may have signed a modified version. See paragraph 2 above, Notice to Subscriber
1. License: Alacra, Inc. hereby grants User (hereafter "Subscriber") a non-exclusive,
non-transferable license to access and use Alacra: its Internet search technology,
software and web site via the World Wide Web, through the http://www.alacra.com
website and other designated websites ( collectively "the Service"). The Service
contains links to other Web sites ("Site Links"), Web pages and services ("the Site"
or "the Sites") and premium Databases and Services ("the Premium Services") (collectively
"the Content"), operated and/or owned by Alacra, Inc., by its licensed content providers
("Licensors"), or by entities which do not contract directly with Alacra, Inc. but
provide services and content independently over the Web ("Content Providers"). Subscriber's
if any, contained within each Site, which Subscriber is responsible for accessing
and complying with. If any of the terms and conditions contained in these Terms
any particular Site, then those Site specific terms and conditions shall control
the use of that Site; however, no site specific terms shall in any way change the
terms of this Agreement as to rights and obligations between Alacra, Inc. and Subscriber.
Access to and use of the Premium Databases and Services are subject to a separate
Agreement and separate fees. Subscriber may use the Service and Content in the internal
operation of its organization only. Use of the Service or Content other than in
the internal operation of Subscriber's organization ("External Use") is subject
to a separate Agreement and separate fees. The license granted hereby may not be
assigned, transferred or sublicensed without the prior written consent of Alacra,
Inc., its Licensors or the Content owner. Subscriber shall not sell, lease, sublicense,
assign, export, retransmit, publish, reproduce, reverse engineer, disassemble, decompile,
otherwise attempt to discern the source code, modify or otherwise transfer in any
manner the Service, any underlying software, technology or other Content in any
form without the prior written permission of Alacra, Inc., the Licensor or Content
Provider thereof. Alacra, Inc. assumes no responsibility for the results of use
of the Service, Content, software available from the Sites, or any offensive or
otherwise objectionable Content. Subscriber assumes total responsibility and risk
of use of the Service and Content.
2. Subscriber Access, Identification and Privacy: Alacra, Inc. may assign
each Subscriber a Subscriber identification code and password in order to access
the Service or access may be arranged through Subscriber's intranet. If Subscriber's
identification or password has been revealed to a person not expressly authorized
by Subscriber to use it, Subscriber shall immediately notify Alacra, Inc. by telephone
or e-mail, confirming such notice in writing. Upon receipt of such notice, Alacra,
Inc. will, as promptly as practicable, freeze access to the Service for that Subscriber
identification code and password and will assign Subscriber a new Subscriber identification
code and password. Subscriber gives Alacra, Inc. the right to use certain aggregate
information contained in information provided by Subscriber or data related to Subscriber's
use of the Service, provided that such information will not include identifying
information, except as authorized by Subscriber. Alacra, Inc. reserves the right
to provide such identifying information to third parties when such action is reasonably
necessary to comply with applicable laws, legal process or to enforce this Agreement.
Alacra, Inc. may place "Cookies" on Subscriber's systems to effectuate more efficient
delivery of the Service and Content.
3. Access and Force Majeure: Alacra, Inc. will use reasonable efforts to
make the Service available 24 hours a day, 365 days a year. Alacra, Inc. reserves
the right to add to or remove any parts of the Service at any time without prior
notice. Alacra, Inc. shall not be responsible for any failure to perform, or delay
in performance, in whole or in part, due to unforeseen circumstances or circumstances
beyond Alacra, Inc.'s control, including but not limited to acts of God, war, riot,
embargoes, acts of civil or military authority; communication line, server or Internet
failures, attacks or viruses; fire, flood, accidents, strikes, shortages of fuel,
labor or materials.
4. Proprietary Rights in the Service: Subscriber acknowledges that the Service
and Content are proprietary to Alacra, Inc. or its Licensors or Content Providers;
that copyrights, trademarks, product or service names, brand names, company names,
and logos appearing in the Service or Content are the property of their respective
owners; that the Service, and Content shall remain the exclusive property of Alacra,
Inc., such Licensors or Content Providers; and that Subscriber has no rights therein
other than as expressly set forth herein. Subscriber agrees to prevent the unauthorized
access, duplication, distribution, modification or other use of the Service and
Content. Use of any third party software that is provided or used with the Service
or Content is included for use at Subscriber's option, and all such use shall be
governed by such third party's license and not by this Agreement.
5. Invoices, Payment and Taxes: Subscriber shall pay Alacra, Inc. for the
Service fees shown on the order form and for all subsequent invoices for access
and use of the Service and Content. All invoices from Alacra, Inc. are due upon
receipt. Subscriptions (other than pre-paid subscriptions) are billed every month
for actual use. Alacra, Inc. reserves the right to cancel this agreement at any
time without prior notice for failure to pay. Overdue amounts shall bear interest
at a rate of 1.5% per month, but no greater than the maximum permitted by law. Subscriber
is responsible for all sales, use, property or similar taxes and all customs, VAT,
tariffs, duties or similar import fees applicable to the transactions described
herein and attorney's and service fees resulting from collections of overdue invoices.
6. Term: Alacra, Inc. grants to Subscriber a license to use the Service for
a one (1) year period commencing on the start date set forth in this Agreement.
7. Warranty Disclaimer, Limitation of Liability, Indemnification: THIS SERVICE
AND CONTENT, INCLUDING BUT NOT LIMITED TO, ANY CONTENT, SITE, SITE-LINK OR ANY SITE-RELATED
SERVICE, OR ANY PRODUCT OR SERVICE ACCESSED, LICENSED OR PURCHASED THROUGH THE SERVICE,
OR ANY SOFTWARE USED IN OR DOWNLOADED FROM THE SITE, IS PROVIDED "AS IS." Alacra,
Inc., ITS LICENSORS AND CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, WITH RESPECT TO THE FOREGOING, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. Alacra, Inc. MAKES NO WARRANTY THAT THE SERVICE AND CONTENT WILL
MEET SUBSCRIBER'S REQUIREMENTS OR THAT USE OF THE SERVICE AND CONTENT WILL BE ACCURATE,
COMPLETE; ERROR, DEFECT OR VIRUS FREE; UNINTERRUPTED, OR SECURE. SUBSCRIBER SHALL
BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR
LOSS OR DAMAGE TO DATA. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF
THE CONTENT OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, LICENSOR,
OR CONTENT PROVIDER OF THAT CONTENT OR SERVICE, AND NOT BY Alacra, Inc.. SUBSCRIBER
AGREES, AND SHALL REQUIRE ANY THIRD PARTY WHO USES THE SERVICE OR CONTENT THROUGH
SUBSCRIBER ("THIRD PARTY USER"), TO AGREE THAT IN NO EVENT SHALL Alacra, Inc. OR
ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR THE RESULTS OF SUBSCRIBER'S OR
THE THIRD PARTY'S USE OF THE SERVICE OR CONTENT, FOR ITS INABILITY OR FAILURE TO
CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
DATA, DAMAGED COMPUTER SYSTEMS OR FILES, OR LOST PROFITS WHETHER IN TORT (INCLUDING
NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
ALACRA, INC.'S SOLE LIABILITY TO SUBSCRIBER AND THIRD PARTY USERS FOR ANY AND ALL
CLAIMS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER
STATUTE, IN EQUITY, AT LAW OR OTHERWISE, WILL NOT EXCEED THE LESSER OF THE AGGREGATE
AMOUNT PAID BY SUBSCRIBER FOR SERVICE IN THE PRECEDING TWELVE (12) MONTH PERIOD
OR FIVE THOUSAND DOLLARS ($5,000), EVEN IF Alacra, Inc. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY
AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS
OF OTHER REMEDIES. SUBSCRIBER AGREES TO DEFEND AND HOLD Alacra, Inc., ITS LICENSORS
AND CONTENT PROVIDERS HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES OR LIABILITY
(INCLUDING ATTORNEY'S FEES) ASSERTED AGAINST Alacra, Inc. OR ITS LICENSORS OR CONTENT
PROVIDERS AS A RESULT OF USE OF THE SERVICE OR CONTENT UNDER THIS AGREEMENT BY SUBSCRIBER
OR A THIRD PARTY USER . The provisions of this paragraph shall survive any termination
of this agreement.
8. Exceptions to Exclusions and Limitations: Some states do not allow the
exclusion or limitation of implied warranties or of incidental or consequential
damages, so the above limitations may not apply. Subscriber may also have other
rights which vary from state to state.
9. Export Controls and Subscriber Representations: Subscriber may not export
or re-export any underlying software, technology or other Content accessed through
the Service, except in full compliance with this Agreement and all U.S. and other
applicable laws and regulations. In particular, but without limitation, none of
the underlying information or technology may be downloaded or otherwise exported
or re-exported (i) into (or to a national or resident of) any U.S. embargoed country
or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's or State Department's Table of Denial
Orders. Subscriber represents and warrants that it is not located in, under the
control of, or a national or resident of any such country or on any such list. Subscriber
agrees to indemnify and hold harmless and defend Alacra, Inc. against any and all
liability arising from or relating to Subscriber's breach of this Section .
10. Governing Law and Severability: Any questions concerning the validity,
construction, or performance of this agreement shall be governed by the internal
laws of the State of New York, or, where there is no applicable state law, the law
of the U. S., without regard to the principles of conflict of laws and as if this
Agreement was a contract wholly entered into and wholly performed within the State
of New York. The parties agree to exclusive jurisdiction of the Federal or State
Courts in the County and State of New York and waive any jurisdictional, venue or
inconvenient forum objections to such courts.. This Agreement shall not be governed
by the United Nations Convention on Contracts for the International Sale of Goods.
If any provision of this Agreement is held by a court of competent jurisdiction
to be invalid, such provision shall be reformed to as nearly as possible approximate
the intent of the parties and all other provisions shall remain in full force and
11. Miscellaneous: (a)This Agreement, including the Schedules and any amendments
thereto constitutes the entire agreement of the parties on the subject matter hereof,
and all prior agreements and all prior written or oral understandings shall be deemed
to be superseded hereby. No waiver, alteration, or modification of any of the provisions
hereof shall be binding unless in writing and signed by authorized representatives
of Alacra, Inc. and Subscriber or provided by Alacra, Inc. to Subscriber electronically
with notice of modification and request for electronic acceptance. Alacra, Inc.
may be required to 'pass through' additional terms to Subscriber as a result of
a separate agreement between Alacra, Inc. and a Licensor or Content Provider. Failure
of Subscriber to electronically accept such 'pass through' terms may result in denial
of access to certain Services or Content or termination of this Agreement. (b) Alacra,
Inc. may assign or transfer its interest in this Agreement. The Subscriber may not
assign or transfer its interest in the Agreement without Alacra, Inc.'s prior written
consent. (c) Headings in this Agreement are included for convenience or reference
only and shall not constitute a part of this Agreement for any other purpose. (d)
No suit or action shall be brought against Alacra, Inc., its Licensors or Content
Providers more than one (1) year after the accrual of the cause of action therefor.
(e) Licensors and Content Providers may invoke the provisions hereof against any
claims by the Subscriber, any Third Party User of the Service or Content, or any
other Party's claims arising out of or in connection with this Agreement.
Our Commitment to Privacy
Alacra, Inc. ("ALACRA") is committed to protecting your privacy. This
policy sets forth the privacy and data protection policy of ALACRA and describes,
among other things, how ALACRA collects, uses, handles and discloses personal information.
ALACRA has elected to adhere to the Safe Harbor Privacy Principles and the Frequently
Asked Questions (collectively, the "Safe Harbor Principles") established
by the United States Department of Commerce in consultation with the European Commission
with respect to certain personal information that it receives in the United States
from or about European Union ("EU") residents. Information about ALACRA's
adherence to the Safe Harbor Principles can be found in the section set forth below
entitled "Safe Harbor Participation".
The Information We Collect and Receive
ALACRA operates various world wide websites, including, but not limited to,
and www.alacrablog.com (the "Site(s)"),
which enable individuals to access, purchase and/or download business information
and data. When you browse or access an ALACRA Site, ALACRA may collect the following
types of information:
- Information you provide directly, including personal information, when you register
or make an online order; inquire about ALACRA products or business development opportunities;
request ALACRA sales, support or other services; subscribe to an ALACRA service;
elect to receive e-mail, information or other alerts from ALACRA; or send us e-mail
messages. For example, as a result of these actions, you might supply us with such
information as your name, address, company name, e-mail address, telephone number,
credit card information and anything else you choose to include in an e-mail message
to our customer service department.
- Passively collected information, including through the use of "cookies"
described below, such as IP addresses, web browser and operating system information,
date and time of visits, and the web pages your Internet browser visits when browsing
an ALACRA Site; and
- Aggregate, non personally-identifiable information, such as the number of hits per
week or per web page.
The ALACRA Sites are general audience web sites and are not directed to children.
It is our intention to adhere to the Children's Online Privacy Protection Act, and
ALACRA does not knowingly collect personally identifiable information about children
under the age of thirteen (13).
ALACRA also provides professional services to business clients (the "Services").
Some of these services occasionally require that ALACRA, pursuant to a contract
with such business clients, process such clients' data for the purpose of fulfilling
the contracted services. The client data processed by ALACRA may include personally
identifiable information about a client's customers or other individuals. This information
is collected, supplied and/or controlled by ALACRA's business clients, not by ALACRA.
ALACRA's business clients, and not ALACRA, are responsible for providing or maintaining
the accuracy or completeness of the data or information provided to ALACRA as part
of the contract to provide professional Services.
"Cookies" are small text files that store information about your interactions
with a particular website, either temporarily (known as a "temporary"
or "session" cookie, and deleted once you close your browser window) or
more permanently on the hard drive of your computer (known as a "permanent"
or "persistent cookie"). Cookies can make it easier to use a website by
allowing servers to access certain information quickly. The Sites may use both session/temporary
cookies and persistent/permanent cookies to store information that allows us to
offer you better customer service and to navigate through a Site with ease. To make
a Site easier to use, we combine information collected via cookies with personally
identifiable information. Note that if you configure your browser to reject cookies,
you might not be able to access important functions or areas of a Site or enjoy
certain conveniences at a Site.
The Way We Use Information
ALACRA uses personal information collected online in the following ways:
- For information you provide online, either directly through our Sites or through
e-mail messages, relating to the purchase, download or ordering of products, or
requests for support or services, we use the information to engage in and process
transactions with you, respond to your inquiries and requests, and provide customer
- For information you provide online, including actions or clicks from hyperlinks,
we use the information to notify you of relevant new products, to notify you of
promotional activities, and to analyze and notify you of products most appropriate
for you by customizing future communications and web pages in accordance with communication
preferences you have established with ALACRA.
- For some information you provide online, we use the information for in-house research
to improve our understanding of customer needs and product development, build marketing
profiles, and aid strategic development. All results of such research and analysis
will by anonymized or aggregated and will not reveal any personal information or
other personal facts about individual users.
- For some registration, e-mail and use data you provide, we may direct you to particular
web pages, customize the web pages you see, or otherwise increase the relevance
of the information you receive.
- For information about web pages visited, page hits per week, and the like, we use
this information internally to improve the design of our web pages.
- For information submitted using the online job application process, we may use and
disseminate this information internally as necessary to consider your application
and to contact you regarding our decision.
Where ALACRA receives data and information, including personal information of individuals,
in furtherance of the Services it provides to its business clients, ALACRA processes
such data and information solely in accordance with the applicable contract and
solely on behalf, and for the benefit, of that business client. ALACRA does not
in any manner access or use any information or data, including personal information
of individuals, it processes pursuant to such contracts with its business clients
as part of its own business.
When We Share Customer Information
ALACRA will not rent, sell or otherwise disclose personal information with other
people or companies, except under the following circumstances:
- We may share your personal information for business purposes only on a need-to-know
basis and only with: (i) our own employees; (ii) business partners; (iii) ALACRA
subcontractors, consultants, and third-party service provider companies that have
agreed to safeguard such information in a like manner to the way that ALACRA safeguards
such information and that have signed confidentiality agreements with ALACRA; and
(iv) other entities authorized to have access to such information under applicable
laws or regulations. ALACRA does not share non-public individually identifiable
information with third-party marketers;
- We may disclose your personal information in response to judicial or other legal
process (including the issuance of a valid subpoena), to protect our rights or property,
We shall have no duty to notify you of such compliance with the law; and
- We may disclose or transfer your personal information in the event ALACRA is acquired
by or merges with another company. In this event, ALACRA shall provide notice of
We will not use or share information in ways unrelated to those described above
without first notifying you and offering you a choice as to whether or not we may
use your data in this different manner.
Our Commitment to Data Security
ALACRA takes reasonable and appropriate measures to maintain the confidentiality
and integrity, and prevent the unauthorized use or disclosure, of an individual's
personal information. This includes maintaining a system of appropriate administrative,
physical and technical safeguards to secure such information.
Links to Unaffiliated Third Party Websites
The Sites may contain links to unaffiliated third party websites. If you link to
or otherwise visit any other websites managed by third parties, please review the
privacy policies posted at those sites. ALACRA has no control over those websites
and is not responsible or liable for the policies and practices followed by third
How You Can Access or Correct Your Information
If you have created an online profile with ALACRA through one of our Sites, you
can update or correct your profile or contact information by accessing your account
or by contacting ALACRA.
You can also request access to your personal information that we collect online
and maintain, and update or correct that information, through e-mailing firstname.lastname@example.org
and security, we will take reasonable steps to verify your identity before granting
access or making corrections. We may keep information in an off-line form, for archival
purposes or as otherwise required by law. Please note that if your information is
removed from our databases, you may no longer be able to access certain areas of
our Sites. Individuals may request to be removed from an ALACRA e-mail list by following
the "unsubscribe" instructions on e-mails from ALACRA or by sending a request to
Your California Privacy Rights
Beginning January 1, 2005 under California's "Shine the Light" law, California residents
who provide personal information in obtaining products or services for personal,
family or household use are entitled to request and obtain from us once a calendar
year information about the customer information we shared, if any, with other businesses
for their own direct marketing uses. If applicable, this information would include
the categories of customer information and the names and addresses of those businesses
with which we shared customer information for the immediately prior calendar year
(e.g., requests made in 2005 will receive information regarding 2004 sharing activities).
To obtain this information on behalf of ALACRA, please send an e-mail message to
email@example.com with "Request for California
Privacy Information" on the subject line and in the body of your message. We will
provide the requested information to you at your e-mail address in response, where
when they are posted on our Site. The date of the newest version will be posted
below. Please check back frequently, especially before you submit any personal information
posted at the time of your use.
have stored about you, please contact our Chief Privacy Officer, by sending an e-mail
message to firstname.lastname@example.org with the subject
Privacy Officer at:
100 Broadway, Suite 1101
New York, New York 10005
Attn: Chief Privacy Officer
SAFE HARBOR PARTICIPATION STATEMENT
ALACRA adheres to the Safe Harbor Privacy Principles and the Frequently Asked Questions
(collectively, the "Safe Harbor Principles") established by the United
States Department of Commerce in consultation with the European Commission. Compliance
with the Safe Harbor Principles ensures that personal information shared with ALACRA
from the European Union is provided "adequate" protection. Confirmation
of ALACRA's "self-certification" and of its adherence to the Safe Harbor
Principles can be found at: http://www.export.gov/safeharbor/index.html.
As detailed above, ALACRA operates various world wide websites (the "Site(s)"),
which enable individuals to access, purchase and/or download business information
and data. When an individual user browses or accesses an ALACRA Site, ALACRA may
collect personal information. ALACRA also provides professional services to business
clients (the "Services"). For those business clients who engage ALACRA
to provide Services, ALACRA may be required, as part of its contractual obligation,
to process personal information, including personally-identifiable information,
provided to ALACRA by such business clients. In such cases, ALACRA acts merely as
a data processor.
The Safe Harbor is based on the following seven Principles:
ALACRA collects, processes, and discloses personal information in the ordinary course
of its business.
ALACRA Sites: When you browse or access an ALACRA Site, ALACRA may collect personal
information. Generally, however, you have the choice of whether to provide personal
information to ALACRA. If you do, you are prompted only for certain basic or necessary
information, such as your name, company name (if applicable(, address, e-mail address,
telephone number and credit card information (also if applicable). You will not
need to disclose and ALACRA does not collect or use any "sensitive" personal
information, such as your social security number, medical or health condition, age,
racial or ethnic origin, sex, religion, or political affiliation. ALACRA may also
collect information that you choose to include in an e-mail message to our customer
service department, your IP address, web browser and operating system information,
date and time of visits, the web pages your Internet browser visits when browsing
an ALACRA Site, and the number of hits per week or per web page.
ALACRA may use the information you provide us for the following purposes: (i) fulfillment
and tracking of orders; (ii) providing services and support; (iii) tracking of payments
and otherwise ensuring payment; (iv) assessing performance and making assessments
about future purchases; (v) performing direct marketing activities; (vi) improving
our Sites; and (vii) otherwise communicating information regarding ALACRA products
or services (where permitted by law). For information submitted using the online
job application process, ALACRA may use and disseminate this information internally
as necessary to consider your application and to contact you regarding our decision.
ALACRA also may disclose personal information as necessary in connection with the
sale or transfer of all or part of its business, where required by law, where ALACRA
believes that such disclosures are appropriate in connection with a law enforcement
request or otherwise permitted by the Safe Harbor Principles, or in order to investigate,
prevent or take action regarding illegal activities or suspected fraud or enforce
or apply ALACRA agreements.
ALACRA Services: In certain situations, ALACRA may obtain incidental access to information,
including personal information, about its business clients' customers and other
individuals in connection with professional Services ALACRA provides to business
clients. These business clients act as the data controller for such information,
including information collected in the EU and subsequently transferred to ALACRA
in the United States. ALACRA acts as a data processor on behalf and for the sole
benefit of a particular business client and processes such data and information
solely in accordance with the applicable contract with that business client. ALACRA
does not in any manner access or use any information or data, including personally-identifiable
information of individuals, it processes pursuant to such contracts with its business
clients as part of its own business. Further, as a data processor for its clients,
ALACRA does not inform individuals about the purposes for which their personal information
is collected and used by such business clients, but rather relies on its business
clients to provide any required notices.
ALACRA Sites: When you visit an ALACRA Site, you always have a choice as to whether
you wish to provide your personal information to ALACRA. By choosing not to provide
your personal information, you can "opt out" of having any such information
(i) disclosed by ALACRA to a non-agent third party; or (ii) used by ALACRA for a
purpose other than the purpose for which it was originally collected or subsequently
authorized by you. Please note, however, that if you choose not to provide certain
personal information to ALACRA, you may be prevented from making a purchase or taking
advantage of other features and benefits of an ALACRA Site. Also, should ALACRA
directly collect Sensitive Personal Information (as defined in the Safe Harbor Principles)
from individuals through one of its Sites, to the extent applicable and required
by the Safe Harbor Principles, ALACRA will offer individuals the choice to opt-in
to having their sensitive personal information (i) disclosed to a non-agent third
party; or (ii) used for a purpose other than the purpose for which it was originally
ALACRA Services: When ALACRA acts as a data processor for its business clients,
ALACRA does not offer individuals a choice regarding the purposes for which their
personal information is collected and used by such business clients. ALACRA relies
on its business clients to provide and comply with any required options.
ALACRA may disclose and/or personal information to its employees, business partners,
subcontractors, consultants, and third-party service providers. ALACRA shall obtain
reasonable assurances from its employees, business partners, subcontractors, consultants,
and third-party service providers that they will treat and safeguard any personal
information shared with them in a manner consistent with this Statement.
Security is extremely important to ALACRA. Accordingly, ALACRA takes reasonable
security precautions to protect personal information it collects and processes from
loss, misuse and unauthorized access, disclosure, alteration and destruction. ALACRA
safeguards information according to established security standards and periodically
assesses new technology for improved methods of protecting information.
With regard to the ALACRA Sites, ALACRA takes reasonable measures to verify that
personal information it collects is relevant for its intended use, reliable for
its intended use, accurate, complete and current. As a data processor for business
clients, ALACRA does not typically collect, access or use the personal information
provided by its business clients, and ALACRA relies on its business clients to ensure
that personal information is relevant for the purposes for which it is used, reliable
for its intended use, accurate, complete and current.
ALACRA provides individuals from whom it directly collects information through an
ALACRA Site the opportunity to access, review and correct their own personal information,
and otherwise provides such individuals access to personal information in accordance
with the Safe Harbor Principles. Any personal information contained in the Services
provided by ALACRA to its business clients as a data processor is under the ownership
and control of the particular business client contracting the Service. ALACRA is
not authorized to access or change any such personal information, and the burden
and expense for ALACRA to identify individuals and provide access for them to correct,
amend or delete information would be disproportionate to the risks to the individuals'
privacy, and would possibly violate ALACRA's contractual obligations to its business
ALACRA will monitor and conduct periodic assessments to verify its adherence to
this Statement. ALACRA will investigate suspected infractions and will take all
appropriate action. If you have any questions, concerns or complaints regarding
ALACRA's collection or processing of personal information pursuant to this Safe
Harbor Statement, please contact our Chief Privacy Officer, by sending an e-mail
message to privacy@Alacra.com. Alternatively, you can contact our Chief Privacy
100 Broadway, Suite 1101
New York, New York 10005
Attn: Chief Privacy Officer
Additional information may be obtained on the U.S. Department of Commerce website
ALACRA will conduct a reasonable investigation of, and will attempt to resolve any
complaints in accordance with the principles set forth in this Statement. For complaints
that cannot be resolved between ALACRA and complainant, ALACRA agrees to cooperate
with the European Union Data Protection Authorities, participate in the dispute
resolution procedures of the panel established by the European Data Protection Authorities
to resolve disputes pursuant to the Safe Harbor Principles, and comply with advice
from such Authorities that ALACRA needs to take specific action to comply with the
Safe Harbor Principles. ALACRA also agrees to accept the jurisdiction of the U.S.
Federal Trade Commission under Section 5 of the Federal Trade Commission Act.
ALACRA reserves the right to change this Safe Harbor Statement at any time with
or without notice in accordance with the Safe Harbor Principles. Any modified Statement
will be posted on ALACRA's Sites for public viewing.
Effective date of this Safe Harbor Statement: April 24, 2009