Miraget Subscription Terms of Service
This Miraget Subscription Terms of Service (“Agreement“) is entered into by and between the Miraget Ltd set forth below (“Miraget“) and the entity or person placing an order for or accessing any Services (“Customer” or “you“). If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” or “Customer” reference your company.
This Agreement permits Customer to purchase subscriptions to online software-as-a-service products and other services from Miraget pursuant to any Miraget ordering documents, online registration, order descriptions or order confirmations referencing this Agreement (“Order Form(s)“) and sets forth the basic terms and conditions under which those products and services will be delivered. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement.
The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to any Service (as defined below) through any online provisioning, registration or order process or (b) the effective date of the first Order Form referencing this Agreement.
As used in this Agreement, “Miraget ” means Miraget Ltd., a London company with registered address at Kemp House, 152-160 City Rd, London EC1V 2NX, United Kingdom.
Modifications to this Agreement : From time to time, Miraget may modify this Agreement. Unless otherwise specified by Miraget, changes become effective for Customer upon renewal of Customer’s current Subscription Term (as defined below) or entry into a new Order Form. Miraget will use reasonable efforts to notify Customer of the changes through communications via Customer’s account, email or other means. Customer may be required to click to accept or otherwise agree to the modified Agreement before renewing a Subscription Term or entering into a new Order Form, and in any event continued use of the Services after the updated version of this Agreement goes into effect will constitute Customer’s acceptance of such updated version. If Miraget specifies that changes to the Agreement will take effect prior to Customer’s next renewal or order (such as for legal compliance or product change reasons) and Customer objects to such changes, Customer may terminate the applicable Subscription Term and receive as its sole remedy a refund of any fees Customer has pre-paid for use of the applicable Services for the terminated portion of the Subscription Term.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING ANY SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE ANY SERVICES. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT. THIS AGREEMENT CONTAINS MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE READ IT CAREFULLY.
“Affiliate” means any entity under the control of Customer where “control” means ownership of or the right to control greater than 50% of the voting securities of such entity.
“Contractor” means an independent contractor or consultant who is not a competitor of Miraget.
“Customer Data” means any data of any type that is submitted to the Services by or on behalf of Customer, including without limitation: (a) data submitted, uploaded or imported to the Services by Customer (including from Third Party Platforms) and (b) data provided by or about People (including chat and message logs) that are collected from the Customer Properties using the Services.
“Customer Properties” means Customer’s websites, apps, or other offerings owned and operated by (or for the benefit of) Customer through which Customer uses the Services to communicate with People.
“Dashboard” means Miraget’s user interface for accessing and administering the Services that Customer may access via the web or the Miraget Apps.
“Documentation” means the technical user documentation provided with the Services.
“Feedback” means comments, questions, suggestions or other feedback relating to any Miraget product or service.
“Miraget App” means any mobile application or desktop client software included in the applicable Service that is made available by Miraget.
“Laws” means all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data.
“People” (in the singular, “Person“) means Customer’s end user customers, potential customers, and other users of and visitors to the Customer Properties.
“Permitted User” means an employee or Contractor of Customer or its Affiliate who is authorized to access the Service.
“Sensitive Personal Information” means any of the following: (i) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (“PCI DSS“); (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA“); or (iii) any other personal data of an EU citizen deemed to be in a “special category” (as identified in EU General Data Protection Regulation or any successor directive or regulation).
“Services” means Miraget’s proprietary software-as-a-service solution(s), including the Dashboard, Miraget application programming interfaces (APIs), Miraget Code and Miraget Apps, as described in the applicable Order Form.
“Taxes” means any sales, use, GST, value-added, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of Miraget.
“Third-Party Platform” means any software, software-as-a-service, data sources or other products or services not provided by Miraget that are integrated with Services as described in the Documentation.
2. Miraget Services
2.1. Services Overview. Miraget’s Services are a suite of Lead Generation and Cloud Data Sync software-as-a-service solutions offered through a single platform. The Services are designed to enable Customer to detect visitors to their website, synchronize cloud data, and to provide a Dashboard for accessing and managing Customer Data regarding those People. Customer may import and export Customer Data between the Services and certain Third-Party Platforms through supported integrations. The Services also include Miraget Code deployed on Customer Properties to enable the service and provide live configuration functionality.
2.2. Provision of Services. Each Service is provided on a subscription basis for a set term designated on the Order Form (each, a “Subscription Term“). Miraget may also offer Professional Services (as defined in Section 12) related to certain Services. Customer will purchase and Miraget will provide the specific Services and related Professional Services (if any) as specified in the applicable Order Form.
2.3. Access to Services . Customer may access and use the Services solely for its own benefit and in accordance with the terms and conditions of this Agreement, the Documentation and any scope of use restrictions designated in the applicable Order Form (including without limitation the number of People tracked). Use of and access to the Services is permitted only by Permitted Users. If Customer is given API keys or passwords to access the Services on Miraget’s systems, Customer will require that all Permitted Users keep API keys, user ID and password information strictly confidential and not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. If Customer is accessing the Services using credentials provided by a third party (e.g., Google), then Customer will comply with all applicable terms and conditions of such third party regarding provisioning and use of such credentials. Customer will be responsible for any and all actions taken using Customer’s accounts and passwords. If any Permitted User who has access to a user ID is no longer an employee (or Contractor, as set forth below) of Customer, then Customer will immediately delete such user ID and otherwise terminate such Permitted User’s access to the Service. The right to use the Services includes the right to deploy Miraget Code on Customer Properties in order to enable messaging, chat and similar functionality and to collect Customer Data for use with the Services as further described below.
2.4. Miraget Plugins. To the extent Miraget provides Miraget Plugins for use with the Services, subject to all of the terms and conditions of this Agreement, Miraget grants to Customer a limited, non-transferable, non-sublicensable, non-exclusive license during any applicable Subscription Term to use the object code form of the Miraget Plugins internally, but only in connection with Customer’s use of the Service and otherwise in accordance with the Documentation and this Agreement.
2.5. Deployment of Miraget Code. Subject to all of the terms and conditions of this Agreement, Miraget grants to Customer a limited, non-transferable, non-sublicensable, non-exclusive license during any applicable Subscription Term to copy the Miraget Code in the form provided by Miraget on Customer Properties solely to support Customer’s use of the Service and otherwise in accordance with the Documentation and this Agreement. Customer must implement Miraget Code on the Customer Properties in order to enable features of the Services. Customer will implement all Miraget Code in strict accordance with the Documentation and other instructions provided by Miraget. Customer acknowledges that any changes made to the Customer Properties after initial implementation of Miraget Code may cause the Services to cease working or function improperly and that Miraget will have no responsibility for the impact of any such Customer changes.
2.6. Contractors and Affiliates. Customer may permit its Contractors and its Affiliates’ employees and Contractors to serve as Permitted Users, provided Customer remains responsible for compliance by such individuals with all of the terms and conditions of this Agreement, and any use of the Services by such individuals is for the sole benefit of Customer.
2.7. General Restrictions. Customer will not (and will not permit any third party to): (a) rent, lease, provide access to or sublicense the Services to a third party; (b) use the Services to provide, or incorporate the Services into, any product or service provided to a third party; (c) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Miraget); (d) copy or modify the Services or any Documentation, or create any derivative work from any of the foregoing; (e) remove or obscure any proprietary or other notices contained in the Services (including without limitation (i) the “Powered by Miraget” designation that may appear as part of the deployment of the Services on Customer Properties and (ii) notices on any reports or data printed from the Services); or (f) publicly disseminate information regarding the performance of the Services.
2.8. Miraget APIs. If Miraget makes access to any APIs available as part of the Services, Miraget reserves the right to place limits on access to such APIs (e.g., limits on numbers of calls or requests). Further, Miraget may monitor Customer’s usage of such APIs and limit the number of calls or requests Customer may make if Miraget believes that Customer’s usage is in breach of this Agreement or may negatively affect the Services (or otherwise impose liability on Miraget).
2.9. Trial Subscriptions. If Customer receives free access or a trial or evaluation subscription to the Service (a “Trial Subscription“), then Customer may use the Services in accordance with the terms and conditions of this Agreement for a period of fourteen (14) days or such other period granted by Miraget (the “Trial Period“). Trial Subscriptions are permitted solely for Customer’s use to determine whether to purchase a paid subscription to the Services. Trial Subscriptions may not include all functionality and features accessible as part of a paid Subscription Term. If Customer does not enter into a paid Subscription Term, this Agreement and Customer’s right to access and use the Services will terminate at the end of the Trial Period. Miraget has the right to terminate a Trial Subscription at any time for any reason. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MIRAGET WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS WITH RESPECT TO TRIAL SUBSCRIPTIONS.
2.10. Copyright. You agree not to obtain or modify our source code. Anything downloaded from our site, including code tags, is our property and must be used according to our instruction and must be removed upon request.
2.11. Restrictions. We will not provide our service to any site that we deem inappropriate. This includes sites that fall within the following categories:
- Sexual – This includes sites that may include, but is not limited to, content that is inappropriate for children, including; full or partial nudity, depiction of a sexual or lewd act, escort services, prostitution, selling of sexual toys, clothing or media, explicit promotion of a certain sexual behavior, any art depicting such or containing a link to such a site.
- Discriminatory – This includes sites that demeans, harasses, threatens, promotes hatred, or shows discrimination against any group based on race, gender, beliefs, or nationality or any other site that we consider offensive.
- Violent – This includes sites that depict violence, promotes violence, promotes destruction of other’s property, offers to sell or provide information on how to execute a violent act or make, assemble, or obtain illegal weapons.
- Illegal – This includes content that contains or provides any of the following: controlled substances, illegal drugs, illegal weapons, illegal gambling, illegal goods, pirated materials, programs to attack others, instructions on making, assembling, or obtaining illegal goods or weapons, violation of copyrights or trademark, information on how to acquire or perform one of these things or performs, promotes or facilitates any other illegal act.
- Unethical – This includes sites that have been promoted or otherwise uses spam, has viruses, spyware, worms, Trojan horses, or otherwise harmful code. This also includes any site that contains, promotes or links to warez, cracks, hacks, pirated downloads, violates any third party right or any other type of piracy.
3. Termination of Contract
3.1. Termination by the Customer. You may stop using this service at any time (by logging into your account and selecting the option to cancel) and your account will not automatically renew when your subscription period ends.
3.2. Termination by Miraget. At any time and without notice, Miraget may discontinue service for (i) any breach of this agreement (ii) to follow any applicable laws or regulations, (iii) if the user fails to make payments, (iv) if we believe that any trial subscriber is attempting to take advantage of multiple free trials.
4.1 Liability. The Miraget service is provided to you “as is”. Although we have stringent processes in place, we make no warranty as to the functionality, condition, quality, performance, or fitness for a particular purpose or use. By agreeing to these terms and conditions, you accept that Miraget is not responsible for:
- Inaccuracy – Miraget supplies data that is believed to be accurate at the time of page impression. Miraget makes no guarantee as to the accuracy, correctness or completeness of any information, although we continually endeavour to sanitise and monitor data gathered to a very high quality.
- Interruption of Service – Miraget makes no guarantees as to the availability of your statistics, although we do operate a service hosted on multiple servers, monitored to try to ensure high availability. However, we cannot guarantee 100% availability, due to factors including but not limited to maintenance and denial of service attacks.
- Security – Miraget is not responsible if a third party gains access to any of your statistics as a result of them accessing your own website or internal systems.
- Speed – Miraget makes no guarantee as to the loading speed of our code tags or production of reports.
- Damage – Miraget is not responsible for any losses or damages resulting from the use of our products.
5. Cancellation, Returns and Refunds Policy
5.1. Cancellation. You are welcome to fully evaluate Miraget services for 14 days, before you would need to purchase a subscription in order to continue using the system. Miraget reserves the right to cancel a purchase at any time and to fully refund the purchase cost.
6.1. Changes To This Agreement. Miraget may periodically make changes to these terms and conditions. In the event of any changes, all paying subscribers will be notified (by email to the named contact on the account) of the changes made and, if required, subscribers will be able to terminate the service immediately, including a pro rata refund of subscription costs, if not in agreement of the changes. This agreement will be enforced in accordance with England’s laws. By accepting the terms and conditions, you may use our service. If you have any questions then we would be happy to hear from you.
7.1 This Agreement. This agreement constitutes the entire agreement between Miraget and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Miraget or by the posting by Miraget of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the the United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in London, England. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Chartered Institute of Arbitration in London by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in London, England in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Anymail finder may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
8. Contacting Us
8.1 Contact. If there are any questions regarding our terms of service you may contact us using the information below.
152-160 City Rd,
London EC1V 2NX2
(+44) 0203 195 3825
Miraget operates a lead generation platform, which we make available as a service using a web application platform at http://leads.miraget.com (the “Service”), including the other websites under the miraget.com domain (collectively, the “Sites”) and as a product using a plugin (the “Service”, “MiragetLeads”). Miraget also operates a cloud data synchronisation service, which we make available as a product using a plugin (the “Service”, “MiragetConnector”).
This Policy applies to both, our Sites and our Service. Terms used in this Policy have the same meaning as in our Terms of Service, unless otherwise defined in this Policy. Please read this Policy to learn more about the ways in which Miraget protects the privacy of all the users (“User” or “Users”) of the Sites and the Service.
Miraget is the data controller of the Personal Information we hold about you.
1. Personal Information We Collect
1.1. Essential Account Data
We receive Personal Information directly from you when you provide it to us as part of creating an account, including at least:
- First Name
- Last Name
- Email address
These data are processed in order to provide you with the Service and secure access to your account.
If you choose not to provide Essential Account Data, we may not be able to provide the Service to you or respond to your other requests.
1.2. Contact Information
We may collect contact information for both present and prospective customers including name, address, phone number, title and company name, from various sources, including offline marketing activities.
We process this information for marketing purposes and to provide support to present and prospective customers.
1.3. Billing Information
All primary payment data is collected and retained by our subprocessors for this information, PayPal, Inc. and Stripe, Inc. We retain only the record of invoice number, customer name, website, and the billing address.
Billing information and payment records are processed in order to provide Service to our paid customers and to comply with legal and contractual requirements.
1.4. Connection Data
If you access our Sites or Service through a third-party connection or log-in or connect an application to the Service, that third party you connected with may pass certain information about your use of its service to the Service. This information could include, but is not limited to, the username associated with your account, an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that third-party service.
Connection Data is processed in order to provide application connectivity, which is part of the Service.
1.5. Online Form, Email and Chat Data
When you fill out an online form, or engage in email or online chat communications with us, you may voluntarily supply us contact and other information and we may also retain a record of any communications with you or activities you perform.
Data from these sources is processed in order to supply you with information that you request from us, and may be used for direct marketing and analytic purposes.
1.6. Information We Receive From Third Party Sources
Some third parties provide us with Personal Information about you, such as the following:
- Account information for third party services: If you interact with a third party service when using our Service, such as if you share content from our Service through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service.
We may also receive information associated with your use of the website from third-party software:
- Augmented tracking data: If you visit our Sites and your email or other identifying data is known from interactions with our own Sites or with other websites, then our third-party service providers may supply additional information to us, associated with your website usage history. This information could include your name, social media user id(s) and profiles, if known and publicly available.
We process this information in order to better understand our Users and improve our Service, and may use it for direct marketing purposes.
1.7. Information We Automatically Collect When You Use Our Service
2. Information we collect about your website visitors
With regards to data that we collect once our tracker code has been installed, we collect the following related to each visitor to your website:
- The IP address from where they are located.
- Geolocation (this is only collected if the visitor to your website has actively chosen to share their location).
- Data connected to the page that the user is visiting (this may include movement from page to page or movement within pages).
- Referrer URL (where identifiable, the website that the visitor was on before visiting your website).
- Their Screen Resolution, Operating System, Browser and Device Type.
We do not collect personal information about any of your website visitors.
3. Use and Disclosure of Personal Information
Miraget may use Personal Information provided to operate, improve upon, and personalize the Service, for billing identification and authentication, to contact and communicate with you about the Service and your use of the Service, to support use of the Service, to send marketing materials (subject to your opt-out option), for research purposes, and to generally improve the content and functionality of the Service. We may also combine your Personal Information with third-party analytics information to build a broader profile of our Users so that we can serve you better and provide custom, personalized content and information. Additionally, we may use the Personal Information we collect for identification and authentication and fraud prevention, to analyse Sites usage and improve the Service, for internal market research, troubleshooting problems, to enforce our Terms of Service, and as otherwise set forth in this Policy. Note that we will never email you to ask for your account information; if you receive such an email, please forward it to firstname.lastname@example.org.
Miraget may use your cell phone number to call or text you in order to provide the Service. If you would like more information about our policy, or to opt out, please review our Terms of Service.
We use financial information solely as authorized by you in accordance with the Service, in order to process your payments.
3.1. Third-Party Processors
Miraget shares Personal Information with its third party service providers (such as its credit card processors and hosting partners) to provide the necessary hardware, software, networking, storage, and other services we use to operate the Service and maintain a high quality user experience.
We use third party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, and other information that assists us in improving the Service.
Miraget may store Personal Information in third-party marketing, CRM and mail-management software, in order to facilitate interactions with Users.
The list of currently used sub-processors:
|Amazon Web Services||Cloud infrastructure||United States||https://aws.amazon.com/|
|PayPal||Payment Processing||United States||http://www.avangate.com/|
|Stripe||Payment Processing||United States||https://www.sendinblue.com/|
In all situations where Miraget discloses Personal Information to third parties acting as service providers or “agents” on behalf of Miraget, Miraget will require the recipient to protect and only use Personal Information in accordance with this Policy. We do not permit our service providers to use the Personal Information we share for their marketing purposes.
3.2. Analytics and Logs
We may collect and use the analytic information from our own systems and from third parties together with your Personal Information to build a broader profile of our individual Users so that we can serve you better.
Miraget gathers certain information automatically and stores it in log files. This information includes internet protocol addresses as well as browser, internet service provider, referring/exit pages, search terms, operating system, date/time stamp, and clickstream data. Occasionally, we may collect Personal Information to information gathered in our log files, as necessary to improve the Service for individual customers. Otherwise, we generally use this information as we would any Usage Data, to analyze trends, administer and maintain the Service, or track usage of various features within the Service.
3.3. Other Information Sharing
In addition to the purposes described above, we disclose Personal Information to respond to subpoenas, court orders, on legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or our Terms of Service, or as otherwise required by law. We may share information, including Personal Information with any member of Miraget which includes any entity that controls, is controlled by, or under common control with Miraget.
4. Storing and Transferring Your Personal Information
We implement appropriate technical and organisational measures to protect your personal information against accidental or unlawful destruction, loss, change or damage. All personal information we collect will be stored on our secure servers. All electronic transactions entered into via our Sites and the Service will be protected by SSL encryption technology. We will never send you unsolicited emails or contact you by phone requesting your account ID, password, credit or debit card information or national identification numbers.
The Service is hosted in the United States (“U.S.”) through Miraget and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Service, you acknowledge that any Personal Information about you, regardless of whether provided by you or obtained from a third party, will be hosted on U.S. servers, and you authorize Miraget to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. pursuant to (i) a data processing agreement incorporating standard data protection clauses promulgated by the EC, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087, (ii) binding corporate rules for data protection that align with the GDPR’s requirements, or (iii) adherence to an industry- or technology-specific approved code of conduct blessed by the EC.
5. Cookies and Similar Technologies
5.1. What are Cookies
Cookies are pieces of code that allow for personalisation of our Sites experience by saving your information such as user ID and other preferences. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes.
5.2. Cookies we Use
We use the following types of cookies:
- First-Party Cookies. We utilize session cookies, which allow us to uniquely identify your browser while you are logged in and to process your online transactions. Session cookies disappear from your computer when the web browser is closed or computer is turned off. Session cookies are required for site operation. We also utilize persistent cookies to make it easier to log into and use the Service. Persistent cookies remain on computers after the web browser is closed or the computer is turned off.
- Third Party Cookies. These cookies provide information that is used to the help us understand how our Sites are being used, to measure the effectiveness of marketing campaigns, and to help customize the Sites for you. Information gathered from third-party cookies and from your browser can include:
- IP address
- Device identifiers
- Web browser information
- Hardware and software information
- Page view statistics
- Browsing history
- Usage information
- Location information
- Time of access
5.3. Managing Cookies
If you only want to limit third party advertising cookies, you can turn such cookies off by visiting the following links (please bear in mind that there are many more companies listed on these websites than those that drop cookies via our Sites):
- Your Online Choices http://www.youronlinechoices.com/
- Digital Advertising Alliance http://www.aboutads.info/consumers/.
6. Links to Third Party Sites
The Service and the Sites contain links to websites and applications other than the Sites and the Service, including websites and applications operated by affiliates and other third parties. Please be aware that we do not determine and we are not responsible for the privacy practices or content of websites and applications operated by third parties. Your browsing and interaction on any third party website or service, including those that have links on our Sites, are subject to that third party’s own rules and policies. We encourage you to be aware when you leave the Service or the Sites, and read the privacy statements of third party websites and applications linked to the Sites or Service. Miraget does not endorse and is not responsible for the practices of third parties or their websites or applications. In addition, you agree that we are not responsible for and we do not control any third parties that you authorize to access your User content. If you are using a third party website or service and you allow such a third party access to your User content, you do so at your own risk. This Policy applies only to information collected by the Service.
7. Your Rights in Respect of Your Personal Information
You have certain rights with respect to your Personal Information, including those set forth below. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Information, if necessary to verify your identity and the nature of your request.
- Access: You can request more information about the Personal Information we hold about you and request a copy of such Personal Information. You can also access certain of your Personal Information by accessing your account settings or contacting us at email@example.com.
- Rectification: If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by accessing your account settings or contacting us at firstname.lastname@example.org.
- Erasure: You can request that we erase some or all of your Personal Information from our systems.
- Withdrawal of Consent: If we are processing your Personal Information based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
- Portability: You can ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
- Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Information for certain purposes.
- Restriction of Processing: You can ask us to restrict further processing of your Personal Information.
- Right to File Complaint: You have the right to lodge a complaint about Company’s practices with respect to your Personal Information with the supervisory authority of your country or EU Member State.
8. Data Retention
Miraget will retain Personal Information we process on behalf of our customers or collect directly from our customers for as long as needed to provide Service to our customers, subject to our compliance with this Policy. We may further retain and use this Personal Information as necessary to comply with our legal obligations, maintain accurate accounting, financial and other operational records, resolve disputes, and enforce our agreements. We have established internal policies for the deletion of data from customer accounts following termination of a customer’s subscription to the Service.
9. Our Policy Towards Children
Miraget does not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Policy by instructing their children never to provide Personal Information on our Service without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to Miraget through our Service, please contact us, and we will use commercially reasonable efforts to delete that information from our databases.
10. How we protect customer information
As required by the Data Protection Act 1998, we follow strict security procedures in the storage and disclosure of information you have given to us. If we provide information to a third party (typically a provider of a product or service) we will exercise the strictest control over the third party contractually, requiring it to:
- Maintain the security and confidentiality of the information and restrict access to those of its own employees.
- Use the data for the agreed purpose only and prevent it being used for any other purpose by any other party.
- Refrain from communicating with you other than concerning the product in question.
In addition, we will restrict the information disclosed to the absolute minimum necessary, for example, to provide the product or service.
11. Changes to This Policy
12. Contact Us
Miraget Security Policy
At Miraget we take the protection of customer data extremely seriously. This Miraget Security Policy describes the organizational and technical measures Miraget implements platform wide designed to prevent unauthorized access, use, alteration or disclosure of customer data. The Miraget services operate on Amazon Web Services (“AWS”); this policy describes activities of Miraget within its instance on AWS unless otherwise specified.
Our infrastructure and security team includes people who’ve played lead roles in designing, building, and operating highly secure Internet facing systems at companies ranging from startups to large public companies.
Incident Response Plan
- We have implemented a formal procedure for security events and have educated all our staff on our policies.
- When security events are detected they are escalated to our emergency alias, teams are paged, notified and assembled to rapidly address the event.
- After a security event is fixed we write up a post-mortem analysis.
- The analysis is reviewed in person, distributed across the company and includes action items that will make the detection and prevention of a similar event easier in the future.
- Miraget will promptly notify you in writing upon verification of a security breach of the Miraget services that affects your data. Notification will describe the breach and the status of Miraget ’s investigation.
Build Process Automation
- We have functioning, frequently used automation in place so that we can safely and reliably rollout changes to both our application and operating platform within minutes.
- We typically deploy code dozens of times a day, so we have high confidence that we can get a security fix out quickly when required.
- All of our services run in the cloud. Miraget does not run our own routers, load balancers, DNS servers, or physical servers.
- All of our services and data are hosted in AWS facilities in the USA and Ireland and protected by AWS security, as described at http://aws.amazon.com/security/sharing-the-security-responsibility. Miraget services have been built with disaster recovery in mind.
- All of our infrastructure is spread across 2 AWS data centers (availability zones) and will continue to work should any one of those data centers fail unexpectedly. Amazon does not disclose the location of its data centers. As such, Miraget builds on the physical security and environmental controls provided by AWS. See http://aws.amazon.com/security for details of AWS security infrastructure.
- All of our servers are within our own virtual private cloud (VPC) with network access control lists (ACL’s) that prevent unauthorized requests getting to our internal network.
- Miraget uses a backup solution for datastores that contain customer data.
- All customer data is stored in the USA and Ireland.
- Customer data is stored in multi-tenant datastores; we do not have individual datastores for each customer. However strict privacy controls exist in our application code that are designed to ensure data privacy and to prevent one customer from accessing another customer’s data (i.e., logical separation). We have many unit and integration tests in place to ensure these privacy controls work as expected. These tests are run every time our codebase is updated and even one single test failing will prevent new code being shipped to production.
- Each Miraget system used to process customer data is adequately configured and pathed using commercially-reasonable methods according to industry-recognized system-hardening standards.
- All data sent to or from Miraget is encrypted in transit using 256-bit encryption.
- Our API and application endpoints are TLS/SSL only and score an “A+” rating on SSL Labs’ tests. This means we only use strong cipher suites and have features such as HSTS and Perfect Forward Secrecy
- Miraget is served 100% over https. Miraget runs a zero-trust network.
- There are no corporate resources or additional privileges from being on Miraget’s network.
- We have two-factor authentication (2FA) and strong password policies on GitHub, Google, AWS and Miraget to ensure access to cloud services are protected.
Permissions and Admin Controls
- Miraget enables permission levels to be set for any employees with access to Miraget.
- Permissions and access can be set to include app settings, billing, user data, or the ability to send/edit manual messages and auto messages.
- On an application level, we produce audit logs for all activity, ship logs to our service providers for analysis.
- All access to Miraget applications is logged and audited.
- All actions taken on production consoles or in the Miraget application are logged.
- All payment instrument processing for purchase of the Miraget services is performed by Stripe and PayPal.
- Managing your own user accounts and roles from within the Miraget services.
- Protecting your own account and user credentials by using two-factor authentication for all of your employees accessing the Miraget services.
- Compliance with the terms of your services agreement with Miraget, including with respect to compliance with laws.
- Promptly notifying Miraget if a user credential has been compromised or if you suspect possible suspicious activities that could negatively impact security of the Miraget services or your account.
- You may not perform any security penetration tests or security assessment activities without the express advance written consent of Miraget.
Service Level Agreement
This Miraget Service Level Agreement (“SLA”) accompanies the Miraget Subscription Terms of Service, available at https://miraget.com/terms-and-policy/or a successor URL (the “Agreement”) entered into between you (“Customer”) and Miraget. Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the Agreement.
- Target Availability. Miraget will use commercially reasonable efforts to make each Service available with an uptime of 99.8% of each calendar month (“Target Availability”).
- Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) use of the Service by Customer in a manner not authorized in this Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of Miraget’s reasonable control; (c) Customer’s equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; or (e) Scheduled Maintenance or reasonable emergency maintenance.
- Scheduled Maintenance. “Scheduled Maintenance” means Miraget’s scheduled routine maintenance of the Services for which Miraget notifies Customer at least twenty-four (24) hours in advance. Scheduled Maintenance will not exceed eight (8) hours per month. Miraget typically performs Scheduled Maintenance once per month.
- Remedy for Failure to Meet Target Availability. If there is a verified failure of a Service to meet Target Availability in two (2) consecutive months, then Customer may terminate the applicable Subscription Term by sending written notice of termination within thirty (30) days after the end of the second such month, in which case Miraget will refund to Customer any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. This termination and refund right is Customer’s sole and exclusive remedy, and Miraget’s sole and exclusive liability, for Miraget’s failure to meet the Target Availability.
You are billed monthly or annually for each service based on:
- the Miraget products in your subscription, and
- the plan you select (i.e., Premium or Elite)
These are the “Pricing Metrics” that are used to calculate your bill. We bill you each month in advance based on what your Pricing Metrics were on the last day of the prior month.
Payments and Renewals
General Terms. Optional paid services such as extra capacity, or additional information are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay us the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Automatic Renewal. Unless you notify us before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the “My Account” section of the Website.