end users, via
the Subscription Service.
c. Subject-Matter
and Nature of the Processing. The subject-matter of Processing of Personal Data
by Processor is the provision of the services to the Controller that involves the
Processing of Personal Data. Personal Data will be subject to those Processing
activities as may be specified in the Agreement and an Order.
d. Purpose of the
Processing. Personal Data will be Processed for purposes of providing the
services set out, as further instructed by Controller in its use of the
Services, and otherwise agreed to in the Agreement and any applicable Order.
e. Duration of the
Processing. Personal Data will be Processed for the duration of the Agreement,
subject to Section 4 of this DPA.
3. Controller
Responsibility
Within the scope
of the Agreement and in its use of the services, Controller shall be solely
responsible for complying with the statutory requirements relating to data
protection and privacy, in particular regarding the disclosure and transfer of
Personal Data to the Processor and the Processing of Personal Data. For the
avoidance of doubt, Controller's instructions for the Processing of Personal
Data shall comply with the Data Protection Law. This DPA is Customer's complete
and final instruction to SIX SIGMA SOCIAL INC in relation to Personal Data and
that additional instructions outside the scope of DPA would require prior
written agreement between the parties. Instructions shall initially be
specified in the Agreement and may, from time to time thereafter, be amended,
amplified or replaced by Controller in separate written instructions (as
individual instructions).
Controller shall
inform Processor without undue delay and comprehensively about any errors or
irregularities related to statutory provisions on the Processing of Personal
Data.
4. Obligations of
Processor
a. Compliance with
Instructions. The parties acknowledge and agree that Customer is the Controller
of Personal Data and SIX SIGMA SOCIAL INC is the Processor of that data.
Processor shall collect, process and use Personal Data only within the scope of
Controller's Instructions. If the Processor believes that an Instruction of the
Controller infringes the Data Protection Law, it shall immediately inform the
Controller without delay. If Processor cannot process Personal Data in
accordance with the Instructions due to a legal requirement under any
applicable European Union or Member State law, Processor will (i) promptly
notify the Controller of that legal requirement before the relevant Processing
to the extent permitted by the Data Protection Law; and (ii) cease all
Processing (other than merely storing and maintaining the security of the
affected Personal Data) until such time as the Controller issues new instructions
with which Processor is able to comply. If this provision is invoked, Processor
will not be liable to the Controller under the Agreement for any failure to
perform the applicable services until such time as the Controller issues new
instructions in regard to the Processing.
b. Security.
Processor shall take the appropriate technical and organizational measures to
adequately protect Personal Data against accidental or unlawful destruction,
loss, alteration, unauthorized disclosure of, or access to Personal Data,
described under Appendix 2 to the Standard Contractual Clauses. Such measures
include, but are not limited to:
i. the prevention
of unauthorized persons from gaining access to Personal Data Processing
systems,
ii. the prevention
of Personal Data Processing systems from being used without
authorization,
iii. ensuring that
persons entitled to use a Personal Data Processing system gain access only to
such Personal Data as they are entitled to accessing in accordance with their
access rights, and that, in the course of Processing or use and after storage,
Personal Data cannot be read, copied, modified or deleted without
authorization,
iv. ensuring that
Personal Data cannot be read, copied, modified or deleted without authorization
during electronic transmission, transport or storage on storage media, and that
the target entities for any transfer of Personal Data by means of data
transmission facilities can be established and verified,
v. ensuring the
establishment of an audit trail to document whether and by whom Personal Data
have been entered into, modified in, or removed from Personal Data Processing
systems,
vi. ensuring that
Personal Data is Processed solely in accordance with the Instructions,
vii. ensuring that
Personal Data is protected against accidental destruction or loss.
Processor will
facilitate Controller's compliance with the Controller's obligation to
implement security measures with respect to Personal Data (including if
applicable Controller's obligations pursuant to Articles 32 to 34 (inclusive)
of the GDPR), by (i) implementing and maintaining the security measures
described under Appendix 2, (ii) complying with the terms of Section 4.d.
(Personal Data Breaches); and (iii) providing the Controller with information in
relation to the Processing in accordance with Section 6 (Audits).
c.
Confidentiality. Processor shall ensure that any personnel whom Processor
authorizes to process Personal Data on its behalf is subject to confidentiality
obligations with respect to that Personal Data. The undertaking to
confidentiality shall continue after the termination of the above-entitled
activities.
d. Personal Data
Breaches. Processor will notify the Controller without undue delay after it
becomes aware of any Personal Data Breach affecting any Personal Data. At the
Controller's request, Processor will promptly provide the Controller with all
reasonable assistance necessary to enable the Controller to notify relevant
Personal Data Breaches to competent authorities and/or affected Data Subjects,
if Controller is required to do so under the Data Protection Law.
e. Deletion or
Retrieval of Personal Data. Other than to the extent required to comply with
Data Protection Law, following termination or expiration of the Agreement,
Processor will delete or return all Personal Data (including copies thereof)
processed pursuant to this DPA. If Processor is unable to delete Personal Data
for technical or other reasons, Processor will apply measures to ensure that
Personal Data is blocked from any further Processing.
Controller shall,
upon termination or expiration of the Agreement and by way of issuing an
Instruction, stipulate, within a period of time set by Processor, the
reasonable measures to return data or to delete stored data. Any additional
cost arising in connection with the return or deletion of Personal Data after
the termination or expiration of the Agreement shall be borne by Controller.
Processor will
enable Controller to delete Personal Data of end users using the functionality
of the Subscription Service.
f. Data Protection
Impact Assessments and Consultation with Supervisory Authorities. To the extent
that the required information is available to Processor and the Controller does
not otherwise have access to the required information, Processor will provide
reasonable assistance to Controller with any data protection impact
assessments, and prior consultations with supervisory authorities or other
competent data privacy authorities, which Controller reasonably considers to be
required by article 35 or 36 of the GDPR or equivalent provisions of any other
Data Protection Law, in each case solely in relation to the processing of
Personal Data.
5. Data Subject
Requests
Processor will
enable Controller to respond to requests from Data Subjects to exercise their
rights under the applicable Data Protection Law in a manner consistent with the
functionality of the Subscription Service. To the extent that Controller does
not have the ability to address a Data Subject request, then upon Controller's
request Processor shall provide reasonable assistance to the Controller to
facilitate such Data Subject request to the extent able and only as required by
applicable Data Protection Law. Controller shall reimburse Processor for the
commercially reasonable costs arising from this assistance.
Processor will
provide reasonable assistance, including by appropriate technical and
organizational measures and taking into account the nature of the Processing,
to enable Controller to respond to any request from Data Subjects seeking to
exercise their rights under the Data Protection Law with respect to Personal
Data (including access, rectification, restriction, deletion or portability of
Personal Data, as applicable), to the extent permitted by the law. If such request
is made directly to Processor, Processor will promptly inform Controller and
will advise Data Subjects to submit their request to the Controller. Controller
shall be solely responsible for responding to any Data Subjects' requests.
6. Audits
Processor shall,
in accordance with Data Protection Laws and in response to a reasonable written
request by Controller, make available to Controller such information in
Processor's possession or control related to Processor's compliance with the
obligations of data processors under Data Protection Law in relation to its
Processing of Personal Data.
Controller may,
upon written request and at least 30 days' notice to Processor, during regular
business hours and without interrupting Processor's business operations,
conduct an inspection of Processor's business operations or have the same
conducted by a qualified third party auditor subject to Processor's approval,
which shall not be unreasonably withheld.
Processor shall,
upon Controller's written request and on at least 30 days' notice to the
Processor, provide Controller with all information necessary for such audit, to
the extent that such information is within Processor's control and Processor is
not precluded from disclosing it by applicable law, a duty of confidentiality,
or any other obligation owed to a third party.
7. Sub-Processors
a. Appointment of
Sub-Processors. Controller acknowledges and agrees to (a) the engagement as
sub-Processors of Processor's affiliated companies and the third parties listed
on our Sub-Processors Page, and (b) that Processor and Processor's affiliated
companies respectively may engage third-party sub-Processors in connection with
the provision of the Subscription Service. For the avoidance of doubt, the
above authorization constitutes Controller's prior written consent to the
sub-Processing by Processor for purposes of Clause 11 of the Standard
Contractual Clauses.
Where Processor
engages sub-Processors, Processor will enter into a contract with the
sub-Processor that imposes on the sub-Processor the same obligations that apply
to Processor under this DPA. Where the sub-Processor fails to fulfill its data
protection obligations, Processor will remain liable to the Controller for the
performance of such sub-Processors obligations.
Where a
sub-Processor is engaged, the Controller must be granted the right to monitor
and inspect the sub-Processor's activities in accordance with this DPA and the
Data Protection Law, including to obtain information from the Processor, upon
written request, on the substance of the contract and the implementation of the
data protection obligations under the sub-Processing contract, where necessary
by inspecting the relevant contract documents.
The provisions of
this Section 7 shall mutually apply if the Processor engages a sub-Processor in
a country outside the European Economic Area ("EEA") not recognized
by the European Commission as providing an adequate level of protection for
personal data. If, in the performance of this DPA, SIX SIGMA SOCIAL INC transfers
any Personal Data to a sub-Processor located outside of the EEA, SIX SIGMA
SOCIAL INC shall, in advance of any such transfer, ensure that a legal
mechanism to achieve adequacy in respect of that processing is in place.
b. Current
Processor List and Notification or Objection to New Sub-Processors. If the
Processor intends to instruct sub-Processors other than the companies listed on
the Sub-Processors Page, the Processor will notify the Controller by updating
the Sub-Processors Page and will give the Controller the opportunity to object
to the engagement of the new sub-Processors within 30 days after being
notified. The objection must be based on reasonable grounds. If the Processor
and Controller are unable to resolve such objection, either party may terminate
the Agreement by providing written notice to the other party. Controller shall
receive a refund of any prepaid but unused fees for the period following the
effective date of termination. If the Controller would like to receive an email
notification when we update the Sub-Processors Page.
8. Data Transfers
Controller
acknowledges and agrees that, in connection with the performance of the
services under the Agreement, Personal Data will be transferred to SIX SIGMA
SOCIAL INC, Inc. in the United States. Processor may access and perform
Processing of Personal Data on a global basis as necessary to provide the
Subscription Service, in accordance with the SIX SIGMA SOCIAL INC Customer
Terms of Service.
SIX SIGMA SOCIAL
INC, Inc. has certified to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks
as administered by the U.S. Department of Commerce, in order to implement
appropriate safeguards for such transfers pursuant to Article 46 of the GDPR.
The Standard Contractual Clauses at Exhibit 1 will apply with respect to
Personal Data that is transferred outside the EEA, either directly or via
onward transfer, to any country not recognized by the European Commission as
providing an adequate level of protection for personal data (as described in
the Data Protection Law).
To the extent that
Controller or Processor are relying on a specific statutory mechanism to
normalize international data transfers and that mechanism is subsequently
revoked, or held in a court of competent jurisdiction to be invalid, Controller
and Processor agree to cooperate in good faith to pursue a suitable alternate
mechanism that can lawfully support the transfer.
9. General
Provisions
With respect to
updates and changes to this DPA, the terms that apply in the "Amendment;
No Waiver" section of "Miscellaneous" in the Agreement shall
apply.
In case of any
conflict, this DPA shall take precedence over the regulations of the Agreement.
Where individual provisions of this DPA are invalid or unenforceable, the
validity and enforceability of the other provisions of this DPA shall not be
affected.
Upon the
incorporation of this DPA into the Agreement, the parties indicated in Section
10 below (Parties to this DPA) are agreeing to the Standard Contractual Clauses
(where and as applicable) and all appendixes attached thereto. In the event of
any conflict or inconsistency between this DPA and the Standard Contractual
Clauses in Exhibit 1, the Standard Contractual Clauses shall prevail, provided
however: (a) Controller may exercise its right of audit under clause 5(f) of
the standard contractual clauses as set out in, and subject to the requirements
of, section 6 of this DPA; and (b) Processor may appoint sub-Processors as set
out, and subject to the requirements of, section 4 and section 7 of this DPA.
10. Parties to
this DPA
This DPA is an
amendment to and forms part of the Agreement. Upon the incorporation of this
DPA into the Agreement (i) Controller and the SIX SIGMA SOCIAL INC entity that
are each a party to the Agreement are also each a party to this DPA, and (ii)
to the extent that SIX SIGMA SOCIAL INC Inc. is not the party to the Agreement,
SIX SIGMA SOCIAL INC, Inc. is a party to this DPA, but only with respect to
agreement to the Standard Contractual Clauses of the DPA, this Section 10 of
the DPA, and to the Standard Contractual Clauses themselves.
If SIX SIGMA
SOCIAL INC, Inc. is not a party to the Agreement, the section of the Agreement
entitled 'Limitation of Liability' shall apply as between Controller and SIX
SIGMA SOCIAL INC, and in such respect any references to 'SIX SIGMA SOCIAL INC',
'we', 'us' or 'our' shall include both SIX SIGMA SOCIAL INC, Inc. and the SIX
SIGMA SOCIAL INC entity that is a party to the Agreement.
The legal entity
agreeing to this DPA as Controller represents that it is authorized to agree to
and enter into this DPA for, and is agreeing to this DPA solely on behalf of,
the Controller.
EXHIBIT 1 -
STANDARD CONTRACTUAL CLAUSES
For the purposes
of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors
established in third countries which do not ensure an adequate level of data
protection,
The Customer, as
defined in the SIX SIGMA SOCIAL INC Customer Terms of Service (the "data
exporter")
And
SIX SIGMA SOCIAL
INC.,(the "data importer"),
each a 'party';
together 'the parties',
HAVE AGREED on the
following Contractual Clauses (the Clauses) in order to adduce adequate
safeguards with respect to the protection of privacy and fundamental rights and
freedoms of individuals for the transfer by the data exporter to the data
importer of the personal data specified in Appendix 1.
Clause 1
Definitions
For the purposes
of the Clauses:
'personal data',
'special categories of data', 'process/processing', 'controller', 'processor',
'data subject' and 'supervisory authority' shall have the same meaning as in
Directive 95/46/EC of the European Parliament and of the Council of 24 October
1995 on the protection of individuals with regard to the processing of personal
data and on the free movement of such data;
'the data
exporter' means the controller who transfers the personal data;
'the data
importer' means the processor who agrees to receive from the data exporter
personal data intended for processing on his behalf after the transfer in
accordance with his instructions and the terms of the Clauses and who is not
subject to a third country's system ensuring adequate protection within the
meaning of Article 25(1) of Directive 95/46/EC;
'the subprocessor'
means any processor engaged by the data importer or by any other subprocessor
of the data importer who agrees to receive from the data importer or from any
other subprocessor of the data importer personal data exclusively intended for
processing activities to be carried out on behalf of the data exporter after
the transfer in accordance with his instructions, the terms of the Clauses and
the terms of the written subcontract;
'the applicable
data protection law' means the legislation protecting the fundamental rights
and freedoms of individuals and, in particular, their right to privacy with
respect to the processing of personal data applicable to a data controller in
the Member State in which the data exporter is established;
'technical and
organisational security measures' means those measures aimed at protecting
personal data against accidental or unlawful destruction or accidental loss,
alteration, unauthorised disclosure or access, in particular where the
processing involves the transmission of data over a network, and against all
other unlawful forms of processing.
Clause 2
Details of the
transfer
The details of the
transfer and in particular the special categories of personal data where
applicable are specified in Appendix 1 which forms an integral part of the
Clauses.
Clause 3
Third-party
beneficiary clause
1. The data
subject can enforce against the data exporter this Clause, Clause 4(b) to (i),
Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2),
and Clauses 9 to 12 as third-party beneficiary.
2. The data
subject can enforce against the data importer this Clause, Clause 5(a) to (e)
and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where
the data exporter has factually disappeared or has ceased to exist in law
unless any successor entity has assumed the entire legal obligations of the
data exporter by contract or by operation of law, as a result of which it takes
on the rights and obligations of the data exporter, in which case the data
subject can enforce them against such entity.
3. The data
subject can enforce against the subprocessor this Clause, Clause 5(a) to (e)
and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where
both the data exporter and the data importer have factually disappeared or
ceased to exist in law or have become insolvent, unless any successor entity
has assumed the entire legal obligations of the data exporter by contract or by
operation of law as a result of which it takes on the rights and obligations of
the data exporter, in which case the data subject can enforce them against such
entity. Such third-party liability of the subprocessor shall be limited to its
own processing operations under the Clauses.
4. The parties do
not object to a data subject being represented by an association or other body
if the data subject so expressly wishes and if permitted by national law.
Clause 4
Obligations of the
data exporter
The data exporter
agrees and warrants:
(a) that the
processing, including the transfer itself, of the personal data has been and
will continue to be carried out in accordance with the relevant provisions of
the applicable data protection law (and, where applicable, has been notified to
the relevant authorities of the Member State where the data exporter is
established) and does not violate the relevant provisions of that State;
(b) that it has
instructed and throughout the duration of the personal data-processing services
will instruct the data importer to process the personal data transferred only
on the data exporter's behalf and in accordance with the applicable data
protection law and the Clauses;
(c) that the data
importer will provide sufficient guarantees in respect of the technical and
organisational security measures specified in Appendix 2 to this contract;
(d) that after
assessment of the requirements of the applicable data protection law, the
security measures are appropriate to protect personal data against accidental
or unlawful destruction or accidental loss, alteration, unauthorised disclosure
or access, in particular where the processing involves the transmission of data
over a network, and against all other unlawful forms of processing, and that
these measures ensure a level of security appropriate to the risks presented by
the processing and the nature of the data to be protected having regard to the state
of the art and the cost of their implementation;
(e) that it will
ensure compliance with the security measures;
(f) that, if the
transfer involves special categories of data, the data subject has been
informed or will be informed before, or as soon as possible after, the transfer
that its data could be transmitted to a third country not providing adequate
protection within the meaning of Directive 95/46/EC;
(g) to forward any
notification received from the data importer or any subprocessor pursuant to
Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the
data exporter decides to continue the transfer or to lift the suspension;
(h) to make
available to the data subjects upon request a copy of the Clauses, with the
exception of Appendix 2, and a summary description of the security measures, as
well as a copy of any contract for subprocessing services which has to be made
in accordance with the Clauses, unless the Clauses or the contract contain
commercial information, in which case it may remove such commercial
information;
(i) that, in the
event of subprocessing, the processing activity is carried out in accordance
with Clause 11 by a subprocessor providing at least the same level of
protection for the personal data and the rights of data subject as the data
importer under the Clauses; and
(j) that it will
ensure compliance with Clause 4(a) to (i).
Clause 5
Obligations of the
data importer
The data importer
agrees and warrants:
(a) to process the
personal data only on behalf of the data exporter and in compliance with its
instructions and the Clauses; if it cannot provide such compliance for whatever
reasons, it agrees to inform promptly the data exporter of its inability to
comply, in which case the data exporter is entitled to suspend the transfer of
data and/or terminate the contract;
(b) that it has no
reason to believe that the legislation applicable to it prevents it from
fulfilling the instructions received from the data exporter and its obligations
under the contract and that in the event of a change in this legislation which
is likely to have a substantial adverse effect on the warranties and
obligations provided by the Clauses, it will promptly notify the change to the
data exporter as soon as it is aware, in which case the data exporter is
entitled to suspend the transfer of data and/or terminate the contract;
(c) that it has
implemented the technical and organisational security measures specified in
Appendix 2 before processing the personal data transferred;
(d) that it will
promptly notify the data exporter about:
(i) any legally
binding request for disclosure of the personal data by a law enforcement
authority unless otherwise prohibited, such as a prohibition under criminal law
to preserve the confidentiality of a law enforcement investigation;
(ii) any
accidental or unauthorised access; and
(iii) any request
received directly from the data subjects without responding to that request,
unless it has been otherwise authorised to do so;
(e) to deal
promptly and properly with all inquiries from the data exporter relating to its
processing of the personal data subject to the transfer and to abide by the
advice of the supervisory authority with regard to the processing of the data
transferred;
(f) at the request
of the data exporter to submit its data-processing facilities for audit of the
processing activities covered by the Clauses which shall be carried out by the
data exporter or an inspection body composed of independent members and in
possession of the required professional qualifications bound by a duty of
confidentiality, selected by the data exporter, where applicable, in agreement
with the supervisory authority;
(g) to make
available to the data subject upon request a copy of the Clauses, or any
existing contract for subprocessing, unless the Clauses or contract contain
commercial information, in which case it may remove such commercial
information, with the exception of Appendix 2 which shall be replaced by a
summary description of the security measures in those cases where the data
subject is unable to obtain a copy from the data exporter;
(h) that, in the
event of subprocessing, it has previously informed the data exporter and
obtained its prior written consent;
(i) that the
processing services by the subprocessor will be carried out in accordance with
Clause 11;
(j) to send
promptly a copy of any subprocessor agreement it concludes under the Clauses to
the data exporter.
Clause 6
Liability
1. The parties
agree that any data subject, who has suffered damage as a result of any breach
of the obligations referred to in Clause 3 or in Clause 11 by any party or
subprocessor is entitled to receive compensation from the data exporter for the
damage suffered.
2. If a data
subject is not able to bring a claim for compensation in accordance with
paragraph 1 against the data exporter, arising out of a breach by the data
importer or his subprocessor of any of their obligations referred to in Clause
3 or in Clause 11, because the data exporter has factually disappeared or
ceased to exist in law or has become insolvent, the data importer agrees that
the data subject may issue a claim against the data importer as if it were the
data exporter, unless any successor entity has assumed the entire legal
obligations of the data exporter by contract or by operation of law, in which
case the data subject can enforce its rights against such entity. The data
importer may not rely on a breach by a subprocessor of its obligations in order
to avoid its own liabilities.
3. If a data subject
is not able to bring a claim against the data exporter or the data importer
referred to in paragraphs 1 and 2, arising out of a breach by the subprocessor
of any of their obligations referred to in Clause 3 or in Clause 11 because
both the data exporter and the data importer have factually disappeared or
ceased to exist in law or have become insolvent, the subprocessor agrees that
the data subject may issue a claim against the data subprocessor with regard to
its own processing operations under the Clauses as if it were the data exporter
or the data importer, unless any successor entity has assumed the entire legal
obligations of the data exporter or data importer by contract or by operation
of law, in which case the data subject can enforce its rights against such
entity. The liability of the subprocessor shall be limited to its own
processing operations under the Clauses.
Clause 7
Mediation and
jurisdiction
1. The data
importer agrees that if the data subject invokes against it third-party
beneficiary rights and/or claims compensation for damages under the Clauses,
the data importer will accept the decision of the data subject:
(a) to refer the
dispute to mediation, by an independent person or, where applicable, by the
supervisory authority;
(b) to refer the
dispute to the courts in the Member State in which the data exporter is
established.
2. The parties
agree that the choice made by the data subject will not prejudice its
substantive or procedural rights to seek remedies in accordance with other provisions
of national or international law.
Clause 8
Cooperation with
supervisory authorities
1. The data
exporter agrees to deposit a copy of this contract with the supervisory
authority if it so requests or if such deposit is required under the applicable
data protection law.
2. The parties
agree that the supervisory authority has the right to conduct an audit of the
data importer, and of any subprocessor, which has the same scope and is subject
to the same conditions as would apply to an audit of the data exporter under
the applicable data protection law.
3. The data
importer shall promptly inform the data exporter about the existence of
legislation applicable to it or any subprocessor preventing the conduct of an
audit of the data importer, or any subprocessor, pursuant to paragraph 2. In
such a case the data exporter shall be entitled to take the measures foreseen
in Clause 5(b).
Clause 9
Governing law
The Clauses shall
be governed by the law of the Member State in which the data exporter is
established.
Clause 10
Variation of the
contract
The parties
undertake not to vary or modify the Clauses. This does not preclude the parties
from adding clauses on business related issues where required as long as they
do not contradict the Clause.
Clause 11
Subprocessing
1. The data
importer shall not subcontract any of its processing operations performed on
behalf of the data exporter under the Clauses without the prior written consent
of the data exporter. Where the data importer subcontracts its obligations
under the Clauses, with the consent of the data exporter, it shall do so only
by way of a written agreement with the subprocessor which imposes the same
obligations on the subprocessor as are imposed on the data importer under the
Clauses. Where the subprocessor fails to fulfil its data protection obligations
under such written agreement the data importer shall remain fully liable to the
data exporter for the performance of the subprocessor's obligations under such
agreement.
2. The prior
written contract between the data importer and the subprocessor shall also
provide for a third-party beneficiary clause as laid down in Clause 3 for cases
where the data subject is not able to bring the claim for compensation referred
to in paragraph 1 of Clause 6 against the data exporter or the data importer
because they have factually disappeared or have ceased to exist in law or have
become insolvent and no successor entity has assumed the entire legal
obligations of the data exporter or data importer by contract or by operation of
law. Such third-party liability of the subprocessor shall be limited to its own
processing operations under the Clauses.
3. The provisions
relating to data protection aspects for subprocessing of the contract referred
to in paragraph 1 shall be governed by the law of the Member State in which the
data exporter is established.
4. The data
exporter shall keep a list of subprocessing agreements concluded under the
Clauses and notified by the data importer pursuant to Clause 5(j), which shall
be updated at least once a year. The list shall be available to the data
exporter's data protection supervisory authority.
Clause 12
Obligation after
the termination of personal data-processing services
1. The parties
agree that on the termination of the provision of data-processing services, the
data importer and the subprocessor shall, at the choice of the data exporter,
return all the personal data transferred and the copies thereof to the data
exporter or shall destroy all the personal data and certify to the data
exporter that it has done so, unless legislation imposed upon the data importer
prevents it from returning or destroying all or part of the personal data
transferred. In that case, the data importer warrants that it will guarantee
the confidentiality of the personal data transferred and will not actively
process the personal data transferred anymore.
2. The data
importer and the subprocessor warrant that upon request of the data exporter
and/or of the supervisory authority, it will submit its data-processing
facilities for an audit of the measures referred to in paragraph
Appendix 1 -
Details of Processing
This Appendix
forms part of the Clauses. The Member States may complete or specify, according
to their national procedures, any additional necessary information to be
contained in this Appendix.
A. Data exporter
The data exporter
is the Customer, as defined in the SIX SIGMA SOCIAL INC Customer Terms of
Service ("Agreement").
B. Data importer
The data importer
is SIX SIGMA SOCIAL INC, Inc., a global provider of inbound marketing and sales
software.
C. Data subjects
Categories of data
subjects set out under Section 2 of the Data Processing Agreement to which the
Clauses are attached.
D. Categories of
data
Categories of
personal data set out under Section 2 of the Data Processing Agreement to which
the Clauses are attached.
E. Special
categories of data (if appropriate)
The parties do not
anticipate the transfer of special categories of data.
F. Processing
operations
The processing
activities set out under Section 2 of the Data Processing Agreement to which
the Clauses are attached:
Appendix 2 -
Technical and Organizational Security Measures
This Appendix
forms part of the Clauses.
Description of the
technical and organizational security measures implemented by the data importer
in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):
SIX SIGMA SOCIAL
INC currently observes the security practices described in this Appendix 2.
Notwithstanding any provision to the contrary otherwise agreed to by data
exporter, SIX SIGMA SOCIAL INC may modify or update these practices at its
discretion provided that such modification and update does not result in a
material degradation in the protection offered by these practices. All
capitalized terms not otherwise defined herein shall have the meanings as set
forth in the Agreement.
a) Access Control
i) Preventing
Unauthorized Product Access
Outsourced
processing: SIX SIGMA SOCIAL INC hosts its Service with outsourced cloud
infrastructure providers. Additionally, SIX SIGMA SOCIAL INC maintains
contractual relationships with vendors in order to provide the Service in
accordance with our Data Processing Agreement. SIX SIGMA SOCIAL INC relies on
contractual agreements, privacy policies, and vendor compliance programs in
order to protect data processed or stored by these vendors.
Physical and
environmental security: SIX SIGMA SOCIAL INC hosts its product infrastructure
with multi-tenant, outsourced infrastructure providers. The physical and
environmental security controls are audited for SOC 2 Type II and ISO 27001
compliance, among other certifications.
Authentication: SIX
SIGMA SOCIAL INC implemented a uniform password policy for its customer
products. Customers who interact with the products via the user interface must
authenticate before accessing non-public customer data.
Authorization:
Customer data is stored in multi-tenant storage systems accessible to Customers
via only application user interfaces and application programming interfaces.
Customers are not allowed direct access to the underlying application
infrastructure. The authorization model in each of SIX SIGMA SOCIAL INC's
products is designed to ensure that only the appropriately assigned individuals
can access relevant features, views, and customization options. Authorization
to data sets is performed through validating the user's permissions against the
attributes associated with each data set.
Application
Programming Interface (API) access: Public product APIs may be accessed using
an API key or through Oauth authorization.
ii) Preventing
Unauthorized Product Use
SIX SIGMA SOCIAL
INC implements industry standard access controls and detection capabilities for
the internal networks that support its products.
Access controls:
Network access control mechanisms are designed to prevent network traffic using
unauthorized protocols from reaching the product infrastructure. The technical
measures implemented differ between infrastructure providers and include
Virtual Private Cloud (VPC) implementations, security group assignment, and
traditional firewall rules.
Intrusion
detection and prevention: SIX SIGMA SOCIAL INC implemented a Web Application
Firewall (WAF) solution to protect hosted customer websites and other
internet-accessible applications. The WAF is designed to identify and prevent
attacks against publicly available network services.
Static code
analysis: Security reviews of code stored in SIX SIGMA SOCIAL INC's source code
repositories is performed, checking for coding best practices and identifiable
software flaws.
Penetration
testing: SIX SIGMA SOCIAL INC maintains relationships with industry recognized
penetration testing service providers for four annual penetration tests. The
intent of the penetration tests is to identify and resolve foreseeable attack
vectors and potential abuse scenarios.
Bug bounty: A bug
bounty program invites and incentivizes independent security researchers to
ethically discover and disclose security flaws. SIX SIGMA SOCIAL INC
implemented a bug bounty program in an effort to widen the available
opportunities to engage with the security community and improve the product
defenses against sophisticated attacks.
iii) Limitations
of Privilege & Authorization Requirements
Product access: A
subset of SIX SIGMA SOCIAL INC's employees have access to the products and to
customer data via controlled interfaces. The intent of providing access to a
subset of employees is to provide effective customer support, to troubleshoot
potential problems, to detect and respond to security incidents and implement
data security. Access is enabled through "just in time" requests for
access; all such requests are logged. Employees are granted access by role, and
reviews of high risk privilege grants are initiated daily. Employee roles are
reviewed at least once every six months.
Background checks:
All SIX SIGMA SOCIAL INC employees undergo a third-party background check prior
to being extended an employment offer, in accordance with and as permitted by
the applicable laws. All employees are required to conduct themselves in a
manner consistent with company guidelines, non-disclosure requirements, and
ethical standards.
b) Transmission
Control
In-transit: SIX
SIGMA SOCIAL INC makes HTTPS encryption (also referred to as SSL or TLS)
available on every one of its login interfaces and for free on every customer
site hosted on the SIX SIGMA SOCIAL INC products. SIX SIGMA SOCIAL INC's HTTPS
implementation uses industry standard algorithms and certificates.
At-rest: SIX SIGMA
SOCIAL INC stores user passwords following policies that follow industry
standard practices for security. SIX SIGMA SOCIAL INC has implemented
technologies to ensure that stored data is encrypted at rest.
c) Input Control
Detection: SIX
SIGMA SOCIAL INC designed its infrastructure to log extensive information about
the system behavior, traffic received, system authentication, and other
application requests. Internal systems aggregated log data and alert
appropriate employees of malicious, unintended, or anomalous activities. SIX
SIGMA SOCIAL INC personnel, including security, operations, and support
personnel, are responsive to known incidents.
Response and tracking:
SIX SIGMA SOCIAL INC maintains a record of known security incidents that
includes description, dates and times of relevant activities, and incident
disposition. Suspected and confirmed security incidents are investigated by
security, operations, or support personnel; and appropriate resolution steps
are identified and documented. For any confirmed incidents, SIX SIGMA SOCIAL
INC will take appropriate steps to minimize product and Customer damage or
unauthorized disclosure.
Communication: If SIX
SIGMA SOCIAL INC becomes aware of unlawful access to Customer data stored
within its products, SIX SIGMA SOCIAL INC will: 1) notify the affected
Customers of the incident; 2) provide a description of the steps SIX SIGMA
SOCIAL INC is taking to resolve the incident; and 3) provide status updates to
the Customer contact, as SIX SIGMA SOCIAL INC deems necessary. Notification(s)
of incidents, if any, will be delivered to one or more of the Customer's
contacts in a form SIX SIGMA SOCIAL INC selects, which may include via email or
telephone.
d) Availability
Control
Infrastructure
availability: The infrastructure providers use commercially reasonable efforts
to ensure a minimum of 99.95% uptime. The providers maintain a minimum of N+1
redundancy to power, network, and HVAC services.
Fault tolerance:
Backup and replication strategies are designed to ensure redundancy and
fail-over protections during a significant processing failure. Customer data is
backed up to multiple durable data stores and replicated across multiple availability
zones.
Online replicas
and backups: Where feasible, production databases are designed to replicate
data between no less than 1 primary and 1 secondary database. All databases are
backed up and maintained using at least industry standard methods.
SIX SIGMA SOCIAL
INC's products are designed to ensure redundancy and seamless failover. The
server instances that support the products are also architected with a goal to
prevent single points of failure. This design assists SIX SIGMA SOCIAL INC
operations in maintaining and updating the product applications and backend
while limiting downtime.
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participate in a class action or class-wide arbitration for any claims covered
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SIGMA SOCIAL INC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL SIX SIGMA
SOCIAL INC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. SIX SIGMA SOCIAL INC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
NOTICES REGARDING
SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE IN NO EVENT SHALL SIX
SIGMA SOCIAL INC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
MATERIALS PROVIDED
TO SIX SIGMA SOCIAL INC OR POSTED AT ANY OF ITS SITES
SIX SIGMA SOCIAL
INC does not claim ownership of the materials the User provides to SIX SIGMA
SOCIAL INC(including feedback and suggestions) or post, upload, input or submit
to any Services or its associated services for review by the general public, or
by the Members of any public or private community, (each a
"Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting ("Posting")
the User's Submission, the User is granting SIX SIGMA SOCIAL INC, its
affiliated companies and necessary sub-licensees permission to use the User's
Submission in connection with the operation of their Internet businesses
(including, without limitation, all SIX SIGMA SOCIAL INC Services), including,
without limitation, the license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat the User's
Submission; to publish the User's name in connection with the User's
Submission; and the right to sublicense such rights to any supplier of the
Services.
No compensation
will be paid with respect to the use of the User's Submission, as provided
herein. SIX SIGMA SOCIAL INC is under no obligation to post or use any
Submission the User may provide and SIX SIGMA SOCIAL INC may remove any
Submission at any time in its sole discretion. By Posting a Submission the User
warrants and represents to own or otherwise control all of the rights to the
User's Submission as described in these Terms of Use including, without
limitation, all the rights necessary for the User to provide, post, upload,
input or submit the Submissions.
In addition to the
warranty and representation set forth above, by Posting a Submission that
contain images, photographs, pictures or that are otherwise graphical in whole
or in part ("Images"), the User warrants and represents that (a) the
User is the copyright owner of such Images, or that the copyright owner of such
Images has granted the User permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of the
User's use and as otherwise permitted by these Terms of Use and the Services,
(b) the User has the rights necessary to grant the licenses and sub-licensees
described in these Terms of Use, and (c) that each person depicted in such
Images, if any, has provided consent to the use of the Images as set forth in
these Terms of Use, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By Posting
Images, Videos and Content the User is granting (a) to all Members of the
User's private community (for each such Images available to Members of such
private community), and/or (b) to the general public (for each such Images
available anywhere on the Services, other than a private community), permission
to use the User's Images, Videos and Content in connection with the use, as
permitted by these Terms of Use, of any of the Services, (including, by way of
example, and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive, worldwide,
royalty-free license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat the User's Images without
having the User's name attached to such Images, and the right to sublicense
such rights to any supplier of the Services. No compensation will be paid with
respect to the use of the User's Images.
DISCLAIMER OF
WARRANTY; LIMITATION OF LIABILITY
A. THE USER
EXPRESSLY AGREES THAT USE OF THE SITE IS AT THE USER'S SOLE RISK. NEITHER SIX
SIGMA SOCIAL INC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF SIX SIGMA SOCIAL INC, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH SIX SIGMA SOCIAL INC.
B. THE SITE IS
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. THE USER SPECIFICALLY ACKNOWLEDGES THAT SIX SIGMA SOCIAL INC IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES AND THAT THE RIMOF OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH THE USER.
D. IN NO EVENT
WILL SIX SIGMA SOCIAL INC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING THE SITE OR THE SIX SIGMA SOCIAL INC SOFTWARE, BE
LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SITE. THE USER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO
THE TERMS SET FORTH ABOVE NEITHER, SIX SIGMA SOCIAL INC, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT AFFILIATES SHALL BE LIABLE REGARDLESS OF THE
CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE
SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER,
OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF
THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF
ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES.
F. FORCE MAJEURE -
NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE
TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE,
FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES,
FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET
SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL
NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS
OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS
LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS
OBLIGATIONS UNDER THIS AGREEMENT.
LINKS TO THIRD
PARTY SITES
THE LINKS IN THIS
AREA WILL LET YOU LEAVE SIX SIGMA SOCIAL INC'S SITE. THE LINKED SITES ARE NOT
UNDER THE CONTROL OF SIX SIGMA SOCIAL INC AND SIX SIGMA SOCIAL INC IS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SIX SIGMA SOCIAL INC IS
NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. SIX SIGMA SOCIAL INC IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SIX
SIGMA SOCIAL INC OF THE SITE.
SIX SIGMA SOCIAL
INC is a distributor and a publisher of its own content, although some content
on the site is supplied by third parties and the Users. Accordingly, SIX SIGMA
SOCIAL INC has no more editorial control over third party content than does a
public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available
by third parties, including information providers, the Users or any other user
of SIX SIGMA SOCIAL INC, are those of the respective author(s) or
distributor(s) and not of SIX SIGMA SOCIAL INC. Neither SIX SIGMA SOCIAL INC
nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness
for any particular purpose.
In some instances,
the content available through SIX SIGMA SOCIAL INC represents the opinions and
judgments of the respective information provider, the User, or other user not
under contract with SIX SIGMA SOCIAL INC. SIX SIGMA SOCIAL INC neither endorses
nor is responsible for the accuracy or reliability of any opinion, advice or
statement made on SIX SIGMA SOCIAL INC by anyone other than authorized SIX
SIGMA SOCIAL INC employee spokespersons while acting in their official SIX
SIGMA SOCIAL INC capacity. Under no circumstances will SIX SIGMA SOCIAL INC be
liable for any loss or damage caused by a User's reliance on information
obtained through SIX SIGMA SOCIAL INC. It is the responsibility of the User to
evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through the Site. Please seek the advice of
professionals, as appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
UNSOLICITED IDEA
SUBMISSION POLICY
SIX SIGMA SOCIAL
INC OR ANY OF ITS CONSULTANTS OR EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW
PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SIX SIGMA SOCIAL INC'S PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SIX SIGMA SOCIAL
INC. SO PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SIX SIGMA SOCIAL INC OR
ANYONE AT SIX SIGMA SOCIAL INC. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US
YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SIX SIGMA
SOCIAL INC MAKES NO ASSURANCES THAT YOU'RE IDEAS AND MATERIALS WILL BE TREATED
AS CONFIDENTIAL OR PROPRIETARY.
MONITORING
SIX SIGMA SOCIAL
INC shall have the right, but not the obligation, to monitor the content of the
Site, including chat rooms and forums, to determine compliance with this
Agreement and any operating rules established by SIX SIGMA SOCIAL INC and to
satisfy any law, regulation or authorized government request. SIX SIGMA SOCIAL
INC shall have the right in its sole discretion to edit, refuse to post or
remove any material submitted to or posted on the Site. Without limiting the
foregoing, SIX SIGMA SOCIAL INC shall have the right to remove any material
that SIX SIGMA SOCIAL INC, in its sole discretion, finds to be in violation of
the provisions hereof or otherwise objectionable.
INDEMNIFICATION
The User agrees to
defend, indemnify and hold harmless SIX SIGMA SOCIAL INC's its affiliates and
their respective directors, officers, employees, consultants and agents from and
against all claims and expenses, including attorneys' fees, arising out of the
use of SIX SIGMA SOCIAL INC by the User or the User's Account.
TO CANCEL YOUR
SUBSCRIPTION, EMAIL YOUR REQUEST TO [email protected]. PLEASE NOTE:
YOUR REQUEST MUST BE EMAILED AT LEAST 7 BUSINESS DAYS PRIOR TO YOUR RENEWAL
DATE. IF YOUR REQUEST IS WITHIN 7 BUSINESS DAYS OF YOUR RENEWAL DATE, WE CANNOT
ENSURE IT WILL BE PROCESSED BEFORE YOUR RENEWAL OCCURS.
MISCELLANEOUS
This Agreement and
any operating rules for the Site established by SIX SIGMA SOCIAL INC constitute
the entire agreement of the parties with respect to the subject matter hereof,
and supersede all previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed in accordance
with the laws of Arizona, without regard to its conflict of laws rules. No
waiver by either party of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
COPYRIGHT NOTICE
SIX SIGMA SOCIAL
INC and its logos are trademarks of UBOSS LLC. All rights reserved. All other
third-party trademarks appearing on the Site are the property of their
respective owners.
ALL LINKS ARE FOR
INFORMATION PURPOSES ONLY AND ARE NOT WARRANTED FOR CONTENT, ACCURACY OR ANY
OTHER IMPLIED OR EXPLICIT PURPOSE.
THE SITE IS
COPYRIGHTED BY UBOSS LLC®, AND NO PART OF THE SITE MAY BE COPIED, OR CHANGED IN
ANY FORMAT, SOLD, OR USED IN ANY WAY. SIX SIGMA SOCIAL INC's name, design, and
related marks are the property of UBOSS LLC. @ 2021. All rights reserved.
CONTACT US
Should you have any questions or concerns about this
Privacy Policy, on our use of your information, or would like to correct
factual errors in your personal information, or in the unlikely event any of
the personal information you provided is misused, you may redress these issues
by reaching us directly at email address Email us at [email protected].
We will make reasonable effort to address your concerns and provide necessary
actions.
Privacy
Policy
PRIVACY POLICY INTRODUCTION
This privacy policy sets out rules for the collection, use
and disclosure of personal information and how SIX SIGMA SOCIAL INC uses and
protects these information that you give SIX SIGMA SOCIAL INC in the course of
commercial activity when you use the www.thegreatdiscovery.com
or www.tgdkids.com. To better protect your privacy, we provide this notice
which applies to all information collected from the SIX SIGMA SOCIAL INC
website. SIX SIGMA SOCIAL INC is committed to ensuring that your privacy is
protected. Should we ask you to provide certain information by which you can be
identified when using this website, then you can be assured that it will only
be used in accordance with this privacy statement.
SIX SIGMA SOCIAL INC may change and update this policy from
time to time, and any information we collect is not used and shared for any
other purposes set herein. This privacy policy is effective from August 1, 2022.
What Information We Collect and How We Use It.
PERSONAL INFORMATION
Personal information means any information about an
identifiable individual. It includes, without limitation, information relating
to identity, nationality, age, gender, address, telephone number, e-mail
address, date of birth, marital status, and other information relating to our
transactions with you as well as certain personal opinions or views of an
Individual. Only information which is required to make a determination of an
individual's eligibility will be collected. You may choose to restrict the
collection or use of your personal information by indicating that you do not
want the information to be used by anybody and/ or revoke previously agreed use
of your personal information for direct marketing purposes. We require this
information to understand your needs and provide you with a better service, and
in particular for the following reasons:
i.
Record-keeping;
ii. Send
instructive and promotional emails about new products, or other
information which we think you may find interesting.
iii. For
market research purposes;
iv. Or we may
use the information to customize the website according to your
requirements.
SIX SIGMA SOCIAL INC may change and update this
policy from time to time, and any information we collect is not used and shared
for any other purposes set herein. This privacy policy is effective from August
1, 2022.
SHARING AND PROTECTING YOUR INFORMATION
SIX SIGMA SOCIAL INC will not sell, distribute or lease
your personal information to other parties unless we have your permission or
are required by law to do so. To prevent unauthorized access, maintain data
accuracy, and ensure information usage, we have put into place appropriate
physical, electronic and managerial procedures to safeguard and secure these
information we collected online. We will also take reasonable steps to verify
your identity before granting access or make corrections.
USE OF COOKIES ON THIS SITE
A cookie is a small file, which often includes a unique
identifier that is sent to your computer browser from a website and is stored
on your computer's hard drive. Each website can send its own cookie to your
browser if your browser's preferences allow it. Your browser only permits a
website to access the cookies it has already sent to you, not the cookies sent
to you by other websites. Many websites do this whenever a user visits their
website in order to track online traffic flows. Our Site may send cookies to
your computer's hard drive to enhance your experience when visiting our Site,
nonetheless, we do not use so-called "surveillance" cookies that
track your activity elsewhere on the web.
If you wish to restrict or block the cookies which are set
by a website, you can do this through your browser settings. The Help function
within your browser should help you how. Alternatively, you may wish to visit
AboutCookies.org which contains a guide to deleting and controlling cookies.
USE OF ACTIVE X ON THIS SITE
Active-X programs and Java applets are executable programs
transferred to your computer's hard drive that cause your computer to perform
functions in connection with your visit to a Web site. Our Site does not
transfer any Active-X programs or Java applets to your computer’s hard drive.
USE OF THIRD PARTY MEDIA AND RESEARCH COMPANIES
Our Site does not run non-affiliated third-party
advertisements, nor do we use third-party media and research companies to place
advertisements on our behalf, on other parties’ Web sites.
LINK TO OTHER WEBSITES
Our website may contain links to other websites of interest.
However, once you have used these links to leave our site, you should note that
we do not have any control over that other website. Therefore, SIX SIGMA SOCIAL
INC cannot be held responsible for the protection and privacy of any
information which you provide whilst visiting such sites, and such sites are
not governed by this privacy statement.
We strongly suggest that you should exercise caution and be
keen at the privacy statement applicable to the website in question.
CONTACT US
Should you have any questions or concerns about this
Privacy Policy, on our use of your information, or would like to correct
factual errors in your personal information, or in the unlikely event any of
the personal information you provided is misused, you may redress these issues
by reaching us directly at email address Email us at [email protected].
We will make reasonable effort to address your concerns and provide necessary
actions.
Refund Policy
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE
CONTACT THE SIX SIGMA SOCIAL INC IMMEDIATELY AT 480
515-0890 OR [email protected]
WITHIN 48 HOURS OF ACTIVATION FOR A FULL REFUND IN ACCORDANCE WITH OUR REFUND
POLICY. AFTER 48 HOURS YOU WILL BE LEGALLY BOUND BY THE TERMS OF THIS
AGREEMENT.
CONTACT US
Should you have any questions or concerns about this
Privacy Policy, on our use of your information, or would like to correct
factual errors in your personal information, or in the unlikely event any of
the personal information you provided is misused, you may redress these issues
by reaching us directly at email address Email us at [email protected].
We will make reasonable effort to address your concerns and provide necessary
actions.