Legal & Privacy Terms
Any material, information or other communication you transmit to this Site will be considered non-confidential and non-proprietary communications. SirsiDynix will have no obligations with respect to the communications. SirsiDynix and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Use of Services and Materials
COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED EXCEPT TO ANY EXTENT ALLOWED BY A RELEVANT LICENSE AGREEMENT. Software users agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from SirsiDynix. Software users agree to use the SirsiDynix products only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries).
The Software and any other Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights. Except as expressly provided in the relevant End User Agreement, SirsiDynix and its suppliers do not grant any further express or implied rights to use the Software. The trademarks, logos and service marks (collectively the “Marks”) displayed on this Site and in the Software are the property of SirsiDynix or third parties. You are not permitted to use the Marks without the prior consent of SirsiDynix or the third party that may own the Marks.
Use of Software
You shall not use, download or install any Software that is accompanied by or includes a End User Agreement unless you agree to the terms of such End User Agreement. Unless the accompanying End User Agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between these Terms and the End User Agreement provided with such Software, the End User Agreement shall take precedence in relation to that Software.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this server ("Server") must be obtained first by sending a request to SirsiDynix.
The information on this service is provided "as is" with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. SirsiDynix makes no warranties or representations regarding the accuracy or completeness of the information. Any information about competitive products is not to be used or distributed where prohibited by law.
Restricted Rights Legend
Any Software downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. SirsiDynix and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this Server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. SirsiDynix and its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The documents and related graphics published on this Server may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. SirsiDynix and/or its respective suppliers may make improvements and changes in the product(s) or the program(s) described herein at any time.
Links to Third Party Sites
Some of the links available on this site will let you leave SirsiDynix 's site. The linked sites are not under the control of SirsiDynix and SirsiDynix is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Such third party sites are governed by their own terms and data privacy policies, not those of SirsiDynix. SirsiDynix is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SirsiDynix of the site.
The Software and Services are controlled, operated and administered by SirsiDynix from its offices in the United States of America. SirsiDynix makes no representation that the SirsiDynix products are appropriate or available for use at locations outside the United States. Access to the SirsiDynix products from jurisdictions where the SirsiDynix products are illegal is prohibited. SirsiDynix reserves the right to block access to SirsiDynix products by certain international users. If you access the Site from a location outside the United States, you are responsible for compliance with all local Laws.
Limitation of Liability
In no event shall SirsiDynix, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if SirsiDynix has been advised of the possibility of such damages, or based on any theory of liability, including without limitation breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Site. Nothing in the terms shall limit or exclude SirsiDynix’s liability for gross negligence or intentional misconduct of SirsiDynix or its employees, or for death or personal injury. SirsiDynix’s aggregate liability and that of its affiliates and suppliers under or in connection with these Terms and this Site shall be limited to One Thousand United States Dollars ($1,000). This limitation will apply even if SirsiDynix has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law in your jurisdiction. Some jurisdictions prohibit the exclusion or limitation of liability for incidental, consequential or punitive damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
Notification of Copyright Infringement
SirsiDynix respects the Intellectual Property Rights of others and expects its users to do the same. SirsiDynix will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing or disabling access to the allegedly infringing content.
Export Control Laws
You acknowledge and agree that SirsiDynix products are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, reexport, or transfer SirsiDynix products or technology, either directly or indirectly, to any country in violation of such laws and regulations.
Resolution of Disputes
All matters relating to your access to, or use of, the Services or Materials shall be governed by the Laws of the State of Utah, United States of America without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against SirsiDynix must be resolved by a court located in Utah County, Utah, United States of America except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located in Utah County, Utah, United States of America for the purpose of litigating such claims or disputes. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. All claims you bring against SirsiDynix must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, SirsiDynix may recover attorneys’ fees and costs, provided that SirsiDynix has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or Materials in violation of the Terms you agree that SirsiDynix shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Any rights not expressly granted herein are reserved.
DESCRIPTION OF THE ACTIVITIES WHEN PERSONAL INFORMATION IS RECEIVED FROM CLIENT.
Notification of Changes
Enforcement of this Privacy Statement
If Client has questions regarding this statement; Client should first contact SirsiDynix by e-mail at legal@SirsiDynix.com. Should you not receive acknowledgement of your inquiry or Client inquiry has not been satisfactorily addressed, Client should then contact the privacy administrator in the Legal Department.
SAFE HARBOR PRIVACY STATEMENT
SIRSI CORPORATION DBA SIRSIDYNIX
This Statement describes how SirsiDynix collects and uses certain personally identifiable information that it receives in the United States from the European Union and Switzerland ("EU and Swiss Personal Data"). In particular, SirsiDynix recognizes that the European Union and Switzerland have established strict protections regarding the handling of EU and Swiss Personal Data, and SirsiDynix therefore has elected to adhere to the US-EU Safe Harbor Privacy Principles and US-Switzerland Safe Harbor Privacy Principles (together, the "Safe Harbors") with respect to such EU and Swiss Personal Data that it receives in the United States. For further background and information about the Safe Harbors, and to see SirsiDynix’s representation on the Safe Harbor List, please refer to the U.S. Department of Commerce's website at www.export.gov/safeharbor.
Categories of Individual Data Subjects
In general, SirsiDynix may obtain EU and Swiss Personal Data in the United States about several different types of individuals, including (i) website visitors, and (ii) clients, suppliers, and business partners, and (iii) SirsiDynix's own employees. SirsiDynix's practices with respect to each of these types of individual data subjects are described below.
Clients, Suppliers, and Business Partners
SirsiDynix may obtain various types of EU and Swiss Personal Data about patrons of our clients, suppliers, and business partners. Such data may include contact information (names, titles, addresses, phone and fax numbers, and e-mail addresses); information about products and services ordered or provided; financial and payment information; user ID, passwords, and information collected through Internet-based and e-commerce activities, and other transaction-related data. SirsiDynix may use these types of EU and Swiss Personal Data for business purposes, including to deliver or provide products or services; to trouble-shoot server problems, to establish or maintain client and business relationships; to provide access to Internet-based and e-commerce activities; to perform accounting functions; and to conduct other activities as necessary or appropriate in connection with the servicing and development of the business relationship. Patrons, employees and agents of our clients, business partners, and suppliers may contact us if any of their EU and Swiss Personal Data changes, or if they would like to access and correct EU and Swiss Personal Data that we maintain about them. Such persons can also contact us by sending an e-mail to the SirsiDynix Legal/Privacy Office, or by using the information at the end of this privacy statement. Also, to the extent that any of these individuals receive marketing communications from SirsiDynix, and wish to unsubscribe or otherwise stop receiving such communications, they can contact us at our website: email@example.com.
SirsiDynix employees located in the European Union should consult with their local human resources manager to obtain information about SirsiDynix's practices with respect their EU and Swiss Personal Data. Online job applicants to SirsiDynix should also consult any additional terms that apply when they submit their applications and/or resumes.
Other Necessary Disclosures
SirsiDynix may disclose EU and Swiss Personal Data to business partners and subcontractors as necessary in connection with the performance of requested services or solutions, or as otherwise appropriate in connection with a legitimate business need. SirsiDynix may also disclose EU and Swiss Personal Data as necessary in connection with the servicing the software and hardware of the business. In these situations, SirsiDynix will require the recipient of the data to protect the data in accordance with the relevant principles in the Safe Harbors, or otherwise take steps to ensure that the EU and Swiss Personal Data is appropriately protected. SirsiDynix may also disclose EU and Swiss Personal Data where required or permitted by law, or where SirsiDynix believes that such disclosures are appropriate in connection with a law enforcement request.
Data Security and Integrity SirsiDynix has global hosting centers that store and process EU and Swiss Personal Data in locations in the United States, including Utah. SirsiDynix takes reasonable precautions to protect EU and Swiss Personal Data in these centers and in other locations in the United States from loss, misuse and unauthorized access, disclosure, alteration, and destruction. SirsiDynix also makes reasonable efforts to keep EU and Swiss Personal Data accurate, current, and complete, and reliable for its intended use.
SirsiDynix participates in the EU Safe Harbor Privacy Framework as set forth by the United States Department of Commerce. As part of our participation in the safe harbor, we have agreed to TRUSTe dispute resolution for disputes relating to our compliance with the Safe Harbor Privacy Framework. If you have any complaints regarding our compliance with the Safe Harbor you should first contact us (as provided above). If contacting us does not resolve your complaint, you may raise your complaint with TRUSTe by Internet at http://watchdog.truste.com/pvr.php?page=complaint&url=fax at415-520-3420, or mail at Watchdog Complaints, TRUSTe, 55 2nd Street, 2nd Floor, San Francisco, CA, USA 94105. If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: the name of company, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the company. For information about TRUSTe or the operation of TRUSTe's dispute resolution process, see http://watchdog.truste.com/pvr.php?page=complaint&url=or request this information from TRUSTe at any of the addresses listed above. The TRUSTe dispute resolution process shall be conducted in English. For human resources data we have agreed to cooperate with Data Protection Authorities.
If you have any questions about this Safe Harbor Privacy Statement, or if you would like to request access to EU and Swiss Personal Data that we may maintain about you, please contact us as follows:
Attention: Legal Department / Privacy Office
3300 North Ashton Blvd Suite 500
Lehi, UT 84043
Any questions regarding this Safe Harbor Privacy Statement should first be directed to the SirsiDynix contact above. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you may then contact the local data protection authorities in your EU member state or Switzerland for further information.