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© 2025 Dekopon Stack. All rights reserved.
These terms of use (the “Terms”) are a legal contract between D Company of Technologies, LLC, and its affiliates (“Dekopon Stack”, “we” or “us”) and “you” (“Customer”, “your,” or “User”). The Terms explain how you are permitted to use the services provided by and through our platform and website(s) (main url located at www.dekoponstack.com) as well as all of our associated internet and online properties (either linked by Dekopon Stack and/or affiliated companies) and any software that Dekopon Stack provides to you for download or use, including in your mobile devices (collectively, our “App(s)”) (all of these virtual properties, software and mobile applications, collectively, the “Site”). These Terms also govern your use of all the text, data, information, software, graphics, proprietary content and more (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services we may provide through this Site). Collectively, the Site, the Materials, and the services provided therein are referred to as the “Services”.
USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.
IMPORTANT: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. DEPENDING ON YOUR JURISDICTION, THIS SECTION MAY NOT APPLY TO YOU.
By using the Services, you represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter into contracts. If you are not legally able to enter into contracts, you may not use the Services at any time or in any manner, or submit any information to Dekopon Stack or the Services.
If you are entering into these Terms on behalf of a business entity or organization, you represent and warrant that you have the legal authority and capacity to bind such business entity or organization. If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms.
Please review our privacy policy (the “Privacy Policy”) which explains how we use information that you submit to Dekopon Stack. The Privacy Policy is hereby incorporated by reference.
(a) These Terms. Dekopon Stack can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Services. We will ask for your express consent to the updated Terms where we are legally required to do so, and our notice to you will explain how you can accept or reject the changes. If you do not agree with any of the updated Terms, you must stop using the Services. Unless otherwise required by law, the updated Terms are effective as of the day of posting.
(b) The Services. Dekopon Stack may make changes to the Services at any time, without notice to you. If you object to any changes to the Services, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified. We also reserve the right to discontinue the Services, or any component of it, at any time without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services.
(c) Paid subscriptions. Please note that if you are under paid-subscription services with us, in the event we change the price for the services which you have previously agreed to pay or if we substantially change the services you are paying for, we will also notify you of such changes as contemplated in Section 3(a) above. Any changes will become effective after your then-current subscription expires or terminates. If you do not agree with such changes and you communicate this to us in accordance with the notification, we will not automatically renew your subscription even if you previously agreed to automatic renewal for payment.
(d) Additional Terms. In addition, certain features of the Services may be subject to additional terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern.
(e) Executed Contract(s). If You have entered into a separate executed (i.e. signed) agreement for services with Dekopon Stack (collectively and individually, “Contract”), such Contract shall supersede these Terms. In the event of any conflict between these Terms and the Contract, the Contract will prevail. In cases where the Contract does not address specific provisions included in these Terms, these Terms will apply, supplementing the Contract.
(a) Visitors. Visitors may browse the Site in accordance with these Terms but will not have full access to the Services without first becoming “Registered Users.”
(b) Registered Users and Accounts. In order to access certain features of the Services you will be required to become a Registered User. A “Registered User” is a User who has registered an account with us (your “Account”). As a Registered User you choose what information you may make public or showcase. By registering as a User you represent that you are not barred from using the Services under these Terms, the laws of the United States of America, your place of residence or any other applicable jurisdiction.
(c) Registration Data. In registering for the Services, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that all notices and communications between Us will be sent to the email address You provide. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dekopon Stack has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dekopon Stack has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) for breach. You agree not to create an Account using a false identity or information. You agree that you shall not have more than one Account at any given time. You agree not to register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group, organization, or entity to these Terms. By registering another person, group, organization, or entity you hereby represent that you are authorized to do so. You agree not to create an Account or use the Services if you have been previously removed by Dekopon Stack, or if you have been previously banned from any of the Dekopon Stack properties.
(d) Account Management. When You register for the Services, You will choose a login (email) and password. You may use the Services or modify Your Content and data only through such login and password. You are entirely responsible for maintaining the confidentiality of Your password and for any and all activities which occur using Your credentials and/or under your Account. Dekopon Stack reserves the right to establish an Account verification process to verify the account and/or any information provided. You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security known to (or reasonably suspected by) You at support@dekoponstack.com. Dekopon Stack shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Dekopon Stack considers insecure or inappropriate, Dekopon Stack will be entitled to require this to be changed and/or terminate your Account. Dekopon Stack reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. It is also Your responsibility to make sure that Our domain(s) (including “dekoponstack.com”) are not included in any spam block list used by You or Your mail provider. You are required to perform all necessary security configuration and management tasks (1) for Your site(s) and all domains, web pages or IP addresses which You are hosting through the Services, and (2) to protect Your Content (defined below) and data, including that of Your customers and/or end users hosted through the Services. You are responsible for management of updates and security patches, any application software or utilities installed, any files accessible via Your site(s), and the configuration of any Dekopon Stack-provided security utilities.
At the time of initial registration, You will select from the list of available Services the service plan(s) to which You wish to subscribe (each a “Subscription”). All Subscriptions to Services are subject to formal acceptance by Dekopon Stack. Your Subscription to the Services will be deemed accepted by Dekopon Stack when Dekopon Stack delivers a confirmation of the Subscription to You. Dekopon Stack reserves the right to refuse to provide You with any Service for any reason. Notwithstanding Our Uptime Guarantee, Dekopon Stack also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed. You may order additional Services at any time, provided that You agree to pay the then-current fees for such additional Services. All additional services shall be considered “Services” hereunder. All Services provided are subject to availability and to these Terms.
For as long as you agree to these Terms and abide by them, you may use the Services. These Terms apply to all Users of the Service, including Visitors and Registered Users, who are also contributors of User Content. The Services are licensed, not sold, to you.
(a) Grant of a Limited License. The Services are protected by copyright laws throughout the world. Subject to your agreement, and continuing compliance with these Terms, and any other relevant Dekopon Stack policies, Dekopon Stack grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to use the Services and/or download, and use a copy of any Apps or client-software on a device or computer that you own or control and to run such copy solely for your own internal business or individual purposes only. You agree not to use the Services for any other purpose.
(b) Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Dekopon Stack; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services except as expressly permitted by Dekopon Stack; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
(a) Subscriptions. Your Subscription or commencement of the Services shall begin upon confirmation to You and receipt of lawful funds, whichever comes earlier. The Subscription initial term’s length is chosen by You and shall be indicated when You subscribe to Our Services. The Subscription may not be terminated by You during the Initial Term (and any renewals thereof) except in the event of a breach by Dekopon Stack. After the Initial Term, the Subscription shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.
(b) Pricing. Subject to Section 3(c), Dekopon Stack reserves the right to change prices for paid Subscriptions at any time and does not provide price protection or refunds in the event of promotions or price decreases. Any pricing changes will become effective after your then-current Subscription expires or terminates. You understand that if We agree to provide Services to You in the future after your Subscription terminates for any reason, the amount You paid under any prior term or time period is not determinative of the amount You will pay should We provide Services to You again. It is Your responsibility to check Our Site for plan or price changes should You wish to take advantage of plan or price changes which may have occurred. Dekopon Stack does not automatically update Your Subscription plan. All upgrades or downgrades will be performed at Your request and may include modification of Fees (defined in Section 7(a)) or require reinitiating service with Us.
(c) AUTOMATIC RENEWAL TERMS: To facilitate continuity of the Services to you, each paid Subscription contains automatic renewal terms. Dekopon Stack will automatically renew your paid Subscription as per the Subscription period of your choosing (each a “Subscription Term”), on the anniversary of that date that Dekopon Stack first charges your Account for the first Subscription fee, and, as authorized by you during the Subscription sign-up process, Dekopon Stack will charge your Account with the applicable Subscription fee and any sales or similar taxes that may be imposed on your Subscription fee payment (unless you cancel prior to the anniversary date). Each Subscription renewal period is for the same Subscription Term as the prior one, unless otherwise agreed between you and Dekopon Stack. IF YOU CANCEL YOUR SUBSCRIPTION, YOUR ACCESS TO AND USE OF THE SERVICES WILL BE SHUT OFF ONCE YOUR THEN CURRENT SUBSCRIPTION TERM EXPIRES.
Dekopon Stack reserves the right to modify pricing at any time (but not the price in effect for your then-current Subscription Term), upon advance notice to you. If you have not cancelled your Subscription or turned off the auto-renew function within the specified time after receiving notice of a price change, your Subscription will auto-renew at the price indicated in your notice.
(d) CANCELLATION TERMS: YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, AND SUCH CANCELLATION SHALL BECOME EFFECTIVE UPON EXPIRATION OF YOUR THEN-CURRENT SUBSCRIPTION TERM. You agree and understand that you will be charged Subscription fees until the expiration of your then-current Subscription Term and SUBSCRIPTION FEES WILL NOT BE REFUNDED, IN WHOLE OR IN PART, SUBJECT TO APPLICABLE LAW. You will not be eligible for a pro-rated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription Term. If you have any problems or concerns with your cancellation please contact us at support@dekoponstack.com for assistance.
(a) If you purchase any Services that we offer for a fee, either on a one-time or on a Subscription basis (collectively “Fees”), you agree and consent to Dekopon Stack’s use of third-party payment providers for billing and processing online payments (see below), and you agree to pay the applicable Fees for the Services (including, without limitation, periodic fees for Subscriptions) as they become due, plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Unless separately negotiated by You and Us, and confirmed by separate written agreement, the initial and recurring Fees for the Services selected by You shall be as provided in the initial on-line order form. All set-up fees and special programming fees are non-refundable. Unless otherwise indicated, we may invoice Fees for Services in advance. Failure to make payment of Fees for Services when due may result in the suspension or termination of Services.
(b) Services are billed on an automatic, auto-renewal and recurring basis unless and until you follow Dekopon Stack’s cancellation procedure set forth in this Agreement. Your obligation to pay fees continues through the end of the Subscription Term (defined in Section 6(c)). Our Subscriptions may be subject to usage limits. You agree and understand that we verify use of the Service periodically. If as part of a routine verification process, we determine that Usage exceeds the current amount of usage limits purchased, we reserve the right to invoice you for the additional use. We may contact you to discuss your current plan and other options available to you. You agree to upgrade to a higher usage plan if necessary.
(c) At the time of registration, You must select a payment method. By providing a payment method, You expressly authorize Dekopon Stack to charge said payment method at regular intervals subject to Your particular Subscription. Dekopon Stack reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. If You do not pay all Fees when due, Your account will be deemed past due. For any past due Fees, Dekopon Stack reserves the right to charge You interest at one and one-half percent (1.5%) or the highest rate allowed by applicable law, whichever is lower, per month of the unpaid amount, until paid.
(d) You agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. Dekopon Stack is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to Your use of the Services. If Dekopon Stack should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, Dekopon Stack will invoice You for the difference between payment received and the Fees due. You also agree to pay all attorney and collection fees arising from Dekopon Stack’s efforts to collect any past-due Fees.
(e) If you cancel any Service prior to the expiration of the pre-paid Fees, You understand and agree that Dekopon Stack, at its sole discretion, may not issue You any refund whatsoever, including but not limited to any remaining pre-paid Fees, set up Fees, and/or special programming Fees. Any refunds, if any, will be refunded to the original method of payment only.
(f) If you do not pay on time or if Dekopon Stack cannot charge your payment method for any reason, Dekopon Stack reserves the right to either suspend or terminate your Subscription, access to the Services, and/or Account and terminate these Terms.
(g) Coupons and Discount Codes. From time to time, Dekopon Stack may offer coupons or other discount codes which may be used when signing up for Services with Us. Coupons and discount codes are for first-time customers of Dekopon Stack only and must be used at the time of Your initial purchase with Us – they may not be applied after commencement of the Services. Unless expressly provided, such coupons and discount codes may not be used toward upgrades to Your account. Any account We deem to be attempting unauthorized coupon or discount code use may be subject to Termination for Cause (see Section 9).
(a) Dekpoon Stack may terminate your Subscription in its sole discretion at any time for any reason or no reason (“Termination without Cause”). In such case, Dekpoon Stack will provide You with thirty (30) days written notice before the discontinuation of Services. If Dekpoon Stack cancels your Subscription pursuant to any of the terms outlined in these Terms, with the exception of Termination without Cause, Dekpoon Stack shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that Dekpoon Stack terminates the Agreement for cause, all prepaid Fees will be forfeited and are not refundable. The termination of your Subscription does not relieve You of Your obligation to pay any Fees accrued or payable to Dekpoon Stack prior to the effective date of termination of your Subscription.
(b) In addition to Dekpoon Stack’s right to terminate your Subscription provided elsewhere in these Terms, Dekpoon Stack may terminate your Subscription effective immediately if, based on Dekpoon Stack’s sole judgment, it determines that You or any of Your end users: (i) have breached the Acceptable Use Policy (“AUP”) , (ii) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (iii) have not complied with any applicable law, statute or regulation, or (iv) have uploaded, published or disseminated any images, text, graphics, code or video which Dekpoon Stack considers illegal or high risk, in its discretion, or (v) breached these Terms. Nothing contained in these Terms is intended to, or shall, impose any duty or obligation upon Dekpoon Stack to monitor or review Your Content (defined in Section 12) or the content of Your end users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
(c) The termination of your Subscription will end Your access to the Services and Your license to the Materials. Dekpoon Stack shall not be liable to You or to any third party for termination of the Services permitted under these Terms. Upon termination of your Subscription, Dekpoon Stack reserves the right to maintain copies of Your data files and records for archival purposes but does not undertake any obligation to do so. Dekpoon Stack reserves the right to impose an early termination charge for all Services terminated prior to the last day of the billing cycle.
(d) If either party cancels or terminates your Subscription for any reason, You shall be solely responsible for making all necessary arrangements for securing a replacement service provider and timely moving all electronic data, graphics, images, video or text to the new service provider.
(e) Dekpoon Stack will not have any liability whatsoever to you for any suspension or termination, including for deletion of Content. All provisions of the Terms, which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You may close your Account by using the feature provided in the Services or, in the alternative, by emailing us at support@dekoponstack.com. We will proceed to close your Account and send you an email confirmation.
This Privacy Notice (“Notice”), together with our cookie policy and other relevant legal notices posted on our website at www.dekoponstack.com, describes how The Constant Company, LLC and its affiliates (collectively, “Dekopon Stack”, “we”, or “us”) collects, stores, uses and discloses personal data (i.e., personal information) from and about you (“Customer”, “you(r),” or “User”) in connection with our Services, as defined in our posted Terms of Use. (together with all our posted policies and disclosures, the “Terms”). As an initial matter, please note as follows:
We may collect information about individuals by various means, including: (1) directly from Users, both online (e.g., the Services) and offline (e.g., phone); (2) through automated means when Users use our Services; and (3) from third party sources, and from social media platforms that individuals may use to engage with us, for the purposes provided below and to supplement information we already possess.
Some of the information we collect through or in connection with the Services is known as personal data, which generally means information that identifies an individual, and other information we associate with it. We may collect such information about you directly from you, from third parties, or automatically through your use of our Services. These categories are described in more detail below.
(A) Information you provide
In order to access or use certain portions or functionality of the Services, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:
(B) Information we collect automatically
When you use our Services, our servers and software tools we use will automatically collects certain browser- or device-related information, including but not limited to: your domain, IP address, device identifier, date/time and duration of your visit, browser type, operating system, page visits, information referred to us from third parties, other technical information about your computer or device, and internet traffic activity.
In some cases this information constitutes personal data under US Privacy Laws, although we do not use this information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed below.
Our Services use cookies and similar technology tools as further described below and in our cookie policy at https://www.dekoponstack.com/cookie-policy/.
You can click on the “Your Privacy Choices” link in our website footer to opt-out of third party targeting cookies. In addition, we endeavor to process “Global Privacy Control” (GPC) signals from web browsers by automatically opting-out such visitors from third party targeting cookies, although GPC technology is not fully developed and it is not yet supported by all browsers.
In general, we and our third party service providers use cookies and other tracking mechanisms, including those designed for mobile applications, to track information about your use of our Services. In some instances we may combine this information with other personal data we collect from you (and our third party service providers may do so on our behalf). Additional information about such technology and how we use it is provided below
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members. Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Services or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
(C) Information from other sources
We may also receive information about you from third party sources, such as fraud and risk scoring from businesses like MaxMind, Kount, and ZoomInfo. We may also obtain information from social media platforms that individuals use to engage with us.
We may use your personal data as permitted or required by law for the following purposes:
We also use non-personal or de-identified data, such as that collected automatically or aggregated from our data sources, for research and development activities, analytics purposes, or for marketing and other purposes. Such de-identified data is not subject to this Notice.
Any personal data provided in portions of a user profile, member directory, or other related Services that you set as public is directed to the public and should be deemed generally available to the public. We do not, cannot, and will not act to maintain the privacy of any personal data that you provide publicly in any such forum or medium.
Likewise, any internal messaging or community forum we make available for Users (such as for discussions regarding the Services) should not be considered secure or confidential and any personal data you directly share in such a forum is not considered private information. You must use caution when sending any personal data through such forums, and not transmit anything you do not want disclosed to the general public.
We may share your information, including personal information, as follows:
Where appropriate, we will limit sharing of your personal data in accordance with the choices you have provided us and applicable law.
Where lawful to do so, and subject to your consent where required, we may communicate with you by e-mail, including to inform you about our products and services. If you wish to opt-out of receiving marketing communications, please use the ‘unsubscribe’ link provided in our emails. If you are a subscriber to our Services, we may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by filling out the form at https://my.dekoponstack.com/ or by clicking the opt-out link at the bottom of such emails. If you opt out of marketing emails, you may still receive administrative or system emails and other notices specifically related to your Account.
We offer our Registered Users the ability to access or modify personal information by logging into your Account and going to your profile page. If you need further assistance for such changes, please contact our Customer Service Department as directed at https://www.dekoponstack.com/contact-us/.
If you reside in certain states or international jurisdictions, you may be entitled to exercise additional rights with respect to your personal data. Please see the next two sections for more information.
(A) State specific Privacy Policies are outlined in the US Privacy Policy
This Section is provided specifically for California, Virginia, Connecticut, Colorado, Delaware, Utah, Iowa, Indiana, Tennessee, Oregon, Montana, and Texas. In addition to the disclosures provided in this Policy, (if you are a resident after January 1, 2024) you can exercise certain additional rights regarding your Personal data:
If you have an Account with us, you may access and change certain personal data (such as profile and transaction information) directly through your Account after logging in to the Services. Otherwise, to request a copy of personal data we have collected about you, to request a correction of your information, or to request that the your information be deleted, please contact us as provided at https://www.dekoponstack.com/contact-us/. You may authorize another person (your “agent”) to submit a request on your behalf the same way. Shortly after you (or your agent) submit a request, we will check our records for matching information and contact you (via email at the email address provided during submission of your request) with instructions on how to verify the request before we fulfill it. We will aim to complete your requests as soon as reasonably practicable and consistent with any applicable laws. Note that you can access and update Account information, or opt out of email marketing, as provided above.
You also have the right at any time to opt out of (i) selling or sharing of your personal data to third parties, and (ii) targeted advertising through third parties. We do not transfer your personal data to third parties in exchange for money but information may be shared with certain third party advertising partners for our targeted advertising purposes, specifically, limited identifying information may be shared with such partners through targeting cookies or other means.
Privacy laws may provide you with other opt-out rights which are inapplicable to us. In particular, we do not engage in impactful profiling activities with respect to Users, and we do not collect, use or disclose sensitive personal data (such as government identification number, precise geolocation, financial account credentials, etc.) except for the specific purpose(s) that you provide it.
We may not, and will not, discriminate against any individual for exercising their privacy rights, including those provided by the applicable privacy laws. Please note that we may otherwise continue to share your personal data with our affiliates and service providers, and as otherwise directed by you, for the purposes described in this Notice.
If we deny a privacy request, you may appeal the decision to us at the contact information provided below. To the extent possible, please describe the basis for your appeal and if there is any specific personal data that concern you. We will endeavor to provide a prompt response. If we deny your appeal, you can raise concerns with your state’s Office of the Attorney General.
(B) Residents of California Only
This Section is provided specifically for California residents.
(C) Nevada residents
Please note that we do not sell personal data as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6), but you can submit a request to us as directed below regarding the sale of such information.
This section is specifically intended for individuals residing outside of the United States (“US”). This includes residents of the European Economic Area (“EEA”) including the European Union (“EU”), the United Kingdom (“UK”), Switzerland and other relevant jurisdictions with respect to privacy and data protection laws applicable to us.
(A) Legitimate Bases for Processing
Where required by law, all processing of personal data is justified by a legally-recognized basis for processing. In the majority of cases, processing will be justified on one or more of the following bases for processing:
(B) Transfer of Personal Data
If you are in the EEA/EU, the UK, Switzerland or another jurisdiction that has imposed specific legal requirements regarding the lawful transfer of personal data from that jurisdiction to another country (e.g., the US), to the extent that we engage in such a transfer of your personal data (a “Cross-Border Transfer”) we will take steps to ensure that such Cross-Border Transfer satisfies applicable legal requirements. In particular:
For more information about the mechanism under which your personal data may be subject to Cross-Border Transfers, please contact us at legal@dekoponstack.com.
(C) Exercising Your Privacy Rights
Residents of certain jurisdictions are entitled to exercise certain rights under privacy laws applicable to their personal data. The rights described below are, for example, applicable to residents of the EEA/EU, Switzerland, UK, Brazil and other jurisdictions with laws similar to GDPR.
Please contact us as provided at https://www.dekoponstack.com/contact-us/ if you wish to exercise any of your rights, or if you have any inquiries or complaints regarding the processing of your personal data.
We maintain commercially-reasonable security measures designed to protect the transmission and storage of personal data, and ensure the integrity and security of our network and systems . This can include technical measures like encryption and firewalls, and organizational measures like security policies and procedures. Nevertheless, we cannot guarantee that our security measures will prove effective in all instances, such as due to sophisticated cyber-attacks. We will make any legally required disclosures in the event of any compromise of your personal data, and to the extent the law allows us to provide such notification via e-mail or conspicuous posting on the Services, you agree to accept notice in that form.
We apply a general rule of keeping personal data only for as long as required to fulfill the purposes for which it was collected including (i) to provide you with our products and services, such as to maintain Account records while active and after termination for the purposes described above, and (ii) as reasonably as necessary for legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.
With respect to marketing (absent other bases for collection or use), we endeavor to only retain personal data for 18 months after your last request for service or we engage in some other form of contact.
This Notice applies solely to personal data collected by our Services or in the course of our business activities. The Services may contain links to third party websites or services (including social media platforms). Dekopon Stack does not control nor is responsible for the privacy practices of those third parties and we encourage you to review the privacy policies of these third parties before using their websites or services.
You may see us promoted by other businesses on various websites, web pages, social media and other platforms. Please note that we do not always have complete information about where our brand may be displayed or promoted, and if you believe that we are featured in venues that are inappropriate or offensive, please contact us.
The Services are not intended for use by children under the age of 16 or anyone not of legal age to enter into the binding Terms with us, and Dekopon Stack does not knowingly collect, store, share or use the personal data of children under 16 years as a controller. If you are under the age of 16, you may not use the Services or provide any personal data to us. If anyone reports to us that we received personal data concerning any children under the age of 16 we will endeavor to promptly delete all such personal data.
Job applicants provide us with personal data as part of an employment application and review process that includes information like the applicant’s name, email, address and the contents of a resume and cover letter. We generally use this information to evaluate the individual for employment with us. Job applicants may provide additional information such as for routine background checks performed by a third party provider of such services. Other individuals we interact with may likewise provide us with contact information or other personal data in connection with our perspective, current or former relationship. We may provide more detailed privacy disclosures and request specific consent to use personal data from any such individuals at the time of collection, and you may exercise privacy rights afforded to you under applicable laws, such as the rights described above.
We reserve the right to revise, amend, or modify this Notice and our other policies and agreements at any time and in any manner, subject to applicable laws. You should periodically check for any modifications of this Notice by visiting this webpage and using the ‘refresh’ button on your browser
When visiting this page, note the ‘last modified’ data on this Notice. If the ‘last modified’ date remains unchanged, you may presume that no substantive changes have been made since the last reading of the Notice. A changed ‘last modified’ date indicates that this Notice has been updated or edited, and the modified version supersedes any prior versions.
If you have any questions in relation to this Notice or you wish to exercise any of your rights, please contact us as directed at https://www.dekoponstack.com/contact.
This Privacy Notice applies to the US states of California (CCPA), Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia residents and describes how Dekopon Stack (“we,” “us,” “our,” etc.), our affiliates, and service providers collect, use, and disclose information. This Notice also provides you with information about your choices and rights regarding your personal information. Unless otherwise noted, all capitalized terms carry the same meaning as in our Terms of Service.
In order to access or use certain portions of the Site or Services, or enjoy the full functionality of the Site or Services, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal information to us in the following ways:
persons who subscribe to the Services will be prompted to provide their name, their address, their e-mail, their phone number, and any other necessary billing information.
persons who complete registration forms to sign up for membership on the Site will be prompted to provide their e-mail address.
Site visitors, and prospective and current suppliers and subscribers, may provide personal information when filling in forms (for example, a “Contact us” form) on our Site or at a trade show or anywhere else we conduct business; by downloading documentation from our Site; by subscribing to newsletters or other communications; by corresponding with us by phone, e-mail or otherwise providing contact details. In these cases, typically, the personal information you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any inquiries or complaints.
This personal information is required to enter into a contract with us (such as in anticipation of a supply agreement, or to learn about our Services) or to perform a contract with you (such as to provide Services), and failure to provide any information may result in our inability to provide requested Services or products.
When you visit our Site or use the Services, information is passively or automatically collected by our web servers and by third party analytics tools we use, including but not limited to:
your domain;
your IP address;
your date, time and duration of your visit;
your browser type;
your operating system;
your page visits;
information from third parties;
other information about your computer or device;
Internet traffic.
We do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide voluntarily to us.
More information about our use of cookies can be found in our cookie policy https://www.dekoponstack.com/legal/cookie-policy/.
We may also obtain fraud & risk scoring data about you from third parties.
We may use your personal information as permitted or required by law, and for the following business purposes:
provide you with Services you have subscribed for, or otherwise requested;
provide you with documentation or communications which you have requested;
administer and manage performance of purchase or sales agreements with our suppliers and customers;
provide after-sales support;
correspond with users to resolve their queries or complaints;
market our services to persons whose Services have expired or otherwise been cancelled;
engage you about events, promotions, the Site, and Dekopon Stack's products and services;
process, evaluate and complete certain transactions involving the Site, and more generally transactions involving the Services;
operate, evaluate, maintain, improve and develop the Site (including by monitoring and analyzing trends, access to, and use of the Site for advertising and marketing);
to increase users' experience according to tracked interests, to analyze and target potential new markets, and for other marketing purposes;
We may also use personal information as we believe to be necessary or appropriate for certain essential purposes, including:
to enforce our Terms of Service, Anti-Spam Policy, Use Policy or any other applicable policies;
to protect our operations or those of our affiliates and ensure safety of the Site, Dekopon Stack confidential and proprietary information, and Dekopon Stack employees;
to manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;
to comply with applicable law and legal process, and to respond to requests from public and/or government authorities;
if we are or may be acquired by or merged with another company, if any of our assets are transferred to another company, or as part of a bankruptcy proceeding.
We also use deidentified and/or aggregate information to customize our marketing efforts or to customize the use of our site for an aggregate group of customers.
Any information (including personal information) provided in a user profile, member directory, or other related Service should be considered to be available to the public. We do not, cannot, and will not act to maintain the privacy of any information (including personal information) that you provide in any such forum or medium.
We also provide an internal messaging system for use between members of our community forum: discuss.dekoponstack.com. Any information (including personal information) that you send via this internal messaging system is not secure and is not considered to be private information. You should use caution when sending any personal information over the internal messaging system, and you should not transmit any information that you would not wish to see disclosed to the general public.
We may disclose personal data about Site visitors, users of our Services, or our suppliers or customers as permitted or required by law, and for the following business purposes:
To satisfy any laws, regulations, or governmental or legal requests for such data;
As necessary to identify, contact, or bring legal action against someone who may be violating our Terms of Service, Acceptable Use Policy or other user policies;
To protect ourselves, our subscribers, and the general public. We specifically reserve the right to disclose any and all information (including personal data) to law enforcement in the event that a crime is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
To cooperate with law enforcement authorities, private-party litigants, and others seeking information about our end users to the extent required by applicable law. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process
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 in connection with any bankruptcy or similar proceedings)
In connection with certain essential purposes described above (e.g., to comply with legal obligations).
In addition, information that is passively collected when you use the Site or Services may be disclosed to our online and email advertisers or other third party vendors we use and who may provide cookies, pixel tags, web beacons, clear GIFs or other similar technologies for use on the Site or other websites to manage and improve our online and email advertising campaigns.
The Site is not for use by children under the age of 16 years and Dekopon Stack does not knowingly collect, store, use or share the personal information of children under 16 years.
IF YOU ARE A CALIFORNIA RESIDENT UNDER THE AGE OF 18, DO NOT SHARE ANY PERSONAL INFORMATION ON THE SITE, IN POSTS OR VIA MESSAGING. If you do post any personal information, you can remove it using Services functionality. This removal may not be complete given the nature of the Internet. Contact us at support@dekoponstack.com for assistance.
We implement reasonable administrative, physical and electronic security measures designed to protect your personal information from unauthorized access. Nevertheless, we cannot guarantee that your personal information will not be accessed, disclosed, altered, or destroyed. We will make any legally required disclosures in the event of a breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal information.
The Site may contain links to third party sites which are provided for your convenience only. Dekopon Stack does not control and is not responsible for the privacy practices of those third party sites, and we encourage you to review the privacy policies of such sites.
The California Consumer Privacy Act (the “CCPA”) provides various rights to California residents and households with respect to the personal information that we have collected about you.
Access and Copies. You may request the following information from us up to two times in a 12 months period:
(1) The categories of personal information we have collected about you in the past 12 months;
(2) The categories of sources from which the personal information is collected;
(3) The business or commercial purpose for collecting or selling (if applicable) the personal information;
(4) The categories of third parties with whom we share personal information; and
(5) The specific pieces of personal information we have collected about you.
Deletion. You may request that we delete your personal information. Note that deletion requests are subject to certain limitations, for example, we may retain personal information as permitted by law, such as for recordkeeping purposes, to maintain an active account, and to process transactions and facilitate customer requests.
Do Not Sell. We will not sell your Personal Information to third parties.
Non-Discrimination. You have the right to exercise your rights described above free from discriminatory practices prohibited by California law.
If you have an account with us and wish to request a copy of the personal information we have collected about you, or to request that your information be deleted, please login and contact us. Otherwise, please email us at support@dekoponstack.com.
We will respond to requests that comply with California law within the timeframe permitted and depending on the nature of the request.
We may revise, amend, or modify this California Notice from time to time. Please reference the “Last Updated” legend at the top of this page to see when it was last revised. Any changes to this California Notice will become effective as to California residents when we post the revised Notice on the Site. Your use of the Site or Services following these changes means that you accept the revised California Notice.
If you have any questions to this California Notice, please contact us at https://dekoponstack.com/contact.
If you have any questions to this California Notice, please contact us at https://www.dekoponstack.com/contact.
Dekopon Stack, LLC (Dekopon Stack, we, us) believes it is important that you understand how Dekopon Stack collects, stores, shares and uses information from and about our Site visitors, subscribers, customers and vendors.
This EU/UK GDPR Privacy Notice (Notice), our cookie policy and other legal notices posted on this website www.dekoponstack.com (Site), describes our collection, use and disclosure of personal data.
(i) collected through the Site, or
(ii) when you subscribe to, or otherwise use our online services (Services), or
(iii) in the course of our business activities conducted elsewhere, whenever we act as the controller of that data and when its processing is governed by EU General Data Protection Regulation or the UK General Data Protection Regulation (together, the "GDPR").
This Notice does not apply to the information collected, stored, shared, or distributed by third-party sites. This Notice may be updated from time to time.
For the purposes of applicable data protection law, Dekopon Stack is the controller of any personal data collected from you on the Site, through the Services, or otherwise for the purpose of conducting or developing our business with customers and vendors. For the purposes of this Notice, personal data means any information relating to an identified or identifiable person.
When you visit our Site, or use our Services, our server automatically collects certain browser or device generated information, including but not limited to:
your domain;
your IP address;
your date, time and duration of your visit;
your browser type;
your operating system;
your page visits;
information from third parties;
other information about your computer or device;
Internet traffic.
In some cases this information constitutes personal data, We do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed below.
In order to access or use certain portions of the Site or Services, or enjoy the full functionality of the Site or Services, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:
Persons who subscribe to our Services will be prompted to provide their name, their address, their e-mail, their phone number, and any other necessary billing information.
Persons who complete registration forms to sign up for membership on our Site will be prompted to provide their e-mail address.
Site visitors, and prospective and current suppliers and subscribers, may provide personal data when filling in forms (for example, a 'Contact us' form) on our Site or at a trade show or anywhere else we conduct business; by downloading documentation from our Site; by subscribing to newsletters or other communications; by corresponding with us by phone, e-mail or otherwise providing contact details. In these cases, typically, the personal data you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any inquiries or complaints.
This personal data is required to enter into a contract with you (such as in anticipation of a supply agreement, or to learn about our Services) or to perform a contract with you (such as to provide Services), and failure to provide any information may result in our inability to provide requested Services or products.
We may also obtain fraud & risk scoring data about you from third parties, namely MaxMind and Kount.
Our Site uses cookies. More information about our use of cookies can be found in our cookie policy.
The following is an overview of our purposes for using your personal data. Additional details on how we process your personal data may be provided to you in a separate notice or contract.
All processing and use of your personal data is justified by a "condition" for processing. In the majority of cases, processing will be justified on the basis that:
the processing is necessary to perform a contract with you (such as if you subscribe to our Services) or take steps to enter into a contract at your request (such as to fill an order), or to provide product information you have requested;
the processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting records;
the processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. Our legitimate interests are to use subscriber, Site user, supplier and customer data to conduct and develop our business activities with them and with others while limiting the use of their personal data to purposes that support the conduct and development of our business; or
you have consented to the processing.
We use the personal data we collect to:
provide you with Services you have subscribed for, or otherwise requested;
provide you with documentation or communications which you have requested;
administer and manage performance of purchase or sales agreements with our suppliers and customers;
provide after-sales support;
correspond with users to resolve their queries or complaints;
market our services to persons whose Services have expired or otherwise been cancelled;
engage you about events, promotions, the Site and Dekopon Stack's products and services;
process, evaluate and complete certain transactions involving the Site, and more generally transactions involving Dekopon Stack's products and services;
operate, evaluate, maintain, improve and develop the Site (including by monitoring and analysing trends, access to, and use of the Site for advertising and marketing);
to increase your (and other users') experience according to tracked interests, to analyze and target potential new markets, and for other marketing purposes.
protect and ensure safety of the Site, Dekopon Stack confidential and proprietary information, and Dekopon Stack employees;
manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;
We also use non-personal data and aggregate information, such as that collected automatically, to customize our marketing efforts or to customize the use of our site for an aggregate group of customers.
Dekopon Stack will not sell or rent your personal data to third parties.
We may disclose personal data about Site visitors, users of our Services, or our suppliers or customers if, in our sole discretion, we believe that it is reasonable to do so, including:
To satisfy any laws, regulations, or governmental or legal requests for such data;
To disclose personal data that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies;
To protect ourselves, our subscribers, and the general public. We may, where appropriate or required, disclose information (including personal data) to law enforcement in the event that a crime is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
To cooperate, where required, with law enforcement authorities, private-party litigants, and others seeking information about our end users to the extent required by applicable law. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
Share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets;
If you are in the UK or the European Economic Area ("EEA") (including the European Union ("EU")) and your personal data is transferred outside the UK or outside of the EEA (as applicable) to other Dekopon Stack affiliates or to third party service providers, we will take steps to ensure that your personal data receives the same level of protection as if it remained within the UK or EEA (as applicable).
If we transfer UK data to the EEA, this is covered by the UK's decision that EEA countries provide adequate protection for personal data.
If we transfer EEA data to the UK, this is covered by the EC decision that the UK provides adequate protection for personal data.
If we transfer UK or EEA data to other countries (including the United States of America), not subject to an equivalent legal adequacy decision, we will take steps to protect your personal data to the same degree. This may include entering into data transfer agreements using any applicable, valid standard contractual clauses ("SCCs") with our suppliers and other business partners and in taking any appropriate supplementary safeguards. We currently rely on SCCs for our transfers to the USA,[including to our group companies].
You have a right to obtain details of the mechanism under which your personal data is transferred outside of the EEA or UK by contacting legal@dekoponstack.com.
Dekopon Stackreserves the right to share any information that you provide which is not deemed personal data or is not otherwise subject to contractual restrictions.
The Site is not for use by children under the age of 16 years and Dekopon Stack does not knowingly collect, store, share or use the personal data of children under 16 years. If you are under the age of 16 years, please do not provide any personal data, even if prompted by the Site to do so. If you are under the age of 16 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify Dekopon Stack and Dekopon Stack will delete all such personal data.
Where lawful to do so, and subject to your consent where required, we may communicate with you by e-mail to tell you about our products and services. If you wish to opt-out of receiving marketing communications, please use the 'unsubscribe' link provided in our emails.
If you are a subscriber to our Services, we may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by filling out the form at https://www.dekoponstack.com/unsubscribe/ or by clicking the opt-out link at the bottom of these emails. If you opt out of these marketing emails, you may still receive system notices and other information that is specifically related to your subscription account.
We take measures, including data encryption, to protect the transmission of all sensitive end-user information. We make reasonable efforts to ensure the integrity and security of our network and systems. Nevertheless, we cannot guarantee that our security measures will prevent third-party 'hackers' from illegally obtaining this information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals we are unable to guarantee that our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite our reasonable security measures.
We apply a general rule of keeping personal data only for as long as required to fulfil the purposes for which it was collected. In general, we retain your personal data for a period of time corresponding to a statute of limitation, for example to maintain an accurate record of your dealings with us. However, in some circumstances we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.
With respect to marketing, we retain your personal data for 18 months after your last request for service or other contact you initiate.
The Site may contain links to third party sites. Since Dekopon Stack does not control nor is responsible for the privacy practices of those Sites, we encourage you to review the privacy policies of these third party sites. This Notice applies solely to personal data collected by our Sites or in the course of our business activities.
Right to withdraw consent - where applicable, you have the right to withdraw your consent at any time. For example, if you wish to opt-out of receiving electronic marketing communications, you can change your settings in your account on the Site, use the 'unsubscribe' link provided in our emails or otherwise contact us directly and we will stop sending you communications.
Right of access, rectification and erasure - you have the right to request access to and obtain a copy of any of your personal data that we may hold, to request correction of any inaccurate data relating to you and to request the deletion of your personal data under certain circumstances. You can see and update most of this data yourself online, or by contacting us directly at https://www.dekoponstack.com/contact
Data portability - where we are relying (as the legal basis for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the personal data is processed by automatic means, you have the right to receive all such personal data which you have provided us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
Right to restriction of processing - you have the right to restrict our processing of your personal data (that is, allow only its storage) where:
you contest the accuracy of the personal data, until we have taken sufficient steps to correct or verify its accuracy;
where the processing is unlawful but you do not want us to erase the personal data;
where we no longer need your personal data for the purposes of the processing, but you require such personal data for the establishment, exercise or defence of legal claims; or
where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.
Where your personal data is subject to restriction we will only process it with your consent or for the establishment, exercise or defence of legal claims.
You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law.
Right to object to processing (including profiling) based on legitimate interest grounds - where we are relying upon legitimate interests to process personal data, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
Right to object to direct marketing (including profiling) - you have the right to object to our use of your personal data (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events.
Please contact us as indicated in Contact Informationhttps://www.dekoponstack.com/contact if you wish to exercise any of your rights, or if you have any inquiries or complaints regarding the processing of your personal data.
We reserve the right to revise, amend, or modify this Notice and our other policies and agreements at any time and in any manner. You should periodically check for any modifications of this Notice by re-visiting this web page and using the 'refresh' button on your browser.
You should note the date of last revision to this Notice, which appears at the top of this Notice.
If the 'last modified' date remains unchanged after you have clicked the 'refresh' button on your browser, you may presume that no changes have been made since the last reading of the Notice.
A changed 'last modified' dates indicates that this Notice has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
If you have any questions in relation to this Notice or you wish to exercise any of your rights, please contact us at:
Dekopon Stack, LLC ("Dekopon Stack”, “we”, “us”, or “our”) believes it is important that you understand how Dekopon Stack collects, stores, shares, and uses information from and about our Site (as defined below) visitors, subscribers, customers and vendors (“you”, or “your”).
This Privacy Notice (“Notice”), our cookie policy and other legal notices posted on this website, www.dekoponstack.com (“Site”) describe our collection, use and disclosure of personal data.
(i) collected through the Site, or
(ii) when you subscribe to, or otherwise use our online services (“Services”), or
(iii) in the course of our business activities conducted elsewhere, whenever we act as the data fiduciary of that data and when its processing is governed by India’s Digital Personal Data Protection Act ("DPDPA").
This Notice does not apply to the information collected, stored, shared, or distributed by third-party websites.
For the purpose of DPDPA, Dekopon Stack is the data fiduciary of any personal data collected from you on the Site, through the Services, or otherwise for the purpose of conducting or developing our business with customers and vendors. For the purposes of this Notice, personal data means any data about an individual who is identifiable by or in relation to such data.
When you visit our Site, or use our Services, our servers automatically collect certain browser or device generated information, including but not limited to:
your domain;
your IP address;
your date, time, and duration of your visit;
your browser type;
your operating system;
your page visits;
information from third parties;
other information about your computer or device; and
Internet traffic
In some cases this information constitutes personal data, we do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed below.
In order to access or use certain portions of the Site or Services, or enjoy the full functionality of the Site or Services, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:
Persons who subscribe to our Services will be prompted to provide their name, their address, their e-mail, their phone number, and any other necessary billing information.
Persons who complete registration forms to sign up for membership on our Site will be prompted to provide their e-mail address.
Site visitors, and prospective and current suppliers and subscribers, may provide personal data when filling in forms (for example, a ‘Contact us’ form) on our Site or at a trade show or anywhere else we conduct business; by downloading documentation from our Site; by subscribing to newsletters or other communications; by participating in the forums; by providing feedback or ratings; by corresponding with us by phone, e-mail or otherwise providing contact details. This includes information uploaded as part of your own content or the content of your end users. In these cases, typically, the personal data you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any inquiries or complaints.
Persons who create an account on the Site, their passwords will be collected.
This personal data is required to enter into a contract with you (such as in anticipation of a supply agreement, or to learn about our Services) or to perform a contract with you (such as to provide Services), and failure to provide any information may result in our inability to provide requested Services or products.
We may also obtain fraud and risk-scoring data about you from third parties, namely MaxMind and Kount.
Our Site uses cookies. More information about our use of cookies can be found in our cookie policy https://www.dekoponstack.com/legal/cookie-policy/.
The following is an overview of our purposes for using your personal data. Additional details on how we process your personal data may be provided to you when you request them as detailed below.
All processing and use of your personal data are done in accordance with the provisions of DPDPA where either you have provided consent or for certain legitimate uses. In the majority of cases, processing will be justified on the basis that:
the processing is necessary to perform a contract with you (such as if you subscribe to our Services) or take steps to enter into a contract at your request (such as to fill an order), or to provide product information you have requested;
the processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting records;
the processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. Our legitimate interests are to use subscriber, Site user, supplier and customer data to conduct and develop our business activities with them and with others while limiting the use of their personal data to purposes that support the conduct and development of our business; or
you have consented to the processing.
We use the personal data we collect to:
provide you with Services you have subscribed for, or otherwise requested;
provide you with documentation or communications which you have requested;
administer and manage performance of purchase or sales agreements with our suppliers and customers;
provide after-sales support;
correspond with users to resolve their queries or complaints;
market Services to persons whose Services have expired or otherwise been canceled;
engage you about events, promotions, the Site and Dekopon Stack’s Services;
process, evaluate and complete certain transactions involving the Site, and more generally transactions involving Dekopon Stack’s products and services;
operate, evaluate, maintain, improve and develop the Site (including by monitoring and analyzing trends, access to, and use of the Site for advertising and marketing);
to increase your (and other users’) experience according to tracked interests, to analyze and target potential new markets, and for other marketing purposes.
protect and ensure safety of the Site, Dekopon Stack confidential and proprietary information, and Dekopon Stack employees;
manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;
We also use non-personal data and aggregate information, such as that collected automatically, to customize our marketing efforts or to customize the use of the Site for an aggregate group of customers.
Dekopon Stack will not sell or rent your personal data to third parties.
We may disclose personal data about Site visitors, users of our Services, or our suppliers or customers if, in our sole discretion, we believe that it is reasonable to do so, including:
to satisfy any laws, regulations, or governmental or legal requests for such data;
to disclose personal data that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies;
to protect ourselves, our subscribers, and the general public. We may, where appropriate or required, disclose information (including personal data) to law enforcement in the event that a crime is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process;
to cooperate, where required, with law enforcement authorities, private- party litigants, and others seeking information about our end users to the extent required by applicable law. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process; or
share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets.
By accessing the Site, you agree and provide your consent to transfer and store personal information to our servers located in Bangalore, Delhi, and Mumbai, India. For a complete listing of all data centers and locations please visit https://www.dekoponstack.com/features/datacenter-locations/. We undertake all reasonable measures to ensure the security of the personal information shared by you.
The Site is not for use by children under the age of 18 years and Dekopon Stack does not knowingly collect, store, share or use the personal data of children under 18 years. If you are under the age of 18 years, please do not provide any personal data, even if prompted by the Site to do so. If you are under the age of 18 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify Dekopon Stack and Dekopon Stack will delete all such personal data.
Where lawful to do so, and subject to your consent where required, we may communicate with you by e-mail to tell you about our Services. If you wish to opt-out of receiving marketing communications, please use the ‘unsubscribe’ link provided in our emails.
If you are a subscriber to our Services, we may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by filling out the form at https://www.dekoponstack.com/unsubscribe/ or by clicking the opt-out link at the bottom of these emails.
If you opt out of marketing emails, you may still receive system notices and other information that is specifically related to your subscription or account.
We take measures, including data encryption, to protect the transmission of all sensitive end-user information. We make reasonable efforts to ensure the integrity and security of our network and systems. Nevertheless, we cannot guarantee that our security measures will prevent third-parties from illegally obtaining this information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals we are unable to guarantee that our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite our reasonable security measures.
Dekopon Stack maintains personal data only for as long as required to fulfill the purposes for which it was collected, except Dekopon Stack may retain personal information as described below:
11.1. Legitimate Purpose: Personal information necessary for our legitimate purposes, such as record keeping, resolution of disputes, enforcement of our agreements, protection of our rights, prevention and detection of fraud, or misuse of our Services, may be retained as long as necessary to fulfill such legitimate interests. We will not retain personal information for such legitimate purposes if we believe that your interests or fundamental rights and freedoms override our legitimate interests.
11.2. Legal Obligations: Personal information necessary to fulfill our legal obligations, such as taxation, data retention, reporting obligations, and other obligations under applicable law, court order, or law enforcement request, may be retained as long as required to comply with such legal obligations.
11.3. Marketing Emails: With respect to marketing, we retain your personal data for 18 months after your last request for service or other contact you initiate.
The Site may contain links to third-party sites. Since Dekopon Stack does not control nor is responsible for the privacy practices of those Sites, we encourage you to review the privacy policies of these third-party sites. This Notice applies solely to personal data collected by our Sites or during our business activities.
Please contact us as indicated in Clause 15 (Contact information) if you wish to exercise any of your rights, or if you have any inquiries or complaints regarding the processing of your personal data.
Right to erasure: Dekopon Stack deletes personal information under Clause 11 above. You may, at any time, request Dekopon Stack to delete your personal information. In certain situations, we may retain some or all of your personal information in accordance with Clause 11 above. We may refuse to grant this request if we consider the retention of personal information to be necessary for us to protect our legal rights, for law enforcement purposes, for compliance with a legal requirement or court order, or for detection or prevention of fraud or misuse of our Service or properRes.
Right to access and correction: Upon request by you, we will inform you whether we hold any personal information, and if yes, what personal information we have. Some categories of your personal information can be modified in your account. For personal information that cannot be modified through your account, please contact us. Unmodified personal information may remain in back-ups and records subject to Clause 11 above.
Right of grievance redressal: You have the right to grievance redressal, facilitated by Dekopon Stack, concerning any act or omission concerning the fulfillment of obligations pertaining to your personal data or the exercise of your rights under the provisions of the DPDPA. Dekopon Stack is committed to responding to any grievances promptly from the date of the receipt of such request. You may only approach the Data Protection Board after notifying us of your grievance first.
Right to nominate: You may designate an alternate individual who, in the event of the Your demise or incapacitation, may duly exercise the rights conferred in this Privacy Policy.
You may contact the Data Protection Board if your grievance is not resolved by Dekopon Stack.
We reserve the right to revise, amend, or modify this Notice and our other policies and agreements at any time and in any manner. You should periodically check for any modifications to this Notice by re-visiting this web page and using the ‘refresh’ button on your browser.
You should note the date of the last revision to this Notice, which appears at the top of this Notice.
If the ‘last modified’ date remains unchanged after you have clicked the ‘refresh’ button on your browser, you may presume that no changes have been made since the last reading of the Notice.
A changed ‘last modified’ date indicates that this Notice has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
Should you have any inquiries regarding this notice, or should you require translation of this notice into your regional language, or if you wish to assert any of your rights, please contact us at:
Eddie Powell
privacy@dekoponstack.com
This Acceptable Use Policy (the “AUP”) describes prohibited uses and acceptable practices relating to the use of Dekopon Stack, LLC and its affiliates (“Dekopon Stack”, “us”, “our”)’s network of internet properties (including online platforms, websites and applications), products, materials and online services (collectively, the “Services”) by Dekopon Stack’s customers and users that have gained access to the Services by visiting, purchasing Services and/or registering accounts (collectively, “You,” “Customers,” or “Users”). The Services must be used in a manner that is consistent with the intended purpose of the Services and the terms of the applicable agreement with Dekopon Stack, including our Terms of Service (the “Terms”) to which this AUP is incorporated by reference.
The examples described in this AUP are not exhaustive. We may modify this AUP at any time by posting a revised version on the Services. By using the Services, You consent to be bound by the terms of the latest version this AUP. Terms not defined herein are defined in our Terms of Service. You agree to comply with this AUP. You also agree to require your end Users to comply with this AUP. If you violate the AUP or authorize or help others to do so (including your end Users), we may suspend or terminate your use of the Services and delete your Account.
You may not use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, criminal, unlawful, harmful, fraudulent, infringing or offensive use or enterprise, or to transmit, store, display, distribute or otherwise make available information or content (including User Content) that is illegal, unlawful, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
You agree to comply at all times with our Anti-Spam Policy. You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “SPAM”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider. You will not use ANY of our communication tools (forums, messaging, feeds) to market other businesses or opportunities not related to (or approved by) the Service.
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
You may not make network connections to any Users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
You agree to (i) comply with this AUP, (ii) comply with all laws and regulations applicable to you, including, without limitation, criminal laws, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements within your field; and (iii) use the Services in a professional manner.
We reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse of the Services. We may:
If you violate this AUP or any other provision of the Terms of Service or otherwise create liability for us or any other person, including reputational harm, we may (without limitation) and in addition to the above, terminate or suspend your Account, your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this AUP. We may also take legal action to enforce our rights, and/or report you to appropriate law enforcement authorities, regulators, or other appropriate third parties. PLEASE BE AWARE THAT WE COOPERATE WITH LAW ENFORCEMENT AND REPORT SUSPICIOUS AND/OR ILLEGAL ACTIVITY.
Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this AUP.
In accordance with our Privacy Policy, we also may share and/or use your information to protect the safety, rights, property, or security of Dekopon Stack, our services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, cybersecurity, cybercrimes or technical issues; to prevent or stop any activity that Dekopon Stack, in its sole discretion, may consider to be, or to pose a risk of being, illegal, unethical, or legally actionable; to use as evidence in litigation; to conduct audits; and/or to enforce this Acceptable Use Policy, and our Terms of Service.
Dekopon Stack does not control or endorse the Content, messages or information found in the Services and, therefore, Dekopon Stack specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service. Dekopon Stack shall have no obligation to maintain any Content after termination of the Services.
The Services are designed to enable you and your end users to communicate with others via the Internet. You agree to use the Services (and to require your users to use the Services) only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and your end users) will not:
If you become aware of any violation of this AUP, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this AUP, please contact us at abuse@dekoponstack.com.
Our Website, https://www.dekoponstack.com, adopts the following Anti-Spam Policy, effective January 29, 2015
This Spam Policy pertains to all Websites owned or operated by Dekopon Stack, LLC (hereinafter "DekoponStack.com "). DekoponStack.com subscribes to a strict "No Spam" Policy as exhibited and explained by this Policy. DekoponStack.com will not profit from, nor allow anyone else to profit from Spam of any kind. DekoponStack.com will terminate any and all relationships with any entity producing illegal Spam, and DekoponStack.com will cooperate with law enforcement to see to it that illegal spammers are prosecuted to the fullest extent of the law.
Who should read and follow this Policy:
If you have any relationship, whatsoever, to DekoponStack.com, you must, as a condition of a continued relationship with DekoponStack.com read and familiarize yourself with this Policy and follow it in its entirety.
The Parties addressed in this Policy are:
Dekopon Stack, LLC d/b/a https://www.dekoponstack.com which may also be referred to as "Dekopon Stack" OR DekoponStack.com or "We, Us, or Our."
All Affiliates or members of the Website.
Any other Affiliate(s), employee(s), contractor(s), servant(s), or agent(s) ("Affiliate" or "you/your"), of DekoponStack.com. The existence of one of the aforementioned relationships to us neither creates nor implies the existence of another.
We consider any dissemination of unsolicited commercial email (i.e., "spam") to be STRICTLY PROHIBITED.
Although federal law allows the dissemination of unsolicited bulk email under certain, tightly regulated conditions, we have elected to impose a stricter, total spam ban policy, for all affiliates and promoters of this website. This means that Members are prohibited from engaging in any bulk email promotions to disseminate their profiles or any other information about DekoponStack.com, regardless of how the recipient email addresses are acquired, generated or obtained. This also means that use of opt-in, double opt-in, or any form of email address recipient list is likewise prohibited, regardless of whether such activities are otherwise permitted by state or federal law.
Any violation of this strict Anti-Spam Policy will be grounds for immediate termination and forfeiture of all unpaid commissions or entitlement thereto. We reserve the right to audit and investigate compliance with the Anti-Spam Policy at any time, with or without notice.
We are committed to stemming the flow of Spam that is prohibited by law. However, our commitment to eliminating Spam goes much further than what the law requires. Spam, in all its forms, is annoying and burdensome, and is inconsistent with our corporate policies. Consistent with this commitment and our policies, we prohibit types of Spam that have not yet been contemplated by the law, including:
Spim or instant messenger Spam;
Spamming of internet newsgroups;
Spamming on Craigslist or other classified services, except in areas designated for such use;
use of any personal service to Spam other members;
any other method of Spamming.
In short, if you are sending a message to a recipient who does not know you, in some capacity, you may not send any information about us. If you are posting an ad somewhere that has our company information in it, that ad must be "on topic" and properly listed.
All affiliates, agents, employees or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold us harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the Act, or other applicable laws regulating transmission of commercial email. DekoponStack.com shall provide immediate notice of any and all such claims, however the Site shall select its own attorneys to defend such claims, at the sole and exclusive expense of the affiliate, agent, employee or promoter responsible for the alleged violation.
DekoponStack.com may suspend any instance which it believes to be transmitting or is otherwise connected with any spam or other unsolicited bulk email, pending investigation/resolution in cooperation with the account holder.
Any questions or comments regarding this Anti-Spam Policy should be directed to: abuse@dekoponstack.com.
Dekopon Stack offers a 100% uptime guarantee via this Service Level Agreement based on network and host node availability. Collectively, these guarantees may be referred to as the “SLA.” This SLA is provided as a supplement to the Hosting Terms and Conditions You agreed to in becoming a Dekopon Stack customer, which is hereby incorporated by reference as an indispensable part of this SLA.
This uptime guarantee is applicable on a per-service-item basis and is not applied to Your entire invoice. For example, if You have fifty (50) servers with Us, and one (1) of those servers experiences downtime, any credit due to You under this uptime guarantee would be proportional to that one (1) server’s downtime and not Your entire account with Us. This uptime guarantee does not apply to the accessibility of Dekopon Stack’s web property, DNS servers, API, or control panel.
Dekopon Stack does not proactively monitor the packet loss or transmission latency of specific customers. Dekopon Stack does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN. In the event that Dekopon Stack discovers (either from its own efforts or after being notified by You) that You are experiencing packet loss in excess of one percent (1%) (“Excess Packet Loss”) between your instance and one hop from Dekopon Stack’s border router(s) (first hop of egress providers router) and You notify Dekopon Stack via a support ticket (or Dekopon Stack has notified You of an event), Dekopon Stack will take all actions necessary to determine the source of the Excess Packet Loss/Latency.
The uptime guarantee ONLY applies to network and instance availability during normal operation. The uptime guarantee does NOT apply to server-side software uptime. Any outage due to server software, operating systems, improper configurations, denial of service attack against your instance, instance suspension, instance paused/halted for any reason, or any other non-network or non-“host node” outage, for any reason and whether or not such outage is caused by Us due to upgrading, troubleshooting or performing any other tasks, is not subject to this uptime guarantee. The guarantee does NOT apply when a scheduled maintenance occurs with a minimum of twenty-four (24) hour notice or in the event a time critical patch/update must be applied as long as the outage/packetloss does not exceed ten (10) minutes.
Furthermore, none of the guarantees in this SLA may be combined. For example, a hardware outage that also disrupts network activity will not qualify You for two (2) separate credits. If for example, a hardware outage was the basis for the connectivity loss, the entire event will count as one single outage for the purpose of determining applicable credit.
Dekopon Stack Talon Cloud GPU product has limited availability. Due to this limitation, GPU instances are not included in the Dekopon Stack SLA. In the event of a hardware failure, Dekopon Stack will make a best effort to restore your GPU instances in the same or nearest location as quickly as possible. Upon request you will be refunded for any period of downtime of your GPU instance.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Content that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to the Digital Millennium Copyright Act ("DMCA") 17 U.S. Code § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to Our Designated Agent for notice of claims of infringement:
Attn: Saad Ahmed, DMCA Agent.
Email: dmca@dekoponstack.com
Please do not send other inquiries or information to our Designated Agent.
To be sure the matter is handled immediately, Your written notice must:
Contain Your electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
Contain a statement that the information in the written notice is accurate; and
Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Designated Agent will be unable to address the listed concern.
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Designated Agent with a written counter-notification that includes the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
The DMCA imposes significant penalties – including court costs and attorneys’ fees – on those who abuse the infringement notification procedure, by misrepresenting either that material is infringing, or that material was removed by mistake. Dekopon Stack will pursue those who abuse its DMCA notice or counter-notification procedure, and will cooperate with law enforcement in any investigation of such abuse. Please make sure that you meet all the qualifications before submitting a DMCA notice to our Designated Agent.
We reserve the right, in Our sole discretion, to terminate the account or access of any user of the Service who is the subject of repeated DMCA or other infringement notifications.
Welcome to the Dekopon Stack Marketplace for Apps. The Dekopon Stack App Marketplace (the “Dekopon Stack Marketplace”) is an online marketplace for cloud and downloadable software applications, plugins and extensions (“Marketplace Apps” or “Apps”) that are designed to interoperate with Dekopon Stack’s software, cloud offerings and services (“Dekopon Stack Services”).
Use of this Dekopon Stack Marketplace is governed by these Dekopon Stack Marketplace Terms (the “Marketplace Terms”), which form a legally binding agreement between you and Dekopon Stack (“Dekopon Stack,” “we,” or “us”), and which form part of, and are hereby incorporated by reference into, the Dekopon Stack Terms of Service.
BY PLACING AN ORDER (DEFINED BELOW) FOR AN APP, OR ACCESSING OR USING THIS DEKOPON STACK MARKETPLACE, YOU INDICATE YOUR ASSENT TO BE BOUND BY THESE MARKETPLACE TERMS. IF YOU DO NOT AGREE TO THESE MARKETPLACE TERMS, DO NOT PLACE AN ORDER OR USE OR ACCESS THE DEKOPON STACK MARKETPLACE.
1. Types of Marketplace Apps. Marketplace Apps available through the Dekopon Stack Marketplace are designed for use with Dekopon Stack Services. Marketplace Apps are usually made available at no additional charge, however no costs for the Apps do not mean no cost for any App-related services, which are charged separately. The listing for each Marketplace App will identify the provider of the Marketplace App (“Vendor”), which may be Dekopon Stack or a third party. Marketplace Apps for which Dekopon Stack is the Vendor are “Dekopon Stack Apps,” and Marketplace Apps for which the Vendor is a third party are “Third-Party Apps”. As between Dekopon Stack and the users downloading Marketplace Apps, most Vendors are third parties, who create, own and are responsible for their own Marketplace Apps as further described in the Terms of Service. In all cases, you may only use Marketplace Apps with the Dekopon Stack Services with which they are designed to be used (as identified in the Marketplace App’s listing). If you are a Vendor, you are subject to all the obligations in the Terms of Service.
2. Placing Orders. “Orders” for the Dekopon Stack Marketplace include any order, purchase, installation, trial, download or enablement of a Marketplace App (including renewals and upgrades), whether through the Dekopon Stack Marketplace, Dekopon Stack Services or other processes or interfaces we make available. All Orders are subject to the Terms of Service. Your Order will identify the Vendor, your authorized scope of use of the Marketplace App (such as the platform or number of seats) and license or subscription term, as applicable. Once you complete your Order, Dekopon Stack will provide you with access to the applicable Marketplace Apps, including any relevant license or access keys, as described in the listing. If you order a Marketplace App through Dekopon Stack, Dekopon Stack will provide the Vendor with the information you provide in completing the order, such as your name, company name (if any), addresses (including e-mail address) and phone number.
3. Compliance with Policies. Your Orders and use of the Dekopon Stack Marketplace are also subject to all of Dekopon Stack’s posted policies, which are incorporated into the Terms of Service and as these may be modified from time to time.
4. Use of Marketplace Apps.
(a) Vendor Terms. Without limiting the disclaimers, restrictions or other provisions in the Terms of Service, usage of Marketplace Apps is subject to the license or subscription terms, privacy policies and other applicable terms specified by the Vendor (“Vendor Terms”). Vendor Terms are typically included on the Marketplace App’s listing page or presented through the Order process. You may not use a Marketplace App if you do not agree to the relevant Vendor Terms. Third-Party Apps are subject to the third party’s Vendor Terms, not the Dekopon Stack App Terms. By ordering, installing or enabling any Third-Party App, you are entering into the Vendor Terms directly with the applicable third-party Vendor. Dekopon Stack is not a party to, or responsible for compliance with, any third-party Vendor Terms, and does not guarantee any third-party Vendor Terms are adequate for your own needs. Please refer to Section 10(a) for more.
(b) Dekopon Stack Apps. If Dekopon Stack is the provider of the Marketplace App, any Additional Terms that govern the Dekopon Stack Service with which the App is enabled or used shall be provided with the Dekopon Stack App (the “Dekopon Stack App Terms”). In event of a conflict between the Terms of Service and the Dekopon Stack App Terms, the Dekopon Stack App Terms will control as to each party’s rights and responsibilities related to the Dekopon Stack App itself, while the Terms of Service will control as to the Dekopon Marketplace generally.
5. Support and Maintenance. Any support and maintenance of Third-Party Apps will be provided by the applicable Vendor and only to the extent described in the applicable Vendor Terms. Dekopon Stack is not responsible for any support and maintenance for Third-Party Apps, and a Vendor’s failure to provide any support or maintenance does not entitle you to any remedy from Dekopon Stack. If Dekopon Stack is the provider, it will provide any support and maintenance in accordance with the Dekopon Stack App Terms.
6. Reservation of Rights. Except for the rights explicitly granted to you in the Terms of Service and in the Vendor Terms for each Marketplace App, all right, title and interest (including intellectual property rights) in the Dekopon Stack Marketplace are reserved by Dekopon Stack, and all right, title and interest (including intellectual property rights) in the Marketplace Apps are reserved and retained by their respective Vendors and licensors. Marketplace Apps are provided on a license or subscription basis, not sold, and you do not acquire any ownership rights in the Dekopon Stack Marketplace or the Marketplace Apps.
7. Data Collection and Sharing.
(a) Third-Party Vendor Use of Data. If you place an Order for Third-Party Apps, you authorize Vendors to access or use certain data in the applicable Dekopon Stack Services. This may include transmitting, transferring, modifying or deleting such data, or storing such data on Vendor or third-party systems. Any third-party Vendor’s use of accessed data (whether data in the Dekopon Stack Services or separately collected from you or your device) is subject to the applicable Vendor Terms. Dekopon Stack is not responsible for any access, use, transfer or security of data or information by third-party Vendors or by Third-Party Apps, or for the security or privacy practices of any third-party Vendor, Third-Party App or their processors. You are solely responsible for your decision to permit any third-party Vendor or Third-Party App to access or use data to which you’ve granted access. It is your responsibility to carefully review the Vendor Terms, as provided by the applicable third-party Vendor. You (including anyone acting on your behalf) represent and warrant that you have all necessary right, power and authority to authorize Vendors to access and use your data and information as described herein, all without violation of any other agreements or policies.
(b) Dekopon Stack Use of Data. Any data that Dekopon Stack collects from you based on your use of the Dekopon Stack Marketplace and your Orders, or that it receives from third-party Vendors on your behalf, is subject to the Dekopon Stack Privacy Policy.
8. Reviews of Marketplace Apps.
In the event the Dekopon Stack Marketplace allows users to post reviews (e.g., a star rating) of Marketplace Apps and/or to post comments on your or other users’ reviews, the following terms will apply:
(a) User Names Displayed. Reviews and comments are posted under the name and profile of the user submitting the content (as listed in his or her Dekopon Stack Account). Users who do not want their names or other profile information to appear should not post reviews or comments on the Dekopon Stack Marketplace.
(b) Rules for Reviews. All reviews and comments must comply with Dekopon Stack’s Acceptable Usage Policy and the terms below. To make your reviews and comments useful to others:
Reviews must be made in good faith after reasonable evaluation of the relevant Marketplace App.
You (including anyone acting on your behalf) may not review or comment on your own Marketplace App, a Marketplace App owned by a company you work for, or those of competitors. As an exception, you may provide informational responses to support requests or other inquiries directed to you within the reviews or comments section of your Marketplace App listing.
A Review must evaluate the Marketplace App itself and not be an evaluation of the underlying product with which the Marketplace App integrates or functions.
Reviews or comments unrelated to the relevant Marketplace App are prohibited – for example, discussing Dekopon Stack’s employees, business or stock, or those of other companies, or unrelated products or services.
(c) Dekopon Stack Rights. Dekopon Stack reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the Dekopon Stack Marketplace. Dekopon Stack does not claim ownership of the content of reviews or comments you post on the Dekopon Stack Marketplace. However, you hereby grant Dekopon Stack a nonexclusive, worldwide, irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid-up, royalty-free license to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
9. Discontinuation of Marketplace. Dekopon Stack may, in its discretion, discontinue the Dekopon Stack Marketplace. If the Terms of Service terminate, your rights to use any previously obtained Marketplace Apps will survive in accordance with the applicable Vendor Terms.
10. Important Disclaimers and Limitations of Liability appliable to the Marketplace.
(a) Third-Party Apps. The Marketplace Apps in the Dekopon Stack Marketplace are usually provided by parties other than Dekopon Stack. Third-party Vendors are solely responsible for their Marketplace Apps and any related content or materials included in their Marketplace Apps. Dekopon Stack HAS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY THIRD-PARTY APPS, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, DATA HANDLING, DATA PROCESSING, COMPLETENESS, USEFULNESS OR QUALITY, EVEN IF Dekopon Stack IS HOSTING SUCH MARKETPLACE APP. THESE DISCLAIMERS APPLY EVEN IF A MARKETPLACE APP COMPLIES WITH Dekopon Stack’S GUIDELINES FOR THIRD-PARTY APPS, AND EVEN IF Dekopon Stack HAS REVIEWED, CERTIFIED, OR APPROVED THE THIRD-PARTY APP OR THE VENDOR PARTICIPATES IN ANY ONE OF Dekopon Stack’S APP PROGRAMS (“APP PROGRAMS”). ANY USE OF THIRD-PARTY APPS IS AT YOUR SOLE DISCRETION AND RISK. VENDORS ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY INFORMATION THEY SUBMIT IN CONNECTION WITH ANY APP PROGRAM IS ACCURATE, COMPLETE AND CORRECT, AND Dekopon Stack IS NOT RESPONSIBLE FOR THE STANDARDS OR BUSINESS PRACTICES OF ANY THIRD-PARTY VENDOR (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE), EVEN IF THE VENDOR PARTICIPATES IN AN APP PROGRAM. YOU SHOULD ALWAYS INDEPENDENTLY VERIFY THAT ANY THIRD-PARTY APPS OR VENDOR BUSINESS PRACTICES MEET YOUR NEEDS. In addition, Dekopon Stack is not responsible for any third-party websites to which the Dekopon Stack Marketplace links or their terms of use or privacy policies. You should use your discretion when visiting third-party websites.
(b) Removal of Marketplace Apps. At any time, Dekopon Stack may remove a Marketplace App from the Dekopon Stack Marketplace in accordance with its applicable policies, and Vendors may also update, modify or remove their own Marketplace Apps at any time.
(c) Interoperability. Dekopon Stack makes no guarantee that any Marketplace Apps will work properly with Dekopon Stack Services or that Marketplace Apps will continue to work with Dekopon Stack Services as they change over time. Some Marketplace Apps rely on hosted or cloud services provided by the Vendor or third parties, and these Marketplace Apps may not function properly or may become inoperable if those services are discontinued.
(d) Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Dekopon Stack OFFERS THE Dekopon Stack MARKETPLACE AND ALL THIRD-PARTY APPS “AS IS” AND “AS AVAILABLE”, AND Dekopon Stack HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE Dekopon Stack MARKETPLACE OR THIS AGREEMENT. YOU MAY HAVE OTHER STATUTORY RIGHTS, IN WHICH CASE THE DURATION OF ANY STATUTORY WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(e) Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Dekopon Stack BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER LIABILITY RELATED TO THE Dekopon Stack MARKETPLACE OR ANY THIRD-PARTY APPS, INCLUDING FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS OR COSTS OF DELAY. IF THE FOREGOING DISCLAIMER OF DIRECT DAMAGES IS NOT ENFORCEABLE AT LAW FOR ANY REASON, IN NO EVENT WILL Dekopon Stack’S AGGREGATE LIABILITY TO YOU UNDER THESE TERMS EXCEED FIFTY DOLLARS (US$50).
The Disclaimer of Warranties and Limitation of Liability above do not alter any other disclaimers or limitations of liability within the Terms of Service, which continue to fully apply.