Terms & Conditions
The following sets forth the terms and conditions on which Itemize Corp. provides its services and the terms and conditions on which users agree to use the services. In these Terms of Service, we refer to Itemize Corp., a Delaware corporation, as “Itemize,” “we” or “our” and we refer to a subscriber to our services as “you” or “user.”
Eligibility of Users
You must be of legal age to enter into a binding contract in the place where you live or work. If you are acting on behalf of a company or other entity, you must be authorized to act on behalf of the entity and to bind it to this contract.
When you establish an Itemize account, you must furnish Itemize with an e-mail address. You may also be requested to provide your name and the country in which you reside or work. All of this information must be accurate and complete at all times.
You must live or work in a jurisdiction in which it is not illegal for Itemize to provide its services.
You may not use Itemize services if you are a professional providing accounting, bookkeeping or similar services to unrelated third persons, unless you subscribe to one of Itemize’s special plans available to such professionals.
Itemize Services; Itemize Proprietary Rights
Itemize provides automated processing services utilizing its proprietary technology that is able to digitally read and store the information contained in digital and conforming paper purchase documents, such as receipts, bills, invoices, purchase orders, shipping notices and reservations. Itemize also provides manual processing services with respect to nonconforming paper purchase documents on a limited basis. Itemize provides reports and data sets to its users in several formats, as requested by a user, as well as marketing materials from time to time and related tools and services. We may sub-contract or delegate the provision of any or all of our services to third persons in our sole discretion.
You may establish an Itemize account in one of several ways. You can access the Itemize SaaS services at www.itemize.com and follow the prompts provided. You may also download the Itemize iOS App or Android App by going to the App Store or to Google Play.
Itemize provides its services under several plans that provide for different levels of monthly or annual purchase document processing and reporting for different fees. These plans are described in greater detail at www.itemize.com/pricing. The plans under which Itemize services are offered, the features of these plans and the associated fees may change from time to time. These plans, and changes to them (“Plans”), may include terms and conditions that are different from those included in these Terms of Services, and may provide for more limited or additional rights and obligations for users. If there is a manifest conflict between these Terms of Service and any Plan, the Plan will govern and control your use of Itemize services under the Plan. Itemize will post changes on its website in advance of the effectiveness of a change in any Plan. You will be deemed to have agreed to, and will be bound by, any change if you continue to use Itemize services covered by your Plan after a change to the Plan becomes effective.
The technology, trade secrets, know how and other intellectual property that Itemize uses to provide its services is proprietary. It is owned exclusively by Itemize and protected by applicable law. By establishing an Itemize account or using the Itemize services, you do not acquire any ownership or other interest of any kind in any of this property. However, you are granted a limited, non-exclusive, non-assignable and non-sublicensable license to use the intellectual property solely in connection with your individual use of Itemize services in accordance with these Terms of Service and the terms and conditions of any Plan for which you have subscribed. This license is automatically revoked and terminates when you or we terminate your Itemize services for any reason.
Itemize is not an accounting service. While we believe that we take reasonable and customary measures to ensure that information stored in users’ accounts is reliable for its intended use, we do not upload any information to the accounts and do not provide any assurances as to the accuracy, correctness or completeness of any data, images, documents or other information (referred to collectively as “information”) that is stored in your account or that we process from the purchase documents you upload to your Itemize account. We also disclaim other representations and warranties about the Itemize services as set forth below in the section of these Terms of Service entitled “Disclaimer of Warranties; Limitations on Liability.”
Your Use of the Itemize Services
You may only use the Itemize services in strict compliance with the terms and conditions set forth in these Terms of Service and any Plan to which you have subscribed and in accordance with all laws, rules and regulations of any governmental entity that are applicable to you. You shall be solely responsible for all activities in and transmissions to and from your Itemize account. Itemize shall have no responsibility or liability for any such activity or transmission.
You are solely responsible for the secrecy and for maintaining the confidentiality of your user ID or password and you shall immediately notify Itemize if you become aware of any unauthorized use of your password or Itemize account. Itemize shall not be responsible or liable in any way if you are unable to locate or reset a password.
You are also solely responsible for the information that you upload to your Itemize account. You may only upload to your account information that is relevant to your purchase transactions. All information in your account remains your property and Itemize does not acquire any ownership interest in it, except the limited rights to use it as described in these Terms of Service.
You shall use reasonable efforts to upload to your Itemize account clear images of purchase documents that are legible for Itemize’s machine reading technology. If you attempt to upload to your account an image of a purchase document that is not legible, Itemize may not be able to process the document correctly, or at all. Itemize will have no responsibility or liability for failing to process an illegible purchase document or for processing it inaccurately, incorrectly or incompletely.
You may not upload to your account any document that contains personally identifiable or sensitive information pertaining to you or any other person, such as a driver’s license, passport, social security card, birth certificate, a personal check, a bank or credit card statement or other financial record that contains the bank account name or account number or other personally sensitive information, unless all personally identifiable and sensitive information is first deleted or redacted from the document. You agree that Itemize may delete any information described in this paragraph in its sole discretion, but we shall have no responsibility or liability if we fail to do so.
You also agree that you will not upload to your Itemize account any information relating to your health, medical condition or care, or the health, medical condition or care of anyone else. However, you may upload to your account pharmacy receipts and other purchase documents provided by health care providers as long as an individual cannot be identified therefrom. By uploading such documents, you expressly waive any privacy or other protections afforded under the US Health Insurance Portability and Accountability Act.
You have the right at any time to change or delete any information contained in your account by logging into your account and following the appropriate prompts provided.
You may not, or allow any other person to, upload to your account any information that:
– misappropriates, violates or infringes any patent, trademark, copyright or other intellectual or other property right of any third person;
– violates, or encourages any conduct that would violate, any applicable law, rule or regulation, promotes illegal or harmful activities or substances or could give rise to civil liability;
– is violent or threatens or promotes violence or conduct that would be threatening to any person;
– is defamatory, disparaging, abusive or harassing of any person or fraudulent, misleading or deceptive; or
– is vulgar, obscene or pornographic.
I- temize may delete any information described in this paragraph in its sole discretion.
Furthermore, you shall not take or engage in, or permit any other person to take or engage in, any action or conduct that does or attempts to:
– decipher, decompile, disassemble or reverse engineer the Itemize system or any of our services, or any portion of them;
– probe, scan or test the vulnerability of any Itemize system or network or breach or otherwise compromise any of our security or authentication measures;
– avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Itemize to protect Itemize services or information stored by Itemize;
– access or search Itemize services or the information stored by Itemize through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and search engines provided by Itemize or web browsers generally available to the public;
– interfere with any other user’s access to our services, whether by sending a virus, overloading, flooding, spamming or mail-bombing, or otherwise;
– access the account or information of any other user of Itemize services; or reproduce, copy, sell, resell, assign, sublicense, create any derivative work or otherwise commercially exploit any of the Itemize services.
– You agree that you will not remove, alter, modify or obscure any element, part or feature of any product identification, trademark, service mark, logo or legal notice included in the Itemize services or used by Itemize to market, promote or provide Itemize services. You may not use any Itemize technology, trade secret, know how or other intellectual property, including any trademark, service mark or logo, for any purpose other than in connection with your use of the Itemize services in compliance with these Terms of Service.
In addition, you may cancel your account with Itemize at any time for any reason in your discretion by logging on to your account and following the appropriate prompts. You will be entitled to access and retrieve any information in your account after cancellation if and for so long as we continue to offer such access without a fee.
Itemize will no longer bill you after any termination or cancellation of your account; however, you will be responsible for any fees or other charges you have incurred through the date of termination or cancellation. You will not be entitled to a refund of any amount you have paid us if the termination or cancellation occurs in the middle of a monthly or annual payment period.
Notwithstanding any termination or cancellation of your Itemize account, all of your obligations under these Terms of Service shall survive and remain unaffected, except that you will no longer be obligated for any further fees or other charges that have not accrued as of the date of termination.
Disclaimer of Warranties; Limitations of Liability
Itemize provides its services on an “as is” and “as available” basis and assumes no responsibility or liability for the availability of its services or the timeliness with which services are provided.
Itemize shall in no event be responsible or liable for or as a result of your use or inability to use Itemize services or any information stored by Itemize in your account for any reason, including loss of electric or other power or internet connection, a security breach of your account, governmental intervention or any other matter. Nor are we responsible or liable for the loss, unauthorized use, corruption or lack of accuracy, completeness or correctness of any such information or of any information provided to you by Itemize in rendering Itemize services to you. We are also not responsible or liable for any damage to your computer or other hardware or systems as a result of any download of information from your account or for any damage, loss, liability, cost or expense you suffer or incur as a result of furnishing to any third person any report or data obtained from our services that is inaccurate, incomplete or incorrect. These limitations of liability apply even if Itemize is negligent.
Itemize makes no representation or warranty, express or implied, with respect to the Itemize services, including any representation or warranty with respect to the merchantability of the services; their fitness for any particular purpose; that the services will be useful for, or meet the requirements or expectations of, any user; that the services will be free from error or will produce accurate, complete or correct information; or that the use of the services does not infringe upon the intellectual property or other proprietary rights of any third person.
Itemize from time to time licenses software, tools and other intellectual property from third persons (“Licensors”). The licensed intellectual property may be incorporated into our system and/or used to provide our services. The Licensors do not make, and expressly disclaim, any representation or warranty with respect to such licensed intellectual property or the use of it, or otherwise. As between us and our Licensors, only we have any responsibility to our users under these Terms of Service.
No advice or other information you obtain from Itemize about our services or any other matter, whether orally or in writing, shall constitute a representation or warranty by Itemize unless it is also expressly set forth in these Terms of Service.
In no event will Itemize be liable or responsible for any exemplary, indirect, incidental, consequential (including lost revenue, lost profits, opportunity costs or the cost of substitute or replacement services) or other special damages or punitive damages for or in respect of any act or omission in connection with or relating to the provision of Itemize services, the failure to provide services or any other matter whatsoever, whether or not any such damages could be foreseen and whether or not Itemize has been warned that such damages could arise. In the event of any breach by itemize of these Terms of Service with respect to any user, the liability of Itemize to such user for any such breach shall be limited to the amount of fees actually paid to and received by Itemize from such user in the twelve months prior to such breach.
Certain Regulatory Matters
You may not use, export, re-export, import or transfer Itemize Apps except in full compliance with the laws of the United States. The laws of the United States prohibit the export or re-export of the Apps into any country embargoed by the United States, or to any person on the list of Specially Designated Nationals of the US Department of the Treasury or the Denied Person’s List or Entity List of the US Department of Commerce.
If you believe that any information Itemize provides to you infringes any of your copyrights, you should immediately notify Itemize Designated Copyright Agent by e-mail at email@example.com (subject line: “Designated Copyright Agent”) or by mail at Itemize Corp., 307 Seventh Avenue, New York, New York 10001 (Attention: General Counsel). To be effective, the notice must be physically signed, electronically or manually, by the owner of the copyright claimed to be infringed or by a person authorized to act on its behalf and must contain the following information:
– a description of the copyrighted work that you claim has been infringed;
– a description of the location in the Itemize services of the claimed infringing material that is reasonably sufficient to enable Itemize to identify and locate the material;
– the address, telephone number and e-mail address at which Itemize can contact you; a statement that you believe in good faith that the use of the material by Itemize has not been authorized by the owner of the copyright, its agent or applicable law; and
– a statement under the penalty of perjury that the information provided in the notice is accurate and complete and that you are either the owner of the copyright that is alleged to be infringed or are duly authorized to act by the copyright owner, its agent or applicable law.
Other Miscellaneous Terms of Service
You may not sell, assign, sublicense or otherwise transfer to any third person the Itemize services for which you have subscribed. These Terms of Service may not be amended by you, nor may any provision of these Terms of Service (or any breach of these Terms of Service by you) be waived by Itemize, except in writing duly approved by Itemize. In no event shall any course of conduct by Itemize, whether constituting acts or omissions by Itemize, constitute or be deemed or construed to constitute a modification or waiver of any provision of these Terms of Service. Without limiting the generality of the preceding sentence, no failure by Itemize to enforce any provision of these Terms of Service against any one or more users shall constitute a waiver by Itemize of its right to enforce such provision in the future. The remedies of Itemize under these Terms of Service or available to it under applicable law shall be cumulative and not exclusive.
Itemize may amend or otherwise modify any provision of these Terms of Service at any time and from time to time in its sole discretion. Itemize will post on its website any amendment or modification and it shall become effective immediately, provided that Itemize will use reasonable commercial efforts to provide at least five business days’ prior notice of any material amendment or modification either by e-mail to users or by posting the notice on its website. By continuing to use Itemize services after any amendment or other modification becomes effective, you automatically accept and agree to be bound by the amendment or modification and it becomes part of the contract between you and Itemize.
You may notify Itemize for any of the following reasons at firstname.lastname@example.org or by mail at 307 Seventh Avenue, New York, New York 10001 (to the attention of General Counsel):
– to notify Itemize of any unauthorized use of your password or Itemize account;
– to ask any questions about these Terms of Service;
– to provide any comment or suggestion concerning your account or Itemize services, generally; or
– to lodge a complaint about the implementation of these Terms of Service with respect to your account.
These Terms of Service shall be governed by, interpreted and enforced in accordance with the laws of the State of New York applicable to contracts made and to be performed entirely in the State of New York, without reference to the principles of conflict of laws of the State of New York. Any dispute that arises under or relates to these Terms of Service (or the breach or alleged breach of these Terms of Service) or Itemize services shall be brought before a State or Federal court located in the City, County and State of New York. You irrevocably and unconditionally agree and submit to the exclusive jurisdiction of any such court for the purpose of resolving any such dispute and agree that you will not object in any forum to such jurisdiction on the grounds that such court is an inconvenient forum, or that there is a more convenient forum, for the resolution of such dispute. YOU FURTHER AGREE THAT YOU WILL NOT REQUEST, AND IRREVOCABLY AND UNCONDITIONALLY WAIVE, ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING TO RESOLVE SUCH DISPUTE.
You agree that you will not commence or participate in any claim or claims brought as any type of class, coordinated or aggregated action or proceeding, or receive or retain, and you irrevocably and unconditionally waive any and all right to, any monetary or other benefit as a result of any such action or proceeding.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable as applied to any user in any jurisdiction, the remaining provisions of these Terms of Service shall be unaffected thereby and shall be enforced in accordance with their respective terms; such illegal, invalid or unenforceable provision shall be enforced in accordance with its terms against any user in any jurisdiction as to which or in which such provision is not held to be illegal, invalid or unenforceable; and such illegal, invalid or unenforceable provision shall be modified by such court to the minimum extent possible (by adding or deleting words or phrases, limiting the scope, substituting therefor another, enforceable, provision or otherwise) so as to be enforceable against such user in such jurisdiction to the maximum extent possible.
You shall indemnify and hold Itemize (and its stockholders, directors, officers and employees) harmless from and against any and all demands, claims, actions, suits or other proceedings (whether based on warranty, contract, tort (including negligence), product liability or any other legal or equitable theory), and any settlement or compromise of any thereof, damages, losses, liabilities, costs and expenses (including fees and expenses of attorneys and other professionals in connection with investigating, prosecuting or defending any such demand, claim, action, suit or other proceeding) that Itemize suffers or incurs as a result of, in connection with or arising out of any breach by you of any provision of these Terms of Service. You shall also indemnify our Licensors with respect to your use of Itemize services. Our Licensors are third party beneficiaries of these Terms of Service and may enforce its provisions directly
Additional Terms of Service Applicable to Itemize Team Services
The following terms of service (the “Additional Terms”) are applicable to Itemize Team Services in addition to the foregoing Terms of Service:
Itemize Team Services permit a user to create an Itemize team account that allows a designated number of the user’s employees and consultants to process their payment documents through the team account. The user pays, in advance, a non-refundable, periodic fee for each team member it designates. A user may increase or decrease the number of team members at any time by logging on to its account and following the appropriate prompts. An increase in the designated number will require the payment of additional periodic fees. A reduction in the designated number will not entitle the user to any refund within its periodic billing cycle.
A user opens a team account by causing its team administrator to log on to https://app.itemize.com/responsive, provide an e-mail address and establish a password. By establishing a team account, users automatically agree to the Itemize Terms of Service, including these Additional Terms. Upon opening a team account, the team administrator must provide to Itemize his or her name and email address, designate the number of employees or consultants who will become team members on the account and authorize Itemize to open an account for each designated person.
Team members are invited to open an account with Itemize by their team administrator. To open an account, team members must respond as provided in the invitation. By establishing an account, team members automatically agree to the Itemize Terms of Service in addition to these Additional Terms. Team members may only upload to their accounts payment documents relating to his or her own purchase of goods and services. A team member may not submit any payment document of any other individual.
Team members may access their accounts at any time, but may not terminate their accounts. If a Team member wishes to change or delete any information in his or her account, an appropriate request must be submitted to the team administrator in accordance with procedures established by the administrator. No team member will have access to the accounts of any other member of the same team. The team administrator will at all times have access to the accounts of all team members and will be entitled to deal with the accounts of team members in accordance with any rights and procedures the administrator establishes.
Itemize team services are provided to its users only. Itemize is responsible solely to such users with respect to the provision of team services and has no direct, indirect, express or implied responsibility, obligation or liability or any kind or nature to any team member with respect thereto. Itemize shall have no direct, indirect, express or implied responsibility, obligation or liability of any kind or nature to a team member as a result of any action or inaction by the team administrator with respect to the information in the team member’s account, or otherwise. Team members shall indemnify and hold Itemize (and its stockholders, directors, officers and employees) harmless as and to the same extent that users are obligated to do so under the Terms of Service.
Team services renew automatically from period to period, according to the user’s periodic billing cycle, until terminated by the user or Itemize. A user is responsible for all of the actions of its team members. In addition to any rights Itemize has under the Itemize Terms of Service, Itemize may terminate a team member’s account, or the user’s team account, upon any breach by such team member of these Additional Terms. Upon termination of a team account, team members will no longer be able to access their accounts with Itemize. Itemize will permit a terminated user to retrieve the information in its team account for thirty calendar days after termination.
If there is any conflict between these Additional Terms and any other provision of the Itemize Terms of Service, the foregoing Additional Terms shall apply and be controlling.
Itemize is committed to building excellent relationships with its user community. Toward that end, Itemize maintains the confidentiality and security of the information about its users and their organizations that they provide to Itemize or that Itemize may learn as result of their use of Itemize services.
When users establish an Itemize account, they provide certain personally identifiable information (“PII”) to Itemize. When users access and use their account, Itemize automatically gathers and stores additional information about how and when Itemize services are being used. This information is not tied to a user’s PII and cannot be accessed to retrieve personally identifiable information about any user.
All PII and other information Itemize obtains about a user is and remains the user’s property. Itemize never acquires any ownership interest in any of the information.
Information Provided by Subscribers
When users establish an Itemize account, and when they access the account, they will be requested to provide an e-mail address, and may be requested to provide certain additional information such as their name and the country where the user resides or works. In addition, when a user becomes a paid subscriber, it will be required to provide payment account information to Itemize’s third party payment processor. Itemize does not have any access to and does not store any credit card or other payment account information provided to its payment processor.
Itemize may also receive a user’s PII from third persons with which Itemize has a joint marketing, co-branding or other partnership arrangement, from companies that offer their products and/or services through Itemize services and from companies that provide services in connection with Itemize services, such as expense management and payment processing services, accounting software providers, credit card processing companies and commercial banking and other financial institutions. These third persons are referred to as “Partner Companies.”
At the request of Itemize, a user may provide non-personally identifiable personal information, such as demographic information, including postal code, gender and education, and information about preferences, attitudes and behavior. Itemize does not request any information from its users unless it is relevant to the services provided by Itemize.
Users may elect to connect their e-mail or other accounts with Itemize. By establishing this connection, users automatically authorize Itemize to act on their behalf to search their e-mail or other accounts to extract and store documents that the Itemize system recognizes as purchase documents, such as receipts, bills, invoices, purchase orders, shipping notices and reservations, and to extract transaction data and other information contained in these documents. Some of the documents extracted may in fact not be purchase documents. Itemize will attempt to delete and not store any document that is not a purchase document, but Itemize cannot assure users that any such attempt will be successful.
By establishing an Itemize account, users authorize Itemize to gather and retain information relating to the users’ online and offline purchases, and to organize, arrange, sort and parse this information. This information should not include a user’s payment account details, such as the user’s uniquely identifying credit or debit card number, pin or access code. Such data is prohibited to be displayed in a receipt by applicable law in the United States and elsewhere. If a merchant issues a receipt or other purchase document that contains this information, Itemize will attempt to delete the information when it processes the purchase document, but Itemize cannot assure users that any such attempt will be successful.
By subscribing to certain Itemize services, users also authorize Itemize to transfer information it obtains from a user to Partner Companies, such as providers of accounting software services, with which the user also maintains an account.
Any PII that a user provides to Itemize or that Itemize obtains about a user from Partner Companies will be stored and managed with appropriate care. Itemize has entered into a contract with a nationally recognized third party provider of cloud-based storage services and forwards the information that a user uploads to his or her account for storage under this contract. Itemize will not sell, rent or license a user’s PII. Itemize will not use a user’s name or company’s name in its marketing materials without the user’s prior consent.
Itemize may have liability pursuant to the EU-US Privacy Shield with respect to the onward transfer to third parties of data it receives from users in the European Union. Itemize will provide European Union users an opt-out or opt-in choice before sharing their data with third parties, other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.
Information Automatically Collected and Stored by Itemize
Itemize automatically collects and stores certain information about users’ visits to their Itemize accounts. This information includes, among other matters, the visitor’s web request, Internet Protocol address, browser type, referring/exiting pages and navigational data like Uniform Resource Locators (URL’s), domain names, pages viewed and the date, time and duration of the visit.
Itemize collects this information by using cookies, which are small text files it places in the computer of a user, and electronic Newlmages, known as web beacons or single-pixel gifs. Cookies and beacons do not collect PII. Information from cookies and beacons is not combined with a user’s PII to identify an individual user’s browsing frequency, purchasing activity or other behavior. Cookies and beacons are never shared with third persons.
Users may disable Itemize cookies by following Internet browser help file instructions on their computer. However, Itemize recommends that users not do this. Disabling cookies may diminish the utility of the Itemize services in significant ways.
Use of Information Provided by Users
Itemize will use the information it obtains from a user to render reports requested by the user. Itemize will use the information it obtains about users to monitor and analyze their request and usage patterns in order to allow Itemize to customize and improve the content, features and functionality of its system and Itemize services, to help users better manage their Itemize accounts and to enhance the benefit they derive from Itemize services. Itemize will also use the information to ensure that users are complying with the Itemize Terms of Service and if it is necessary to correct a problem with Itemize’s system. In addition, Itemize will use the information to take appropriate action with respect to suspected fraud or illegal activities or if disclosure is required by applicable law, including in response to a subpoena or other court process. Lastly, Itemize may be required to disclose information obtained from a user, including personal information, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Certain services provided by Itemize involve the transfer of users’ information to other accounts of the user. Itemize may also use the information to market to its users Itemize services and products or services offered by third persons. The information may also be anonymized and or aggregated with like information of other users to compile statistical and other information, including information about the preference of users of Itemize services. This anonymized or aggregated statistical and other information may be provided to Partner Companies and other third persons which may be interested in evaluating market trends or in marketing their own products or services.
With respect to users in Australia, Itemize is unlikely to disclose personal or sensitive information to a recipient outside of Australia. However, Itemize is likely to process information uploaded to users’ accounts in the United States and may provide anonymized and aggregated data that includes information with respect to Australian users to its Partner Companies and other third persons, which are likely to be in the United States, the United Kingdom and countries that are members of the European Union. Any information Itemize provides to a third person will be provided under appropriate confidentiality and security arrangements.
Links to other Sites and Accounts
Change or Removal of Information
Itemize acknowledges that users have the right to access the personal information that Itemize maintains about them. A user who seeks access, or who seeks to correct, amend, or delete inaccurate PII or other data, should log on to its account and follow the appropriate prompts provided.
If a user determines that a purchase document that has been uploaded contains full credit or debit card information, or other sensitive information that the user does not want Itemize to have access to or to store, the user should delete the purchase document from the user’s account. Users may delete or change any information stored in their Itemize accounts by logging into their Itemize account and following the appropriate prompts provided.
If a user does not want to receive electronic or other mailings from Itemize with respect to marketing or other matters, the user should contact Itemize at email@example.com and provide its exact name and postal or e-mail address. Itemize will then remove the user’s name from its mailing list, except for communications regarding security breaches and other administrative matters.
Itemize will also remove information from a user’s account upon a termination of services in accordance with the Itemize Terms of Service.
With respect to users in Australia, if Itemize is satisfied, having regard for the purpose for which the information is held, that the information is inaccurate, out of date, incomplete or misleading, Itemize will take such steps, if any, that are reasonable in the circumstances to correct such information so that, having regard for the purposes for which the information is held, it is accurate, up to date, complete, relevant and not misleading. If Itemize corrects personal information about an individual that previously has been disclosed to another entity, Itemize will take such steps, if any, that are reasonable in the circumstances to notify the other entity of such correction.
Itemize follows generally accepted industry practices and standards to protect PII and other information submitted to Itemize by users. These practices include the encryption of the transmission of information using secure socket layer (“SSL”) technology. Nevertheless, no method of transmission over the Internet or method of electronic storage of information is completely secure, and Itemize cannot guarantee the security of the information users provide to Itemize.
In addition, there are many events and circumstances beyond Itemize’s control that could interfere with access to or the use of Itemize services. Among others, these events and circumstances could include electrical and other interruptions, human error, loss or corruption of data, a breach of security or other unauthorized intrusion. Itemize is not responsible for any of these events or circumstances.
If Itemize becomes aware of a material security breach or other unauthorized intrusion affecting its system, Itemize will use reasonable commercial efforts to notify users electronically, either by email or by posting an appropriate notice on its website. In addition, Itemize will provide users with any notice required by applicable law in the form and manner required by law in the event of any security breach. Users consent to any such notice, as well as to communications to them regarding privacy and administrative issues.
Certain Information Concerning Government Regulation
Itemize is hosted primarily in the United States. Information hosted in the United States is subject to the laws, rules and regulations as to privacy, data protection and other matters of the United States and its various states. Itemize is also subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. Users who are resident in California may request and obtain once a year, free of charge, certain information about any PII Itemize disclosed to its Partner Companies or other third persons in the prior calendar year. Any user resident in California who wants such information should send such request to Itemize at firstname.lastname@example.org.
The Itemize Terms of Service contains certain additional information about certain laws and regulations applicable to Itemize services.
Certain Provisions Applicable to Users in the European Union
If Itemize utilizes data processors to perform tasks on behalf of or under the instruction of Itemize, Itemize will require these data processors to enter into a written agreement that requires them to provide an appropriate level of protection for the personal and sensitive information that Itemize itself provides.
If a user is located in the European Union, Australia or another country, the laws in those jurisdictions governing data collection and use may differ from the laws of the United States. In order to comply with laws of the European Union or its member states, or the laws of other jurisdictions, Itemize may transfer a user’s information to a hosting location operated or maintained by Itemize or one of its affiliates, or by a third person on its behalf, in a location that complies with the laws of such jurisdiction. By using Itemize services, a user consents to any of these transfers.
Limitation of Liability
Itemize’s Terms of Service contains exclusions and limitations on its responsibility and liability with respect to a number of matters, including the loss, unauthorized use, corruption or lack of accuracy, completeness or correctness of any information in a user’s Itemize account or of any information that is provided to a user by Itemize based on information in the user’s account.
Resolution of Disputes
Itemize has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If a user does not receive timely acknowledgment of its complaint, or if the complaint is not satisfactorily addressed, the user may visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. If a user’s complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
Merger or Sale of Itemize