HEXAGON MATCH: Terms of Use

PLEASE READ THESE TERMS OF USE (the "Terms") CAREFULLY BEFORE USING OUR PLATFORM. 

WELCOME TO HEXAGON MATCH!

These Terms are binding between the person ("You" or the "User") using the Hexagon Match platform (the "Platform") and Hexagon Data S.A.P.I. de C.V. ("We" or "Us" or "Hexagon Data"). Your use of the Platform and the service provided on the Platform is governed by these Terms. Therefore, this is a binding contract for the use of the Platform located at the Domain:  https://www.hexagondata.com/match/. The Hexagon Match Data Processing Addendum ("DPA Match") is a part of and subject to these Terms.

By entering, using the Platform and/or creating a profile on the Platform, you signify your consent to these Terms.

GENERAL STATEMENTS AND TERMS

To use the Platform and be bound by these Terms you must be of legal age. Under no circumstances do we permit access to and/or use of the Platform by persons under the age of 18. The service is not intended for individuals but for businesses and companies (the "Company" and/or the "Client"). 

These Terms are universal for all services and products provided on the Platform. Any User who accesses and makes use of the Platform does so on behalf of the Company to which it belongs and is subject to the provisions of these Terms of Use. Any breach of these Terms of Use entitles us to terminate any relationship with the User and / or Company without the need for injunction.

SERVICES

The Platform offers the Data Onboarding service. This service consists of finding the match ("match(collectively referred to as the "Services and Products") between the offline data and the Company's online data. In addition, the Platform may offer additional and complementary products to this service which may be subject to specific terms (collectively referred to as the "Services and Products"). 

The specific terms, costs and validity of the Services and Products depend on the requirements, negotiations and agreements with each Client. These Terms apply to the general use of the Platform.

LICENSE

Use of the Platform is subject to a License Agreement entered into directly with Hexagon Data or through an Authorized Partner (the "Agreement"). Hexagon Data grants to Customer a temporary, non-exclusive, revocable, limited license to use the Platform by and for Customer in accordance with the Agreement and these Terms. 

REGISTRATION PROCESS FOR THE CONTRACTING OF SERVICES

Prior to contracting our Services, a registration process (the "Customer Registration") must be done. The main reason for this process is that the Platform is designed for a specific niche of companies and, in commitment to our customers, we want to make sure that your company or business would benefit from the Services and Products. When this is not the case, we will direct you to another Hexagon Data product or service that suits your needs, and failing that, we will inform you that our services are not suitable for your Company.

Hexagon Data reserves the right to reject a Customer's Application based on a negative outcome of the Data Check. We will not reject an application based on discrimination against any individual or entity for any reason.

The Customer Registration process is as follows:

0. To make a Customer Registration request (the "Request"), you must complete the automated form located within the Platform (the "Registration Form").
1. Once you have completed the Registration Form, you will receive a response via email or phone call in which we will inform you of any of the following options: 
   1. The Application is accepted and therefore qualifies for the Customer Registration process. We will continue to contact you in order to request additional documentation to complete the Customer Registration. 
   2. At this time your Application is rejected and does not qualify for the Customer Registration process. We will ask for your consent to contact you in the future to offer new services or invite you to complete a new Registration Form.
   3. It is necessary to validate the information provided.
2. Once the Application has been accepted, the Contract will be signed, specifying the Services and Products contracted by the Client.

The process has an approximate duration of 15 (fifteen) business days, however, we reserve the right to: (i) exceed such term, as well as (ii) delete your Data at any time during the procedure in case you do not qualify for it. The Customer Registration process is subject to the provisions of the "Data Verification" section applicable to the documentation you have provided. If you would like to know how Hexagon Data treats your data, please read the "Privacy and Personal Data Protection" section. 

PROFILE CREATION AND DASHBOARD ACCESS

Once the Customer Registration process has been completed, an Administrator Profile will be created for a person designated by the Customer. The Administrator may create additional user accounts (collectively the "Users" and individually the "User"). All Users must belong to or be part of the Company.

The Administrator Profile has enabled tools that allow the creation of different User accounts with two access modes: editing and reading. The Administrator chooses at his discretion the type of access allowed for each User. 

Both the Administrator and subsequent Users, upon registration, will receive a welcome email with instructions on how to access the Platform, as well as passwords to access their account ("Dashboard"). All Users are subject to these Terms.

The User agrees to only upload First Party Data that the Company has collected on its own.

LEAD AD PRODUCT

Lead Ad is a product that is part of Hexagon Match. Its purpose is to store user records on the Client's websites in order to automate the Onboarding procedure and to obtain the match rate. The Client can generate its own customized format for Lead AD campaigns. 

The use of Lead Ad is governed by the Agreement entered into between Customer and Hexagon Data.

USE RESTRICTIONS 

Each User's right to use the Platform is personal, limited to its internal business purposes, non-transferable, non-exclusive, revocable and subject to its compliance with the Terms at all times. 

It is strictly prohibited to reproduce, modify, alter, distribute any copy, publicly communicate, transform, mutilate, make changes to, or otherwise use or exploit the Platform other than as permitted in these Terms, in whole or in part, by any means now known or hereafter developed. Furthermore, it is strictly prohibited to reverse engineer for the purpose of using or altering any of the modules, source code and/or object code of the Platform without the prior written permission of Hexagon Data.

The User shall be solely responsible for ensuring and maintaining the confidentiality and security of the personal key and password he/she uses for his/her Platform User account. You agree not to disclose your password to any third party and shall be responsible in case of theft. You agree to immediately inform Hexagon Data of any suspicion that your password may have been compromised and request Hexagon Data to change your password. The User shall also cooperate with Hexagon Data in the investigation of security incidents or risks, as well as to execute the actions agreed upon for the resolution of incidents and for the minimization of the risks detected.

All Users shall act in accordance with the provisions of these Terms and make proper use of the Platform. In the event that Hexagon Data becomes aware that any User is in breach of these Terms, the Administrator and/or the Company will be notified. At Hexagon Data's discretion, such User may be terminated and information entered on the Platform may be deleted. Continued non-compliance may be grounds for termination of the relationship between the parties.

CHECK DE DATA

By entering, using and/or creating a profile on the Platform you agree and authorize Hexagon Data, itself or through an authorized third party, to verify at any time, the data you provide, including your identity and that of the legal entity you represent. 

In the event that the information provided to create a Profile is false or inaccurate, Hexagon Data may, at its sole discretion, deny access to the Platform as well as remove any content related to the User. You may at any time exercise your rights regarding your personal data, as set forth in the "Privacy and Personal Data Protection" section. 

THIRD PARTY INFORMATION

The Platform is not designed to integrate third party information, i.e. "third hand" data that is acquired from sources entirely external to the Customer, usually through data providers and data brokers. If any User uploads such data, Hexagon Data reserves the right to remove it immediately and notify the Administrator and/or Company of the failure. Hexagon Data disclaims any liability that may arise from failure to comply with this requirement.

CONFIDENTIAL INFORMATION

Confidential information is considered to be any information that has been, is or will be provided or disclosed, in any medium or form, directly or indirectly, by a party, including its affiliates, subsidiaries and/or customers, unless such information is expressly marked as 'Public' or 'Non-Confidential'. Confidential information provided, past, present and future, is and shall remain the property of the disclosing party. 

The User undertakes not to appropriate, use or exploit, by himself or by third parties, directly or indirectly, for his own or third parties' benefit and not to disclose or reveal to third parties Hexagon Data's confidential information, to which he has had, has or will have access. You agree to take all reasonable steps to prevent any prohibited dissemination and/or misuse of confidential information.

PERSONAL DATA PROTECTION AND PRIVACY

Hexagon Data processes data as (a) Controller and (b) Processor.

a. Hexagon Data may process personal data of the Customer in the process of Customer Registration and by virtue of the contractual relationship. In that case we act as the Controller. Such personal data will be processed in accordance with the provisions of the Privacy Notice.

b. In providing the Products and Services, Hexagon Data may process personal data on behalf of the Customer (including data collected or generated through the use of the Platform). In this case Hexagon Data is a Processor and is governed by the DPA Match. 

If the Customer or any interested third party would like to exercise their rights regarding the personal data we process, they may follow the procedure outlined in the "MEANS OF EXERCISING YOUR RIGHTS" section of our Privacy Notice. We undertake to use your data only to the extent that you have authorized us to do so and in accordance with the provisions of these Terms and the Privacy Notice.

DATA SECURITY 

The Platform has an SSL security system. Furthermore, the data files uploaded to the Platform are located in Amazon S3 on AWS so the level of security is based on the ISO/IEC 27001:2013 security management standard. The parties acknowledge that the security of data within the cloud service shall be governed solely by the terms and conditions as set forth and modified from time to time by Amazon Web Services. For more information, please refer to. https://aws.amazon.com/es/security/. 

Access to the Platform is restricted by means of authentication elements. To control access to the Platform, Users will have: a) User Account and, b) Password ("Password"). The password that Hexagon Data creates is temporary and must be changed by the User upon first login to the Platform. Thus, by having a new password created by the User, the User is responsible for any access to the User's Dashboard. Hexagon Data disclaims any responsibility for the improper use of the same, since we do not know the Passwords. To change Passwords, the User must follow the procedures indicated on the Platform.

The User agrees and undertakes to apply and maintain in force all security mechanisms suggested by Hexagon Data in these Terms and those indicated in the course of the business relationship.

WARRANTIES

Hexagon Data will endeavor to ensure the proper and proper functioning of the Platform as long as it is conducted within the proper parameters, operating capacity and computing systems, including adequate connection to the Internet. Any malfunction of the Platform or any failure generated by causes directly attributable to the User or the Providers shall not be the responsibility of Hexagon Data.

The data processing and storage components of the Platform are hosted by Amazon Web Services, which is committed to a high level of service as outlined in the AWS Service Level Agreements (SLAs). For more information, please refer to  https://aws.amazon.com/es/legal/service-level-agreements/. The parties acknowledge that any malfunction of the Platform in connection with the AWS service shall be governed solely by the provisions of Amazon Web Services, including without limitation the SLA and its Terms of Service available at https://d1.awsstatic.com/legal/awsserviceterms/AWS%20Service%20Terms%20-%20Spanish%20Translations.pdf.  

TECHNICAL SUPPORT

Hexagon Data guarantees the originality and proper functioning of the Platform. However, it does not guarantee that the Platform is free of errors, bugs or vulnerabilities; therefore, it will provide free of charge, during the term of the Agreement, the technical support necessary for the Platform to be used on a regular basis. 

In this regard, Hexagon Data commits to respond to any inquiry or failure report within 5 (five) business days after the report is submitted to the following e-mail address support@hexagondata.atlassian.net and in https://hexagondata.atlassian.net/servicedesk/customer/portals. The report must include the date and time, description of the failure, name, email and phone number of the person reporting the failure. Hexagon Data will have a maximum of 5 (five) business days to correct and repair any type of error or failure in the Platform, unless it reports that it requires additional time. Hexagon Data will send a report on the repair performed. 

INTELLECTUAL PROPERTY

The Parties acknowledge that all Intellectual Property rights that correspond to each of them are exclusively owned by them and will continue to correspond to them. Therefore, nothing in these Terms shall create in favor of either Party the right to use or exploit the Intellectual Property of the other Party, except as expressly provided herein. 

Property on the Platform. Hexagon Data is the sole and exclusive owner of the proprietary rights to the Platform. The Platform constitutes a Work in accordance with the provisions of the Federal Copyright Law in force in Mexico. In this sense, it is expressly understood between the Parties that the Platform is granted under a non-exclusive and temporary license of use during the term of the Agreement. The Platform may not be rented, leased, loaned or transmitted in any manner whatsoever without the express authorization of Hexagon Data.

All material contained in the Platform, including but not limited to: designs, drawings, computer programs (source code and object code), databases, graphic, audiovisual, photographic material, texts, inventions, models, patents, among other Intellectual Property rights are the sole and exclusive property of Hexagon Data and are protected by the Federal Copyright Law, the Industrial Property Law, as well as by the Intellectual Property laws of other countries and the International Treaties to which Mexico is a party.

DATA FROM CLIENT 

Customer, its affiliates, users and consumers retain all rights to all data, personal data or other information that Customer, itself or any third party, provides to Hexagon Data ("Customer Data"). For the avoidance of doubt, Customer Data is considered Confidential Information.

Customer shall defend, indemnify and hold harmless Hexagon Data, from and against any and all costs, damages, expenses and liabilities arising out of any claim or action by any third party that relates to an actual or alleged infringement of a third party's intellectual property rights in respect of Customer Data.

IDEAS NO REQUESTED

Hexagon Data does not seek or accept unsolicited ideas, suggestions or materials relating to, among other things, the development, manufacture, marketing or processing of our products and services. By agreeing to these Terms, you avoid any misunderstanding about intellectual property with members of the public who submit comments or ideas regarding the products, services or concepts Hexagon Data develops. Therefore, any unsolicited ideas may be used at Hexagon Data's discretion for any purpose, including commercial, without creating any relationship with the person submitting the idea or entitling the person to any compensation. 

PLATFORM AVAILABILITY

Hexagon Data may block, interrupt or restrict the use of and access to the Platform as it deems necessary, as well as remove or terminate the Platform or any of its component parts. The User shall at all times have the right to remove his or her Profile from the Platform.

NON-COMPLIANCE

In case of breach of any of the obligations of these Terms of Use as well as applicable law, Hexagon Data may suspend access to the Platform, remove the User's Profile and/or terminate the relationship between the parties. The foregoing is without prejudice to any legal action available to Hexagon Data when any conduct of the User causes damage or harm to Hexagon Data.

Any use of the Platform other than its normal use and destination is strictly prohibited. It is also forbidden to allow any third party other than its employees, partners, shareholders or personnel to enter and use the Platform. Likewise, it is strictly prohibited to resell access to the Platform.

CURRENT

These Terms are effective as of the date of their publication and remain in effect as long as the Platform remains accessible to the general public.

JURISDICTION

This Platform is controlled and operated by Hexagon Data from Mexico. Hexagon Data makes no representation, express or implied, that the information and materials contained on the Platform, including without limitation information and other materials promoting the business activities, products or services described herein, are appropriate or available in other locations. 

Mexican law shall govern these Terms, therefore, by using the Platform you expressly agree to waive any jurisdiction that may apply by reason of your domicile, present or future, expressly submitting to the jurisdiction and venue of the courts of Mexico City.

DISCLAIMER OF WARRANTIES

Hexagon Data makes no warranties whatsoever about the services or security levels provided by any provider, including without limitation Amazon Web Services. Accordingly, the parties acknowledge that any malfunction of the Platform shall be governed solely by the terms of use, service levels and stipulations of such provider.  

LIABILITY LIMITS

Hexagon Data shall not be liable for damages of any kind, including, without limitation, special or consequential damages, arising out of access to or inability to access or use of the Platform or the information contained on the Platform.

Hexagon Data is under no obligation to update the Platform or the information contained therein and shall not be liable for any failure to update such information. In addition, Hexagon Data is not responsible for the use of other sites on the Internet that the User may access through links contained on the Platform. These links and other referenced resources are provided solely as a service to users of the World Wide Web and their inclusion on the Platform does not constitute an endorsement by, or affiliation with, Hexagon Data.

MODIFICATIONS AND UPDATES

We reserve the right to: (i) add to or modify these Terms at any time, (ii) offer new services and/or products through the Platform, and (iii) update, change and/or substantially modify the Platform.

The new version will become effective on the date indicated at the beginning of these Terms. In the event that we believe there are material changes, such as a change to the fees, we will notify you by posting a conspicuous notice on our website or by any available means of communication. However, Hexagon Data is constantly updating and making innovations to improve the Platform that are considered ordinary events, in which case we will not provide prior notice. After the notice period, your continued use of the Platform is deemed your acceptance of such modifications. We encourage you to be aware of these Terms during your use of the Platform.

OTHER

If any term, condition or provision of these Terms of Use shall be determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This instrument constitutes the entire agreement between the User and Hexagon Data.