Last Updated: 4/18/2024

Shift Left Community Privacy Policy

 

The following Shift Left Community Agreement (“Agreement”) constitutes a legal agreement between the company or entity on whose behalf you are entering into this Agreement (“Company”) and Protegrity USA, Inc., a Delaware corporation (“Licensor”), with its principal office at 333 Ludlow Street, South Tower, 8th Floor, Stamford CT 09602. Company’s use of the Community is subject to this Agreement.

BY ACCEPTING THIS AGREEMENT (THE DATE OF SUCH ACCEPTANCE, THE “EFFECTIVE DATE”), COMPANY AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE INDIVIDUAL ACCEPTING THIS AGREEMENT ON BEHALF OF COMPANY REPRESENTS THAT SUCH INDIVIDUAL HAS THE AUTHORITY TO BIND COMPANY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF SUCH INDIVIDUAL DOES NOT HAVE SUCH AUTHORITY OR DOES NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS SET FORTH HEREIN, HE OR SHE MUST NOT ACCEPT THIS AGREEMENT AND COMPANY MAY NOT USE THE COMMUNITY.

WHEREAS; Company has requested an opportunity to evaluate Protegrity’s Community; and

WHEREAS; Protegrity is willing to provide access to the Community to employee users of Company (each an “End User,” and, together with Company, collectively “Customer”) for such limited purpose under the terms and conditions specified in this Agreement.

1. Shift Left Community. The Shift Left Community (“Community”) is a collaborative environment that allows Customer to work with others to deliver data security and privacy.

2. License to Access the Community.

2.1 Protegrity will provide Customer a non-exclusive, non-transferable license to use and access the Community, as further described in Attachment A hereto. Each End User is responsible for all access to the Community using its respective log-in credential. Company shall ensure each End User shall maintain the security of its respective log-in details and may not share such credentials with any other employee or person.

2.3 Company shall ensure that each End-User complies with all restrictions and terms of this Agreement and agrees to be fully liable for all of their actions in violation of this Agreement. Further, Company shall ensure each End-User understands and agrees to abide by the rules and policies set forth in Attachment A hereto.

Confidential Information. Customer agrees not to copy in any manner or otherwise duplicate, distribute or otherwise disclose to any third party, either directly or indirectly, any materials or content from the Community or any information concerning any portion of the Community (collectively, “Confidential Information”). Customer agrees not to disclose or distribute the Confidential Information in violation of the provisions of this Agreement.

Customer shall keep in strictest confidence and trust all Confidential Information and shall not disclose any Confidential Information to any other entity or person, except an End User, or use any Confidential Information for its own benefit or for the benefit of another, except for the limited purposes of evaluating the Community, without the express written consent of Protegrity. Customer agrees not to alter, modify, disassemble, reverse engineer or decompile any of the materials unless permitted in writing by Protegrity, and shall not copy such materials unless reasonably required in furtherance of evaluating the Community.

Customer shall (i) notify Protegrity immediately of any unauthorized possession, use, threat to use, or knowledge of the Confidential Information, (ii) promptly furnish full details of such possession, use or knowledge to Protegrity, and (iii) cooperate with Protegrity in any action against third parties as may be deemed necessary by Protegrity to protect its proprietary rights in the Confidential Information.

All Confidential Information shall remain the exclusive property Protegrity. Customer shall return or destroy, and shall cause its End Users to return or destroy, all copies, transcriptions or other reproductions of, and any notes related to, the Confidential Information to Protegrity upon either (i) the evaluation of the Community, (ii) termination of this Agreement or (iii) receipt of a written notice from Protegrity requesting return of the Confidential Information.

Nothing in this Agreement is intended to or shall grant to Customer or any End User any license or other right of any nature to the use of any of the Confidential Information of Protegrity except for use of the Confidential Information in connection with evaluating the Community.

Protegrity shall not be deemed to have made any representation or warranty to the Customer concerning the accuracy or completeness of any Confidential Information, except to the extent that such representation or warranty may be expressly set forth in a definitive agreement concerning any subsequent business relationship.

3. Ownership. Customer agrees and acknowledges that Protegrity and its suppliers are the owners of all right, title and interest in and to all materials, content and services of and within the Community and any deliverables, all modifications, corrections and derivative works thereof, and all intellectual property therein, and that Customer shall not obtain or claim any ownership interest in the Community (or any portion thereof) or deliverables, any modification, correction or derivative work thereof, or any intellectual property therein. Customer shall not obscure, alter or remove any patent, copyright, trademark or service mark marking or legend contained on or in the Community.

Furthermore, Customer acknowledges and agrees that any comments, suggestions, modifications, improvements, ideas or similar feedback (collectively, “Feedback”) provided by Customer, whether disclosed orally or in writing, as it relates to the Community is provided voluntarily and Protegrity shall own all rights, title and interest in and to such Feedback.

4. Restrictions. Customer shall not translate, adapt, reverse-engineer, decompile, create derivative works, disassemble, insert malicious code, or modify the any , deliverables, services, content or other materials provided in conjunction with the Community part for any purpose. Customer shall comply with all applicable laws and regulations relating to the use of the Community.

5. Reservation of Rights. Protegrity and/or its licensors reserve all rights not expressly granted herein, and Customer shall have no other rights or licenses with respect to the Community, deliverables or other intellectual property rights of Protegrity. The rights granted under this Agreement are granted only to Customer and may not be assigned or transferred to any other party.

6. Term and Termination of this Agreement.

7.1 Effective Date. This Agreement shall become effective on the Effective Date and Customer’s End-Users shall have a license to access the Community until either party terminates this Agreement, which either party may terminate without cause upon7 days prior written notice. Upon expiration, Customer’s End-Users shall cease all use of the Community, return and/or delete all tangible materials containing or including any items of Confidential information owned by Protegrity and destroy all tangible materials created by Customer which incorporate or include such Confidential information owned by Protegrity, and at Protegrity’s request, provide to Protegrity an affidavit attesting to such return, deletion or destruction.

7.2 Termination by Protegrity. This Agreement may be terminated immediately by Protegrity if Customer fails to comply with any term of this Agreement.

7.3 Other rights. Rights of termination under this Section shall be without prejudice to any other rights or remedies whether subsisting by virtue of this Agreement or otherwise.

7.4 Survival. Those clauses intended to survive shall survive termination of this Agreement.

8. No Warranty. The Community, and all deliverables, content and materials delivered within are provided to Customer “as is”, for evaluation and testing purposes only, and Protegrity makes no warranty, whether express or implied, and expressly disclaims all warranties, including without limitation, all warranties of merchantability or fitness for a particular purpose.

9. Export Laws. Customer shall comply with all applicable laws and regulations. Customer further represents and warrants that it is not, and is not owned or controlled by any person or entity identified on the U.S. Department of Commerce Bureau of Industry (“BIS”) Entity List, BIS Denied Parties List, or the Specially Designated Nationals List administered by the U.S. Department of Treasury Office of Foreign Assets Control, and Customer warrants that the Community will be not be used in any end-use prohibited under the Export Administration Regulations, including without limitation, in the design or manufacture of chemical, biological, nuclear weapons (weapons of mass destruction) or missile systems.

10. Limitation of Liability. PROTEGRITY SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE COMMUNITY OR RELATED MATERIALS.

11. Miscellaneous

11.1 No Waiver. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

11.2 Assignments. Neither this Agreement nor any rights, obligations or licenses granted hereunder may be assigned or delegated by Customer without the prior written consent of Protegrity.

11.3 Amendment. This Agreement shall not be amended or modified except in writing by duly authorized representatives of the parties.

11.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force.

11.5. Entire Agreement. This Agreement forms the entire understanding of the parties with respect to the matters dealt within it and supersedes all previous agreements, understandings and negotiations between them. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely upon and shall have no remedy in respect of any statement, representation, warranty or understanding of any person unless expressly set out in this Agreement.

11.6 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware, USA, without regard to its conflicts of laws principles.

Attachment A

Please see Protegrity’s Privacy Policy, which applies to this Agreement and the Shift Left Community. A copy can be found here: Legal Privacy Notice (protegrity.com)

The Shift Left Community shall offer, including but not limited to the following services, content and resources

  • · Services:
    • Engagement with Protegrity account staff
    • Engagement with Protegrity technical staff
  • Solution-Centric Content:
    • Code snippets
    • API Documentation
    • Packaged scripts
    • SDK Guides
    • Implementation guides
    • Configuration Guides
    • FAQs
  • Educational resources
    • How-to guides
    • Product overviews
    • Webinars
    • Discussion Forums
    • Protegrity documentation

Shift Left Community Rules and Policies

In order to make the Shift Left Community a successful community environment and a place for everyone to share and learn from each other, we’ve outlined some of the basic rules and policies, to which must be adhered:

  1. End-User shall not post any personal, propriety and/or confidential data of the company for which End-User is employed
  2. Protegrity has the right to review, edit, publish and remove all End-User submitted content (topics, comments, replies, quotes, votes, etc.)
  3. Posting and participating in any discussion forums is optional, and Protegrity is not required to respond to user posts
  4. No use of profanity
  5. Posts submitted that include slander, defamatory statements and/or offensive content will not be published – this includes user profile avatars
  6. Spam, phishing, and malicious materials (viruses, trojans, etc.) are prohibited

Protegrity reserves the right to remove access to the Shift Left Community for any End-User who violates the above rules and policies, or any other policy of Protegrity in its sole discretion.