Terms of Use

Privacy Policy

This Privacy Policy explains how we collect your Personal Data (defined below) on those web sites of WESCOMM GROUP and its service providers that post or link directly to this Privacy Policy (collectively, the "Site") and through offline means, how we use, disclose, and protect such data, and the choices you have concerning our use of such data. Please read this Privacy Policy carefully. WESCOMM GROUP may from time to time update this Privacy Policy. Any changes to this Privacy Policy will become effective when we post or link to the revised Privacy Policy on the Site.

For the purposes of this Privacy Policy, "WESCOMM GROUP", "Wescommgroup®", "we", "us", and "our" means WESCOMM GROUP, and their affiliates. You do not have to provide us with any Personal Data to visit the Site. However, if you choose to withhold requested information, you may not be able to visit all sections or use all features of the Site.

This Privacy Policy shall also apply to any WESCOMM GROUP application and other forms of WESCOMM GROUP's online activity that reference this Privacy Policy. In such instances, the term "Site" shall include any WESCOMM GROUP application or other WESCOMM GROUP online activity whenever that term is used herein. In connection with your use of any WESCOMM GROUP's application, your Personal Data (and Other Data, as described below) may also be collected and used by your device manufacturer, your telecommunication provider, or other third parties involved in the delivery of the application or data to your device, and such collection and use shall be subject to the privacy policy of the applicable third party. WESCOMM GROUP is not responsible for any third party's privacy practices.

Types of Data Collected
We gather Personal Data and Other Data (as described below).

1.  Collection of Personal Data
Personal data is information that identifies you or can be used to identify or contact you, e.g., your name, email address, address, or phone number ("Personal Data"). We may need to collect and process Personal Data in order to provide requested information, products or services to you (including the Site) or because we are legally required to do so.

1. WESCOMM GROUP requests Personal Data from you if the Site requires registration. The registration process requests that you provide your name, business email address, business address, business phone number, and company affiliation, and agree to the User Agreement presented at the time of registration.
2. WESCOMM GROUP may receive Personal Data from social media platforms. For example, if you elect to use your social media credentials to log-in to your Site account, certain Personal Data from your social media account will be shared with us, which may include Personal Data that is part of your social media profile.
3. WESCOMM GROUP may collect Personal Data voluntarily provided by you, including in emails to the Site, online forms, order and registration forms, surveys, promotion participation, phone calls and online chats with WESCOMM GROUP's customer service and through other means.
4. WESCOMM GROUP may collect information through various other means, including participation at conferences and events, individual introductions, from employers that enroll their employees in our services, and from selected third-party business partners. From time to time, we may also acquire from third parties certain lists containing the names and contact information of individuals who may be interested in our products and services.

2.  Use of Personal Data Collected
We use Personal Data for legitimate business purposes, including the following:

1. Fulfillment of Requests. WESCOMM GROUP may use Personal Data about you to deliver products and services to you, and provide you with information about products and services you've ordered. We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
2. Other Communications. From time to time, we may use Personal Data about you to inform you of products, programs, services and promotions that we believe may be of interest to you. If you or your employer is a WESCOMM GROUP customer, we may also inform you of such products, programs, services and promotions using Personal Data about you that you or your employer provided to WESCOMM GROUP. If you would prefer that we not send electronic marketing messages to you, please see the "Your Choices" section below.
3. Promotions. We may operate sweepstakes, contests and similar promotions (collectively, "Promotions"). If you choose to enter WESCOMM GROUP Promotions, we typically ask you for certain Personal Data when you enter and, if applicable, win a Promotion. You should carefully review the rules of each Promotion in which you participate, as they may contain additional important information about our use of Personal Data about you. To the extent that the terms and conditions of such rules concerning the treatment of your Personal Data conflict with this Privacy Policy, the terms and conditions of such rules shall control. We use this information to operate the Promotions.
4. Other Business Purposes. We may also use Personal Data about you for other business purposes, such as data analysis (for example, to improve the efficiency of our services), editorial and feedback purposes, providing customer support, customizing and improving the content and layout of the Site, completing business transactions (for example, to confirm content requested is received by customers), development of marketing and promotion plans and materials, statistical analysis of user behavior (for example, to understand what parts of the Site are of most interest to users), product development, market research, administering individual accounts, and meeting government regulatory requirements such as sales tax collection, audits, etc. We may also use Personal Data of journalist/media contacts for press release distribution or sharing other newsworthy developments related to our business activities. We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.
5. Administrative Communications. WESCOMM GROUP reserves the right to use Personal Data to send to you important information regarding the Site, products, services, your account status, changes to the User Agreement, this Privacy Policy, or any other policies, agreements or transactions relevant to your use of the Site, products and/or services. Because this information may be important to your use of the Site, products and/or services, you may not opt-out of receiving such communications. We will engage in this activity to manage our contractual relationship with you and/or to comply with a legal obligation.

3.  Collection and Use of Other Data
We and our service providers may also collect and use the following types of data, referred to in this Privacy Policy as "Other Data"::

1. Monitoring Data. WESCOMM GROUP and its service providers may collect and/or track other information such as demographic information, domain names, computer type, browser types, screen resolution, and other statistical data involving the use of the Site ("Monitoring Data"). We use Monitoring Data to help us understand who uses the Site and to improve and market it, as well as our other web sites and services. Unless combined with Personal Data, Monitoring Data does not personally identify you or any other user, and we may use it for any purpose.
2. Aggregated Data. We may aggregate Personal Data in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using information to calculate the percentage of our users who have a particular telephone area code. Such aggregate information may also be used for any purpose.
3. Cookies. To enhance the Internet experience on the Site, WESCOMM GROUP and our service providers may use 'cookies' on the Site. Cookies are data that a web server transfers to an individual's computer for recordkeeping and other purposes. We use cookies and other technologies to facilitate users' ongoing access to and use of our Site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular web site, to your computer.
   
   If cookies are disabled, however, all features of the Site may not operate as intended. Information about disabling cookies can be found on your Internet browser provider's web site. The Site may have a Cookie Policy that applies to its use of cookies and other similar tracking technologies. If it does, then the Cookie Policy will apply in addition to this Privacy Policy.
4. Tools. We and our service providers may also use various common Internet tools such as 'pixel tags,' 'action tags,' 'web beacons,' '.gif tags,' 'JavaScript' or similar technologies (together, "Tools") in connection with Site pages and email messages in certain formats to, among other things, track the actions of Site users and email recipients, to determine the success of marketing campaigns and to compile statistics about Site usage and response rates. Tools allow us to count users who have visited certain pages of the Site, to deliver services, and to help determine the effectiveness of promotional or advertising campaigns. When used in email messages in certain formats, Tools can tell the sender whether and when the email has been opened.
   
   WESCOMM GROUP uses cookies and Tools to understand how the Site is used and to customize and enhance the Internet experience of individual users. When you revisit the Site, WESCOMM GROUP may recognize you by a Tool and customize your experience. For example, once you have completed the registration process, a cookie and/or Tool will be used to avoid having you register again. We believe cookies and Tools add value to the user experience. We do not respond to browser do-not-track signals at this time.
5. Google Analytics. We use Google Analytics, which uses cookies and other similar technologies, to collect and analyze information about Site use and to report on activities and trends. The service may also collect information regarding the use of other websites, apps and online resources. Verification. We may use third-party services to verify that you are a human user. Any information collected as part of such verification is subject to the privacy policy of the third-party service provider.
6. IP Addresses. When you visit and interact with the Site, we and our third-party service providers may collect Internet Protocol (IP) addresses. Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use IP addresses to understand how the Site is used by our users, to improve the Site and to enhance user experience of the Site. We may also derive your approximate location from your IP address.
7. If we are required to treat Other Data as Personal Data under applicable law, then we may use and disclose it for the purposes described above, as well as for the purposes for which we use and disclose Personal Data as detailed in this Privacy Policy.

Our Advertising

We may use third-party advertising companies to serve advertisements regarding products and services that may be of interest to you when you access and use the Site, our apps and other websites or online services, based on information relating to your access to and use of the Site and other websites or online services on any of your devices, as well as on information received from third parties. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags). They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.

1.  Disclosure of Personal Data Collected
We may disclose Personal Data for the following purposes:

1. Third-Party Service Providers. We may provide Personal Data to third-party service providers, who provide services to us, including but not limited to, data analysis, order fulfillment, payment processing, and other services.
2. Affiliate Communications. WESCOMM GROUP may transfer Personal Data among our affiliates to allow our affiliates to contact you regarding products, programs, services and promotions that they believe may be of interest to you, and such affiliates may otherwise use your Personal Data in accordance with this Privacy Policy. If you would prefer not to receive marketing communications from WESCOMM GROUP or our affiliates, please see the "Your Choices" section below. WESCOMM GROUP, LLC will be the party responsible for jointly used Personal Data.
3. Strategic Partners and Co-Branded Sites. From time to time, we may enter into a special relationship with another company that is not owned by or affiliated with WESCOMM GROUP to provide or promote joint products, services, applications, or features (together, "Jointly Offered Items"). These special relationships may include co-branded web sites ("co-branded pages"). Any information, including Personal Data, that you provide in connection with one of these Jointly Offered Items, and/or on one of these co-branded pages, will be shared with our third-party partners. You should check these third parties' web sites for information regarding their privacy practices. PLEASE NOTE THAT THIS PRIVACY STATEMENT DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES. If you do not want Personal Data about you shared with such third parties, please do not provide Personal Data in connection with the Jointly Offered Items and/or co-branded pages.
4. Third-Party Data Providers. If you subscribe to a WESCOMM GROUP product or service that contains third-party data, we may be required to provide your Personal Data to the third party as part of our reporting obligations. We will only do so if a third-party data provider conditions your receipt of their data on knowing your identity.
5. Conferences and Events. When you attend a conference or event organized by WESCOMM GROUP, your name and contact information may be shared with other attendees.
6. Promotions. We may share the Personal Data you provide in connection with Promotions with third-party sponsors of such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to those Promotions.
7. Assignment. We may disclose or transfer any and all Personal Data that we collect to an affiliated entity or a third party (and their respective advisors) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
8. Law Enforcement; Emergencies; Compliance. We may use and disclose Personal Data about you to others as we believe to be appropriate: (a) in compliance with laws, rules, or regulations in any country in which WESCOMM GROUP operates, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from government or public authorities, including government and public authorities outside your country of residence; (d) to enforce our Terms of Use; (e) to protect our operations or those of any affiliated entities; (f) to protect the rights, privacy, safety or property of WESCOMM GROUP, its affiliated entities, you, or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose Personal Data about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

2.  Your Choices
We give you choices regarding our use and disclosure of your Personal Data for marketing purposes:

1. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may stop receiving these marketing- related emails by sending an e-mail to unsubscribe@wescommgroup.com
2. If you would prefer that we do not share your Personal Data on a going-forward basis with our affiliates or with unaffiliated third parties for their marketing purposes, you may cease this sharing by sending an e-mail to unsubscribe@wescommgroup.com
3. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you exercise the second option as described above, we will not be able to remove your Personal Data from the databases of our affiliates or unaffiliated third parties with which we have already shared your Personal Data (i.e., to which we have already provided your Personal Data as of the date that we implement your request). Further, please note that requesting us not to share your Personal Data with affiliates or unaffiliated third parties may result in you no longer receiving any marketing emails from WESCOMM GROUP. Please also note that if you choose not to receive marketing-related messages from us, we may still send you important administrative messages, and you cannot elect to stop receiving such administrative messages, unless you choose to stop receiving services from us.
4. You may also indicate your choices regarding marketing-related emails by contacting us via postal mail or telephone using the "Contact Information for WESCOMM GROUP" below, or if you have a Site profile/account, by changing your preferences on your Site profile/account at any time.

How you can access, change or suppress your Personal Data

If you would like to request to review, correct, update, suppress, delete or otherwise limit our use of your Personal Data that has been previously provided to us, or if you would like to request to receive an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may make a request by contacting us using the information provided in the "Contact Information for WESCOMM GROUP" below. We will respond to your request consistent with applicable law.

For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and consistent with applicable law. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting the change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.

3.  Security Measures
WESCOMM GROUP has established reasonable organizational and technical measures to protect Personal Data within our organization from loss, misuse, or unauthorized access, disclosure, alteration or destruction. Please note that while WESCOMM GROUP has endeavored to create a secure and reliable Site for users, no site is 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us of the problem immediately by contacting us using the information provided below in "Contact Information for WESCOMM GROUP" (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

4.  Data Integrity
WESCOMM GROUP will use Personal Data only in ways that are compatible with the purposes for which it was collected, authorized by this Privacy Policy, or authorized by you. WESCOMM GROUP will take reasonable steps to ensure that Personal Data is relevant to its intended use, and is accurate, complete, and current (as provided by you). WESCOMM GROUP depends on you to update or correct your Personal Data whenever necessary.

5.  Retention Period
We will retain Personal Data about you for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

1. the length of time we have an ongoing relationship with you;
2. whether there is a legal obligation to which we are subject; and
3. whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

6.  Use of this Site by Minors
This Site is not directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personal Data through this Site.

7.  Sensitive Personal Data
We ask that you not send us, and you not disclose, any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through this Site or otherwise to us.

8.  Contact Information for WESCOMM GROUP
If you choose to contact WESCOMM GROUP via e-mail about this Privacy Policy, please mark the subject heading of your e-mail "Privacy Inquiry."

Terms of Use

1. AGREEMENT. WESCOMM GROUP, agrees to furnish to the client (“Client”) defined in its signed Letter Of Agreement (“LOA”) and the Client agrees to subscribe to and license from WESCOMM GROUP, certain software, data and/or other services (collectively, the “Service”) described in the LOA.
2. SCOPE OF LICENSE. Client’s license to use the Service is non-exclusive and non-transferable. This license is for use only by the Authorized Users specified in the LOA, unless otherwise provided in the LOA. Except as otherwise provided herein, this license is restricted to Client’s internal use of the Service to evaluate commercial mortgage loans or other data provided through the Service. Client will make no representations or warranties to any third party based upon the Service, nor will Client transfer or purport to transfer or assign any rights in the Service or any portion thereof to any third party.
3. AUTHORIZED USERS. To use this Service, Client’s users must be registered and receive passwords. Client is responsible for maintaining the confidentiality of its passwords. Client is fully liable for all use of the Service under its passwords, including any use by a user not authorized by Client who accesses the Service using Client’s passwords. WESCOMM GROUP may terminate a password and require a new password if it believes that the password is being used without authorization or contrary to the Agreement. Client agrees to promptly notify WESCOMM GROUP of any unauthorized use of its passwords or other breach of security. Client is solely responsible for providing and maintaining any and all computer and telecommunications equipment required to access the Service.
4. TERM. This Agreement is for the term set forth in the LOA commencing on the Effective Date set forth therein and will be automatically renewed as provided in the LOA. Either party may terminate this Agreement at any time upon written notice in the event that the other has materially violated any of the provisions of this Agreement.
5. FEES. Current fees and terms are set forth in the LOA. Client will be responsible for any applicable sales or use tax. WESCOMM GROUP fees and service charges will be due when invoiced to Client. Interest will accrue at the rate of 1.9% per month upon any unpaid amounts commencing forty-five (45) days after date of invoice.
6. OWNERSHIP OF DATA; RESTRICTIONS. The Service and related documentation may embody proprietary information of WESCOMM GROUP and other information providers (“Information Providers”), compiled, selected, and arranged through the exercise of judgment and requiring the expenditure of substantial time, effort, and money by WESCOMM GROUP or the Information Providers. The Service constitutes valuable commercial property and trade secrets of WESCOMM GROUP or the Information Providers. Client will not claim any ownership interest in, or right to use, the Service except as provided herein, nor will it contest WESCOMM GROUP’s ownership rights. Client further agrees that WESCOMM GROUP or the Information Providers will maintain exclusive ownership and rights (including the copyright) in the Service and that this Agreement will not be construed to vest in the Client any rights with respect to the Service except to use it for its own internal purposes during the term of this Agreement.
   
   Client will treat all aspects of the Service and any information obtained there from as confidential and will not allow access to any software or databases included within the Service to any other person or entity, including any entity that is affiliated with the Client.
7. SECURITY. Each party shall implement commercially reasonable security measures designed to meet the following objectives: (a) ensure the security and confidentiality of Confidential Information; (b) protect against any reasonably anticipated threats or hazards to the security or integrity of Confidential Information; and (c) protect against unauthorized access to or use of the Confidential Information. The parties will cooperate fully with each other regarding efforts to monitor compliance with this Agreement, including for example providing upon request and at no cost, copies of audits, test results, or equivalent measure of the party’s efforts to protect the Confidential Information.
   
   WESCOMM GROUP shall not intentionally introduce and will use reasonable safeguards consistent with industry standards to prevent third-parties from introducing into the Service any trojan horses, viruses, worms, time bombs or trap doors designed to disrupt, disable, harm, or otherwise impede the operation of the Service or to corrupt or damage Client’s data, storage media, programs, or equipment.
8. SUPPORT. WESCOMM GROUP will provide commercially reasonable telephone support from 9:30 A.M. to 6:00 P.M. EST-5 daily. Unless otherwise provided in the LOA, WESCOMM GROUP will provide telephonic training in use of the Service as required by Client. Additional training may be agreed upon in a separate LOA. WESCOMM GROUP shall provide reasonable disaster recovery and backup capabilities consistent with industry standards to minimize disruptions or delays in providing the Service.
9. PERFORMANCE; LIMITATIONS OF LIABILITY. WESCOMM GROUP will use commercially reasonable efforts to prepare and provide the Service in accordance with the technical documentation supplied therewith but shall not be liable for any inability to provide such Service when caused by any event, condition, or circumstance beyond WESCOMM GROUP’s or the Information Providers’ reasonable control. Client is aware that the foregoing includes, but is not limited to, possible data deficiencies such as inconsistency, incompleteness, sparseness, or untimeliness of data. Client acknowledges that WESCOMM GROUP’s ability to deliver the Service may be dependent, in part, on the Client’s ability to deliver to WESCOMM GROUP certain proprietary information and commentary which the Client may want included in the Service. Client further acknowledges that similar data may come from multiple Information Providers and that WESCOMM GROUP applies WESCOMM GROUP’s decision to the use of specific data from one source versus another.
   
   WESCOMM GROUP does not warrant the Service to be free from defects or bugs. WESCOMM GROUP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WESCOMM GROUP NOR THE INFORMATION PROVIDERS REPRESENT OR WARRANT THE ACCURACY OR ADEQUACY OF THE DATABASES OR ANY WORK PRODUCT OR PROJECTIONS BASED UPON SUCH DATABASE OR OF ANY DATA COMPILED BY WESCOMM GROUP OR THE INFORMATION PROVIDERS IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER OR ANY WORK PRODUCT OR PROJECTIONS BASED UPON SUCH DATA INCLUDING ANY VALUATION PROVIDED TO THE CLIENT HEREUNDER. NEITHER WESCOMM GROUP NOR THE INFORMATION PROVIDERS WILL BE LIABLE FOR ANY LOSS RESULTING DIRECTLY OR INDIRECTLY FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS, WHETHER HUMAN OR MECHANICAL, OCCURRING IN THE COURSE OF FURNISHING SERVICE, EXCEPT STEMMING FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. NEITHER WESCOMM GROUP NOR THE INFORMATION PROVIDERS WILL BE IN ANY WAY LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. WESCOMM GROUP’S LIABILITY HEREUNDER, REGARDLESS OF THE NATURE OR FORM OF CLIENT’S CLAIM, WILL BE LIMITED TO THE COST PAID OR PAYABLE BY THE CLIENT FOR THE SERVICE FOR THE THREE (3) MONTH PERIOD PRECEDING THE DATE ANY SUCH LIABILITY MAY ARISE. CLIENT FURTHER AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO WESCOMM GROUP SERVICES MAY BE BROUGHT BY THE CLIENT MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURRED.
10. CONFIDENTIAL INFORMATION. Each party acknowledges that it or its employees may, in the course of performing its responsibilities under this Agreement, be exposed to or acquire information which is proprietary to or confidential to the other, its affiliated companies or third parties to whom such party has a duty of confidentiality. Any and all non-public information of any form obtained by WESCOMM GROUP or its employees in the performance of this Agreement shall be deemed to be confidential and proprietary information. Any and all non-public information of any form obtained by Client or its employees including, without limitation, the Service, documentation and terms of this Agreement, shall be deemed to be confidential and proprietary information. Each party agrees to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than as contemplated by this Agreement and to advise each employees, agents or consultants who may be exposed to such proprietary and confidential information of their obligations to keep such information confidential. Notwithstanding the foregoing, WESCOMM GROUP may list Client as a client of WESCOMM GROUP on its website or in other material.
    
    Confidential information shall not include information which the disclosing party can show by objective or verifiable evidence is (i) in or becomes part of the public domain other than by disclosure by a party in violation of this Agreement, (ii) demonstrably known to such party previously, (iii) independently developed by such party outside of this Agreement or (iv) rightfully obtained by such party from third parties. If the receiving party is required by law to disclose confidential information, the receiving party may do so without breaching this section upon notice to the disclosing party, unless legally prohibited, and then only to the extent necessary to comply with the law. WESCOMM GROUP and Client understand and agree that, in the event of a breach of this section, damages may not be an adequate remedy and each party shall be entitled to injunctive relief to restrain any such breach, threatened or actual.
11. CERTIFICATION OF CLIENT. By viewing or using the information provided in the Service, the Client agrees as follows: The securities information is provided for the convenience of and at the sole risk of the Client. The information is not investment advice and does not constitute an offer to purchase or sell securities, and may not be used for credit reporting or for any other improper or illegal purpose. By utilizing this information the Client certifies that Client is viewing the information either because Client is a holder of the securities noted in the information or is a "qualified institutional buyer" (as defined in Rule 144A under the Securities Act of 1933)of the securities and an "accredited investor" (as defined in Regulation D under the Securities Act of 1933)(or is acting on behalf of a holder or a "qualified institutional buyer" or an "accredited investor" of the securities) or is otherwise qualified to have access to the information, and is, therefore, permitted to receive this information.
12. NON-HIRE/NON-SOLICITATION. Client agrees not to solicit to hire and/or hire or otherwise directly or indirectly solicit to retain and/or retain the services of any person who is or was during the previous six month period an employee of or consultant to WESCOMM GROUP or WESCOMM GROUP affiliates for the period beginning with the date that this Agreement is executed and ending one year after termination of this agreement. If Client does hire or otherwise directly or indirectly retain any such employee or consultant, WESCOMM GROUP may, in its sole discretion, elect to receive from Client an amount equal to forty percent (40%) of the previous year's compensation (including bonus) for such employee or consultant. If Client retains any such employee or consultant on less than 90 days' notice to WESCOMM GROUP, the amount of such payment will be sixty percent (60%) of the previous year's compensation (including bonus) for such employee or consultant. Client agrees that these amounts are a reasonable estimate of the cost savings Client is likely to realize from hiring such employee or consultant and of the damages WESCOMM GROUP is likely to suffer from Client's breach of this covenant and that they do not constitute a penalty. Nothing in the preceding sentence will be construed to negate, limit, or waive any right WESCOMM GROUP may have to equitable relief to prevent a violation of this provision, nor as a waiver of any contractual or other common law rights WESCOMM GROUP may have with its employees or consultants.
13. INDEMNIFICATION. (a) WESCOMM GROUP, at its own expense shall indemnify and hold harmless Client, its subsidiaries, affiliates, directors, officers, employees, and agents and defend any action brought against same with respect to any third party claim, demand, cause of action, debt or liability, including attorneys’ fees, to the extent that it is based on a claim that the Service infringes or violates any patents, copyrights, trade secrets, licenses or other proprietary rights of any third party. Client may, at its own expense, assist in such defense if it so chooses, provided that WESCOMM GROUP shall control such defense and all negotiations relative to the settlement of any such claim. Client shall promptly provide WESCOMM GROUP with written notice of any claim which Client believes falls within the scope of this paragraph. This provision shall survive the termination of this Agreement.
    
    (b) Client will indemnify and hold WESCOMM GROUP and any Information Provider harmless from and against any claim, liability, loss, injury, damage, cost or expense (including attorneys’ fees) incurred by WESCOMM GROUP or any Information Provider to any third party arising from any use by Client of the Service supplied pursuant to this Agreement, except as related to a claim, liability, loss, injury, damage, cost or expense (including attorneys’ fees) covered by clause 13(a) above or arising out of WESCOMM GROUP’s gross negligence or willful misconduct. WESCOMM GROUP may, at its own expense, assist in such defense if it so chooses, provided that Client shall control such defense and all negotiations relative to the settlement of any such claim. WESCOMM GROUP shall promptly provide Client with written notice of any claim which WESCOMM GROUP believes falls within the scope of this paragraph. This provision shall survive the termination of this Agreement.
14. REMEDIES. In the event of a material breach or threatened material breach of any term of this Agreement that threatens any rights of WESCOMM GROUP or any Information Provider in the Service or the economic value of the Service, WESCOMM GROUP and the Information Providers will be entitled to preliminary and permanent injunctive relief to protect such rights and interests. Nothing herein will preclude WESCOMM GROUP or the Information Providers from pursuing any action or other remedy for any breach or threatened breach of this Agreement, all of which will be cumulative.
15. THIRD PARTY BENEFICIARIES. Information Providers are intended third party beneficiaries of this Agreement with respect to the provisions of each section in which the term “Information Providers” appears.
16. ASSIGNMENT. Neither this Agreement, nor any rights, duties, nor obligations under this Agreement may be assigned, or otherwise transferred, by Client without the prior written consent of WESCOMM GROUP. In the case of an assignment by Client to any of its affiliates that are in substantially the same business as Client, WESCOMM GROUP’s consent will not be unreasonably withheld.
17. APPLICABLE LAW. This Agreement and any modification thereto, will be governed and construed under the laws of Cayman Island without giving effect to the conflicts of law principles thereof. The Client agrees to the jurisdiction of Cayman Island. If any term or condition of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining terms and conditions hereof shall not in any way be affected or be impaired thereby. Each party in any judicial action or proceeding shall be responsible for its own costs, including without limitation, filing fees, attorney's fees, witness fees, expert fees, and travel expenses.
18. SCOPE OF THE AGREEMENT. This Agreement represents the entire agreement between WESCOMM GROUP and the Client relating to the Services defined in the LOA. This Agreement supersedes all prior proposals, representations, understandings, and agreements, whether oral or in writing, and may not be modified or amended except by an instrument in writing executed by both parties hereto. This Agreement will not be valid until the LOA is signed by a duly authorized agent of both parties.
19. TERMINATION RESPONSIBILITIES. Upon termination of this Agreement, Client will return to WESCOMM GROUP all copies of the software and data received from WESCOMM GROUP in Client’s possession, or destroy same, within thirty (30) days of termination and will certify to WESCOMM GROUP that no copies are in the possession of Client, its employees or agents. The certification shall itemize each copy of the Software destroyed or returned
20. NOTICE. Any notice, request, demand or other communication required or permitted to be given by one party to the other under this Agreement will be sufficient and deemed to have been given if sent in writing by certified or registered mail, by hand, facsimile or overnight courier, to the party to receive the notice at its address set forth on the attached addendum or to such other address as the party to receive the notice has designated by notice to the other party.

THIS AGREEMENT IS SUBJECT TO THE TERMS OF THE SIGNED LOA, WHICH TERMS ARE INCORPORATED HEREIN.

Data collection on our website

2.  Server log files
The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:

1. Browser type and browser version
2. Operating system used
3. Referrer URL
4. Host name of the accessing computer
5. Time of the server request
6. IP address

These data will not be combined with data from other sources. The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

3.  Contact form
Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission. We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed. We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.