Terms of Service

1. Terms of Service

1.1 License and Deployment

Privacy Shield grants you a non-exclusive, non-transferable license to install and use the PrivacyShield software on a server or hosting environment that you own and control. This is a client-hosted solution, which means the software and all associated data, including any customer or user data, reside and are processed entirely within your infrastructure. We do not host, store, or otherwise have access to your application data.

1.2 Your Responsibilities

You, the client, are solely responsible for:

• Hosting and Infrastructure: Providing and maintaining the necessary hardware, network, and hosting environment to run the software.
• Installation and Maintenance: Installing the software and applying any updates or patches we provide.
• Security: Implementing and maintaining all security measures for your hosting environment and data. This includes, but is not limited to, firewalls, access controls, data encryption, and regular security audits.
• Data Management: Managing your own data, including performing backups, ensuring data integrity, and complying with all relevant data privacy laws and regulations (e.g., GDPR, CCPA).
• Third-Party Integrations: The security and integrity of any third-party services or APIs you choose to integrate with the software.

1.3 Support and Updates

We will provide software updates and support as specified in your separate service agreement with us. Our support obligations are limited to the functionality of the software itself and do not extend to issues arising from your hosting environment, network, third-party services, or security vulnerabilities in your infrastructure.

1.4 Intellectual Property

The software, including all copyrights, patents, trademarks, and trade secrets, remains the sole property of Privacy Shield Technologies Private Limited. Your license grants you a right to use the software, but it does not grant you ownership. You may not reverse-engineer, decompile, or otherwise attempt to derive the source code of the software without our explicit written consent.

1.5 Limitation of Liability

To the fullest extent permitted by law, Privacy Shield is not liable for any damages, data loss, security breaches, or other issues arising from your hosting environment, your failure to properly secure your data and infrastructure, or any non-compliance with applicable laws. Our total liability for any claim related to the software will not exceed the amount you have paid us for the software license.

2. Privacy Policy

2.1 Our Role: Not a Data Processor

This privacy policy explains how Privacy Shield handles the data of its business clients.
Because PrivacyShield is a client-hosted solution, we do not have access to, nor do we store, any of the data that you or your end-users process using the software. You are the sole data controller for the data stored within your instance of the software. As such, you are responsible for providing your end-users with a privacy policy and ensuring compliance with all applicable privacy laws.
Privacy Shield Technologies Private Limited is not a data processor for the data you store within the application.

2.2 Note on the EU-U.S. Privacy Shield Framework

The EU-U.S. Privacy Shield framework was invalidated by the Court of Justice of the European Union in 2020. Because our software is client-hosted and does not involve the transfer of any personal data from your servers to ours, this framework is not applicable to our relationship. You are responsible for ensuring that any international data transfers you perform are compliant with all relevant laws, such as using Standard Contractual Clauses (SCCs) if required.

2.3 How We Use Your Business Data

We only collect and process the necessary business data from you, our client, for purposes related to our service agreement. This may include:

• Contact Information: To communicate with you regarding your account, support requests, and updates.
• Billing Information: To process payments and manage your account.
• Technical Data: To provide support, we may require access to anonymized system logs or error reports (with your explicit permission), but this will never include your user's personal data.

We will not sell, rent, or trade your business data to any third party. We will only share it with third parties as required to provide our services (e.g., payment processors) or as required by law.

2.4 Data Security

We employ industry-standard security measures to protect the business data we collect from our clients (your company's data), but we cannot guarantee absolute security. You are responsible for the security of your own data and environment.

2.4 Data Security

We employ industry-standard security measures to protect the business data we collect from our clients (your company's data), but we cannot guarantee absolute security. You are responsible for the security of your own data and environment.

2.5 Your Choices

You may update your business contact information at any time. If you wish to terminate your service agreement, we will delete your business data in accordance with our data retention policy.