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@ -4,150 +4,562 @@ title: Privacy Policy
heading: Privacy Policy
---
As a [Privacy First]( https://safing.io/our-values/#privacy-first) company we aim to have privacy policy that is as clear and easy to read as possible.
This privacy policy covers all our products.
**Introduction**
## Why we collect data and what we do with it
As the SPN product/service provided by Safing ICS Technologies GmbH is a
new service, and one of a kind at present, the following Privacy Policy
is comprehensive, it has been compiled to better serve those who have
concerns about how their 'Personally identifiable information' (pii) and
other data is being used online.
Information is key in decision making. We don’t want to shoot into the blind, so we want to grasp what is going on around us.
When it comes to collecting data, we do this in the most privacy respecting way possible. We do everything we can in house and we inform you of all third-party services we use.
We are explicit in the wording about what we collect, and we do not collect more than we need.
Pii, is used in privacy law and information security around the world
and is information that can be used on its own or with other information
to identify, contact, or locate a single person, or to identify an
individual in context. We do apologise for the length of our policies;
however, it is necessary to cover new ground.
We do not collect any PII (personal identifiable information). We only have what you give us willingly and on purpose. For example, when you sign up on our forum or subscribe to Gate17.
Please read this privacy policy carefully to get a clear understanding
of how we collect, use, protect or otherwise handle your Personally
Identifiable Information in accordance with our services.
## How we guide the process of data collection
---------------------------------------
Our goal is to protect user privacy! We are careful about what we collect, and how we collect it. As a general principle, if we find a way to collect less data and still get the little information we need, we will do it.
We have been open and transparent on the ways we collect, hold, use, and
protect your PII/data, should you have any concerns arising from this
privacy policy, please [use the contact email address in **Article
19.**](#article-19-contact) to contact us, we are always happy to hear
your comments and suggestions.
We don’t want to collect unnecessary data, so if you have clever ideas or suggestions how we could improve please get in touch or join our [community forum](https://discourse.safing.community/).
---------------------------------------
## What we collect
Contents
--------
This table is meant to give an overview. It makes it easy to navigate between topics that interest you. We want you to understand our policy and be transparent about it.
- [Article 1. Where we collect Data/PII from](#article-1-where-we-collect-datapii-from)
- [Article 2. Personal Identifiable Information & Data we collect](#article-2-personal-identifiable-information--data-we-collect)
- [Article 3. How we store and protect your PII & Data](#article-3-how-we-store-and-protect-your-pii--data)
- [Article 4. How we use your PII & Data](#article-4-how-we-use-your-pii--data)
- [Article 5. Third party websites and links](#article-5-third-party-websites-and-links)
- [Article 6. Third Party Disclosure](#article-6-third-party-disclosure)
- [Article 7. General Data Protection Regulation (GDPR) explained](#article-7-general-data-protection-regulation-gdpr-explained)
- [Article 8. California Online Privacy Protection Act, (CalOPPA) explained](#article-8-california-online-privacy-protection-act-caloppa-explained)
- [Article 9. Fair Information Practices, explained](#article-9-fair-information-practices-explained)
- [Article 10. Children's Online Privacy Protection Act (COPPA)](#article-10-childrens-online-privacy-protection-act-coppa)
- [Article 11. Do not track](#article-11-do-not-track)
- [Article 12. Mobile devices](#article-12-mobile-devices)
- [Article 13. No logs policy](#article-13-no-logs-policy)
- [Article 14. Cookies](#article-14-cookies)
- [Article 15. Third party behavioural tracking](#article-15-third-party-behavioural-tracking)
- [Article 16. Data request](#article-16-data-request)
- [Article 17. Jurisdiction and Applicable Law](#article-17-jurisdiction-and-applicable-law)
- [Article 18. Amendments to the Privacy Policy](#article-18-amendments-to-the-privacy-policy)
- [Article 19. Contact](#article-19-contact)
(This list includes future Products and services which are marked with an \*)
---------------------------------------
| | Website | Forum | Portmaster * | Gate17 * |
|----------------|---------|-------|--------------|----------|
| User Agent | X | | | |
| Language | X | | | |
| Location | X | | | |
| Referrer | X | | | |
| Pages visited | | X | | |
| IP address | | X | | |
| Links | | X | | |
| Visit Duration | | X | | |
| Site Content | | X | | |
**Article 1. Where we collect Data/PII from**
---------------------------------------------
## In detail
At present, Safing ICS Technologies GmbH runs four (4) services, these are as follows, Website, Forum, SPN, and Portmaster update server: these
services collect different levels of data, however we aim to collect as
little as possible, and all data received by us is treated with the
strictest of confidence with privacy always in mind, all data is held
securely.
The next section will go into detail on why and what information we collect.
**Article 2. Personal Identifiable Information & Data we collect**
------------------------------------------------------------------
### Products and Services
Although the information collected is basic and may not be classed as
PII, we treat all data with the same respect and as such have listed all
the data, we collect from the services we provide.
#### Website
**Website:**
We collect data when you visit our website, to better know who is interested in our product and shape it to our (future) customer base.
The data we collect from Website Visitors:
The software we use is [Matomo](https://matomo.org/), which runs on our own server. Matomo is an open source solution, and we aim to collect as little as possible. To better protect the privacy of our visitors, we only keep the reports and not the raw data, which is deleted after 48 hours.
Includes Domains: <https://safing.io>, [https://docs.safing.io](https://docs.safing.io/)
Currently we don’t host our website on our own server. It is hosted on [GitHub Pages]( https://pages.github.com/). Please find their privacy policy here: [GitHub Privacy]( https://help.github.com/articles/github-privacy-statement/).
No tracking, analytics, are currently used. Should this change, we will update this privacy policy in compliance with [Article 18.](#article-18-amendments-to-the-privacy-policy).
*Note: We are currently re-evaluating Github Pages as a hosting provider, if you have any input on this, please get in contact.*
**Forum:**
Information we collect:
At present the forum is run on a third party service, however, with
respect to being open and transparent, our forum when running, is
usually on the Reddit platform, we have no control on how their service
collects, stores, shares, handles, or uses data, and as such, you are
advised to read any and all privacy policies of the sites you intend to
use.
- User Agent (Browser, OS)
- Language set by the browser
- Location (Country and half of your IP-Address)
- Referrer
**Portmaster:**
#### Forum
Software running on customers\' PC -- AGPLv3 License. Please read
[**Article 9.**]({{ config.base_url }}/terms/#article-9-fair-information-practices-explained) of
the Terms of Service. This does not collect, handle, or store any
personal identifiable information, except for a per-device API-Token if
logged into the SPN, during the SPN login the user/pass is sent to our
Customer Hub to retrieve the API-Token, this is never stored, by default
no data is collected or processed.
We use Discourse as a Forum Platform. Sadly, in terms of privacy, this brings some trouble with it. Discourse tracks more than we want. This means you will have to have more trust in our good intentions. We do host it on our own server, so the information is visible to selected staff only.
We intend that in the future, opt-in and privacy preserving telemetry
functions will be offered to our subscribers.
So what information do we get:
**SPN:**
- Pages visited
- IP address
- Registration IP address (linked to the account until deletion)
- Email address
- Incoming and outgoing links
- Reading times per Post
- User profiles viewed
- Likes given and flags being requested
The customer hub holds all data relevant to the administration of our
SPN subscription and service to you, and although it is not all classed
as PII, the information gathered and stored is as follows and includes
the domain: <https://account.safing.io>
To give you the most privacy possible we allow you to look into most of the forum without being logged in.
- Transaction identifier from payment gateway.
- IP address, this is masked and only held for technical reasons for
the period of 24 hours, and then deleted.
- User name, supplied by you, not your real name.
- Email address, required for some payment methods, our contact with
you for account related information.
- Country, and country calling code, required for Austrian taxation
law.
- Password, always stored in an encrypted (hashed) form.
- Survey answers, development purposes for site and service
enhancement.
*Note: We are looking into options to make Discourse more privacy friendly, if you ideas please get in touch*
**Surveys:**
In general we encourage everyone not to use their real name and not to use their primary/private email address.
Safing ICS Technologies GmbH run surveys both continuous and in limited
time scope in order to best know and understand the needs of our
customers, these are used for development and enhancement of our
services, data supplied by users is kept until a user deletes it, these
surveys only collect basic information and not PII, by way of example
and not limited to, \"Which Operating Systems do you use?\".
<!-- #### Portmaster* -->
<!-- #### Gate17* -->
**Newsletter:**
### Information
Safing ICS Technologies GmbH periodically sends out a newsletter, when
signing up to this service, you agree that Rapidmail will store your
email address, and that we have access to said email address. Rapidmail
is a GDPR compliant company based in Germany, to read their privacy
policy and how they deal with your PII, please follow the link below.
The following sections will detail what exactly we mean by the rather short descriptions of information used before.
<https://www.rapidmail.de/datenschutz>
#### User Agent
As with any third parties, we take no responsibility for your actions
when using said services, it is within your best interests to read all
policies on the third party sites you use or visit.
We collect what operating system and web browser is used.
The goal is to develop software that our customers can use. Therefore, knowing which operating systems they use is important for effective development.
**Article 3.** **How we store and protect your PII & Data**
-----------------------------------------------------------
#### Language
**Data Storage:**
We look at the language setting of your system (or browser).
To achieve the best privacy possible, it is important that the customer understands what each setting of our product is doing. This means working with them in their language. Knowing what languages (future) customers use, helps us to prioritize translation efforts.
Data is stored in a protected database on a specially guarded server.
The server is operated by us and hosted by Hetzner.
#### Location
**Data Linking:**
We use your IP address to identify the country from which you are accessing our services. Only half of your IP address saved.
Information/data used for the purpose of linking payments to a specific
user to enable services are as follows:
This information helps us know where are customers come from and helps us prioritize different product features, as the privacy requirements differ for countries. For us it is important to help to maximize privacy for all out customers, but of course we want to tackle the needs of our biggest customer base first.
- Valid email address, if or when required.
If you want to know how the open source web analytic tool is doing this, check out the [Matomo Documentation on Privacy](https://matomo.org/docs/privacy/).
- User name, not your real name.
#### Referrer
- Payment identifiers, transaction code sent to us via the payment
gateway used.
We collect information about the site you were coming from when visiting our site. The privacy community is a very active one, there a lot of different recommendation sites and forums out there. We want to know who is linking to us, and give credit where credit is deserved.
**Data Retention:**
## Who has access to personal data
we are required by law to keep payment records for a period of 7 years,
for taxation purposes, even in the event that the account is deleted, we
are required to keep the transaction identifiers for this period.
Only the Safing Team has access, we don’t share any personal information.
Payment records are only linked to your account until it is deleted, or
expired, they then become orphaned and cannot be linked back to your
account.
## How we protect your data
Payments of up to 400€ (incl. Taxes) do not require customer
information, i.e. your invoices will be anonymous.
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
**Data Protection:**
## Your personal data rights
In Transit: All traffic between the Customer and Safing ICS Technologies
GmbH is encrypted using modern Transport Layer Security (TLS). TLS is a
cryptographic protocol designed to provide communications security over
a computer network and aims primarily to provide confidentiality and
data integrity between two communicating computer applications.
In regards to all of your personal data we store you have the following rights:
- The right to information (get a list of all of your data we have and why we have it)
- The right to access (get a copy of all of your data)
- The right to rectification (change your data)
- The right to withdraw consent (we stop working with your data)
- The right to object (an additional way to say stop working with my data)
- The right to object to automated processing (request a Manuel review of on otherwise automated process)
- The right to be forgotten (delete your data)
- The right for data portability (transfer your data somewhere else)
At rest: Hot data (in use) is protected on our server, cold data
(backups) are encrypted.
If you want to make use any of your rights, please contact us.
**Article 4. How we use your PII & Data**
-----------------------------------------
As a registered company in Austria, Europe, you can complain about privacy related issues at the [Austrian Data Protection Authority](https://www.data-protection-authority.gv.at/).
The information collected whilst subscribing to the SPN or using the
website is basic in nature and only used for the specific reasons of
software development and the administration of your account.
## Sub-Processors
- Valid email address. If or when required, Used for the
administration of your account.
Here is a detailed list of all companies that in any way handle (parts) of our customer data and/or could technically (and in some cases illegally) access it.
This is the “long tail” of your trust in us. If you feel that any of these are in conflict with our values or have shown to not value user privacy, please get in contact.
- Transaction identifier, sent by payment gateway. Used for the
administration of your account.
- [Hetzner Online GmbH](https://www.hetzner.com/), Germany
- [rapidmail GmbH](https://rapidmail.de), Germany
- [World4You Internet Services GmbH](https://www.world4you.com/), Austria
- [GitHub, Inc.](https://github.com/), CA, USA
- The internet browser and operating system you are using. Used for
software development purposes.
## Publication date and updates
- The language set by the browser. Used for software development
purposes.
This is document has the version 1.1 and has been published on 25.07.2019 and will go into effect on 25.07.2019.
- The part of the IP address that designates country. Used for
software development and administration purposes.
As our privacy policy is very detailed, we will update it quite often. Please check back regularly. Major changes, especially if negative for our customers, will be broadly communicated.
- Referrer. How did you find the site? Used for software development
purposes.
**Article 5. Third party websites and links**
---------------------------------------------
- Hetzner. Hosting Provider.
- GitHub. Hosting Provider.
- PayPal. Payment gateway.
- Stripe. Payment gateway.
- Sparkasse Baden: Bank. Payments, wire transfer.
**Article 6. Third Party Disclosure**
-------------------------------------
We do not sell, trade, or otherwise transfer to outside parties, your
personally identifiable information. This does not include website
hosting partners and other parties who assist us in operating our
website, conducting our business, or servicing you, so long as those
parties agree to keep this information confidential as per their privacy
policies and terms of service.
Information we gain through payment gateways for the purpose of linking
to your account are limited to transaction identifiers, please refer to:
[**Article 3.**](#article-3-how-we-store-and-protect-your-pii-data)
(how we protect your PII Data).
We may release your information when we believe release is appropriate
to comply with the law, enforce our site policies, or protect ours or
others' rights, property, privacy, or safety.
**Article 7. General Data Protection Regulation (GDPR) explained**
------------------------------------------------------------------
The General Data Protection Regulation (GDPR) is the toughest privacy
and security law in the world. Though it was drafted and passed by the
European Union (EU), it is now implemented in many countries worldwide,
it imposes obligations onto organizations anywhere, so long as they
target or collect data related to people in the EU. The regulation was
put into effect on May 25, 2018, and grants users' certain rights under
the GDPR policy, these are set out below and clarified in [**Article
16.**](#article-16-data-request), alternatively, to read more about
GDPR please visit the following link:
<https://gdpr-info.eu/>
In line with the GDPR, we collect and process the data outlined in this
Privacy Policy on the following grounds, for the purposes of fulfilling
our contractual obligations to users, including:
- Providing users with the Services they have requested.
- Managing user subscriptions and processing payments.
- Providing customer support.
For a legitimate interest associated with the operation and development
of our services and business, including:
- Enhancing the quality, reliability, and effectiveness of our website
and Services.
- Communicating with customers to provide information and feedback
related to our Services and website.
- With the consent of users, which users can withdraw at any time.
You can exercise your rights under the GDPR to access, transfer,
correct, delete, or object to the processing of your personal
information by contacting us at:
<support@safing.io>
**Article 8. California Online Privacy Protection Act, (CalOPPA) explained**
----------------------------------------------------------------------------
CalOPPA is the first state law in the United States of America to
require commercial websites and online services to post a privacy
policy.
The law's reach stretches well beyond California and requires a person
or company in the United States (and conceivably the world) that
operates websites/online services collecting personally identifiable
information from California consumers to post a conspicuous privacy
policy on its website, that states exactly the information being
collected and those individuals with whom it is being shared. If you
would like to read more about this policy, please visit:
<https://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf>
**in conjunction with CalOPPA, we agree to the following:**
Users can visit our site anonymously, but will need to subscribe to the
service, to use said service. Users will be notified of any privacy
policy changes as and when they happen and can keep up to date by
clicking the link named, (Privacy Policy) at the bottom of our home
page. To see what data, we collect from subscribers please refer to:
[**Article
2**.](#article-2-personal-identifiable-information-data-we-collect)
Personal Identifiable Information & Data we collect.
**Article 9. Fair Information Practices, explained**
----------------------------------------------------
The Fair Information Practices Principles, form the backbone of privacy
law in the United States and the concepts they include have played a
significant role in the development of data protection laws around the
world, understanding the Fair Information Practice Principles and how
they should be implemented is critical to comply with the various
privacy laws that protect personal information. In order to be in line
with Fair Information Practices we will take the following responsive
action, should a data breach occur:
• We will notify the users via email within 1 business day.
• We will notify the users via in site notification within 1 business
day.
We also agree to the individual redress principle, which requires that
individuals have a right to pursue legally enforceable rights against
data collectors and processors who fail to adhere to the law. This
principle requires not only that individuals have enforceable rights
against data users, but also that individuals have recourse to courts or
a government agency to investigate and/or prosecute non-compliance by
data processors.
Safing ICS Technologies GmbH will not share or dispose of member's
information to third parties as per the data protection act 1998, this
can be read by following the link below:
<https://www.legislation.gov.uk/ukpga/1998/29/data.pdf>
**Article 10. Children's Online Privacy Protection Act (COPPA)**
----------------------------------------------------------------
The SPN provided by Safing ICS Technologies GmbH is in no way targeted
for use in any way shape or form towards minors/children under the age
of 18 years, however, as our service does not require data upon
subscription concerning age, real name, or home address, we cannot, and
will not be held responsible for your child's actions whilst online, all
data collected by us is treated in the same manner, protected behind
numerous layers of encryption, used to provide the service to you, and
not shared with any third parties.
**Article 11. Do not track**
----------------------------
In conjunction with CalOPPA and the 2013 amendments, we do not track
users of our SPN (Safing Privacy Network), in this case we do not
respond to, do not track signals or requests from you, on the
understanding that, our service does not track users' actions or usage
whilst on the SPN service. Please read [**Article
13.**](#article-13-no-logs-policy) No logs policy.
**Article 12. Mobile devices**
------------------------------
At present we do not provide any mobile applications for our services,
however as it is possible to connect to our SPN service using your
mobile devices internet browser, the following applies: We do not track,
or collect any data from your mobile devices other than information
provided by you to subscribe to our service, please refer to: [**Article
2.**](#article-2-personal-identifiable-information-data-we-collect)
Personal Identifiable Information (PII/Data), we collect, and [**Article
3.**](#article-3-how-we-store-and-protect-your-pii-data) How we store
and protect your PII/Data.
**Article 13. No logs policy**
------------------------------
We do not log or store records on user activity using our SPN Service,
we are committed to your privacy and DO NOT collect or log browsing
history, traffic destination, data content, IP addresses, or DNS queries
from Subscribers connected to our SPN.
For the avoidance of all doubt, should any government body or law
enforcement agency compel Safing ICS Technologies GmbH to release such
subscribed user information, listed above, we cannot supply this
information as the data does not exist, and is therefore not in our
possession.
**Article 14. Cookies**
-----------------------
Our service uses cookies required to operate, by way of example and not
limited to, when logging in, below you will find an explanation on our
cookie usage. Cookies used on our site are on site only; we do not use
third party cookies, or transmit information collected, information
collected by our cookies are used on our service only.
**What are cookies?**
Cookies are small text files which a website/service may put on to a
member's computer or mobile device when you first visit a site, service,
or page. The cookie helps the website, to recognize your device the next
time you visit. There are many functions cookies serve, for example they
can help us to remember your username and preferences.
Session cookies last only for the duration of your visit and are deleted
when you close your browser, these facilitate various tasks such as
allowing a website/service to identify that a user of a particular
device is navigating from page to page, supporting website security or
basic functionality.
Persistent cookies last after you have closed your browser and allow a
website to remember your actions and preferences. Sometimes persistent
cookies are used by websites/services to provide targeted advertising
based upon the browsing history of the device, we DO NOT use targeted
advertising cookies of any description.
**What do we use cookies for?**
We use first party cookies (our own) on our services, for the following
purposes:
**Login:** Once you login to our website/service, a cookie is set
containing your encrypted credentials, required to recognize you between
page visits.
You can disable this cookie by deselecting "Remember me" in the login
form.
**Session:** Upon first visit of our website/service, the system will
create a new unique session for you which will be saved using a cookie
on your computer.
Sessions are required to recognize users between page accesses. It is a
temporary cookie which will be deleted once you close your internet
browser.
**Third-Party Services:** Displayed ads or sharing content through
social networks or comparable actions might cause a cookie created by
them, we DO NOT use third parties in that respect, therefor cookies in
this category can only be added by the member using a third-party site
etc. this is not recommended by Safing ICS Technologies GmbH.
**How to disable or delete cookies?**
Your internet browser offers specialized options to manage and remove
cookies and also offer settings to reject many or all cookies. Please
refer to the instructions for your internet browser from the list below.
- Google Chrome <https://support.google.com/chrome/answer/95647?hl=en>
- Mozilla Firefox
<https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer>
- Opera
[https://help.opera.com/en/latest/web-preferences/](https://help.opera.com/Windows/12.00/en/cookies.html)
- Safari <https://support.apple.com/kb/ph17191?locale=en_US>
- Internet Explorer
<https://windows.microsoft.com/en-US/internet-explorer/delete-manage-cookies#ie=ie-11>
**Article 15. Third party behavioural tracking**
------------------------------------------------
Our SPN service DOES NOT use third-party tracking in any form, however,
sites we may direct you to during subscription, by way of example only,
the payment gateways we use, Stripe, PayPal, or wire transfer, may use
such tracking on their services, for the avoidance of all doubt, it is
your responsibility to check any third party sites you visit and read
their privacy policy.
**Article 16. Data request**
----------------------------
In compliance with the GDPR, you can request a list of the information
we hold on your account, however at this time it is best to remember
that any information held by us, is the information freely given by you
when you subscribe to our services, in this case data requests must be
made using the information given to us, by way of example only, email
address if used, in an email, requesting the information to:
<support@safing.io>
As the data we collect is solely used to run and administer your
account, you can ask at any time for us to stop processing, or to erase
the data held on your account, however in these aforementioned cases,
this will result in the removal of your account from our services, this
course of action does not automatically trigger a refund under **Terms
of Service. Article 10** your right to cancel, and **Article 11**
refunds. For cases of this type please contact us with your request at:
<cancellations@safing.io> or <support@safing.io>
for the avoidance of all doubt, we are a company based around privacy
and security, any and all data collected on a members account is basic,
by way of example only and not limited to, a verifiable email address,
if required, and transaction id's, these are protected behind
encryption.
Information/data held by us on any subscriber is basic and minimal, any
and all data requests made by Government, or law enforcement agencies
can be applied for, however, this is in the form of single account data
only and not by block.
By forwarding the required paperwork, in this case, a written request
and reason, with a current court order covering the correct jurisdiction
attached, Safing ICS Technologies GmbH will comply with the law, applied
by the Austrian court's jurisdiction under European law.
**Article 17. Jurisdiction and Applicable Law**
-----------------------------------------------
As Safing ICS Technologies GmbH is registered in Austria, any and all
disputes will be decided only through the Austrian court system
following European law as our guideline. It is important to note: the
SPN provided by Safing ICS Technologies GmbH does not collect any IP
addresses, browsing history, traffic data, or DNS queries that could be
used to identify any specific user.
**A****rticle 18. Amendments to the Privacy Policy**
----------------------------------------------------
This privacy policy is classed as a living document, and will change
from time to time due to changes in laws concerning privacy around the
world, as such we reserve the rights to amend/change our Privacy Policy
as and when required, without prior notice to you, to remain consistent
with applicable privacy laws and principles.
As your continued use of the website or Services constitutes your
acceptance of our Privacy Policy, we recommend that subscribers check
for updates and reads said content of any amended policies we might make
in the future.
**Article 19. Contact**
-----------------------
If you have any questions regarding our Privacy Policy and how we handle
your information, please feel free to contact Safing ICS Technologies
GmbH at the email address below, please state your enquiry in as much
detail as possible and we will reply as soon as we can, normally within
24 hours of receipt of request:
<privacymatters@safing.io>
please note: whereas we cannot change our policies to suit every
individual, we will listen to your concerns and reply in a timely
manner.
Thank you for taking the time to read our policies on how we operate our
service and collect, use and protect all of your data.
© Safing ICS Technologies GmbH
2020
All rights reserved.

884
terms/index.md
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@ -4,43 +4,881 @@ title: Terms of Service
heading: Terms of Service
---
## Terms of Service and Privacy Policy Statement
**Introduction**
The Terms of Service and Privacy Policy are currently under development, a version that will cover all services offered by Safing ICS Technologies GmbH, will be on the service in its entirety before the official release date of June 2020. we reserve the right to amend and update such policies at any time.
As the SPN product/service provided by Safing ICS Technologies GmbH is a
new service, and one of a kind at present, the following Terms of
Services and subsequent Privacy Policy are comprehensive, these have
been written in a way that should be understandable and fairly easy to
read, we do apologise for the length, however it is necessary to cover
new ground.
## Our Services
This Terms of Service document outlines the terms and conditions of use,
of the SPN and other services provided by Safing ICS Technologies GmbH,
they also govern the use of, and access to any content, which includes
and not limited or restricted to, the website, forums, and SPN (Safing
Privacy Network), and any software provided by Safing ICS Technologies
GmbH, in any way, shape or form.
Please find the Terms for each of our services here:
These terms of service are legally binding documents which govern your
use of our services, and our provision of the service to you. You are
advised to read these terms of service carefully; this will help ensure
that they contain everything you want and that there is nothing within
them that you are not prepared to agree to. If they contain anything
that you are not willing to agree with then you only have two (2)
courses of redress, these are **[1]**, not to use any of the services
offered by Safing ICS Technologies GmbH as a whole or **[2]**, send us an email, we may be able to help.
- Forum: [https://discourse.safing.community/tos](https://discourse.safing.community/tos)
- Portmaster: *coming soon*
- Gate17: *coming soon*
- This Website: *see below*
Safing ICS Technologies GmbH welcomes your feedback, please send all
feedback to: <feedback@safing.io>
## Terms for this Website
---------------------------------------
Last updated: 25.10.2018
**It is our goal to ensure that all people using our service are able to enjoy privacy whilst online through high-tech tools that are easy to
use, built for privacy with security in mind.**
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://safing.io website operated by Safing ICS Technologies GmbH ("us", "we", or "our").
​
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
---------------------------------------
#### Termination
Contents
--------
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
- [Terms of Service](#terms-of-service)
- [Agreement](#agreement)
- [Article 1. Definition's and Interpretations](#article-1-definitions-and-interpretations)
- [Article 2. (applicable to) Entire Agreement](#article-2-applicable-to-entire-agreement)
- [Article 3. Personal privacy and protection](#article-3-personal-privacy-and-protection)
- [Article 4. Service level agreement (SLA)](#article-4-service-level-agreement-sla)
- [Article 5. Functioning of the website and Services](#article-5-functioning-of-the-website-and-services)
- [Article 6. Subscription](#article-6-subscription)
- [Article 7. Payments](#article-7-payments)
- [Article 8. Customer Hub](#article-8-customer-hub)
- [Article 9. License](#article-9-license)
- [Article 10. Your right to cancel](#article-10-your-right-to-cancel)
- [Article 11. Refunds](#article-11-refunds)
- [Article 12. Use of the Service information](#article-12-use-of-the-service-information)
- [Article 13. AUP (acceptable use policy)](#article-13-aup-acceptable-use-policy)
- [Article 14. Terminations](#article-14-terminations)
- [Article 15. Third party websites](#article-15-third-party-websites)
- [Article 16. Intellectual Property](#article-16-intellectual-property)
- [Article 17. Geographical access](#article-17-geographical-access)
- [Article 18. No logs policy](#article-18-no-logs-policy)
- [Article 19. Do not track](#article-19-do-not-track)
- [Article 20. Children's Online Privacy Protection Act (COPPA)](#article-20-childrens-online-privacy-protection-act-coppa)
- [Article 21. Indemnification](#article-21-indemnification)
- [Article 22. Amendments](#article-22-amendments)
- [Article 23. Warranties and Disclaimers](#article-23-warranties-and-disclaimers)
- [Article 24. Jurisdiction and Applicable Law](#article-24-jurisdiction-and-applicable-law)
- [Article 25. Contact us @](#article-25-contact-us-)
- [Article 26. Final note](#article-26-final-note)
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
---------------------------------------
#### Links To Other Web Sites
**Agreement**
-------------
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
The legal entity of which you are entering into a contract with is:
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Safing ICS Technologies GmbH, a private company incorporated in Austria
with the registered company number of: FN464654S.
#### Changes
The postal address is available upon request in the form of an email,
clearly stating your request, to:
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least one week notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
<office@safing.io>
#### Contact Us
**Article 1. Definition's and Interpretations**
----------------------------------------------
If you have any questions about these Terms, please contact us.
The following words, highlighted in bold text, shall have the following
Definitions and Interpretations (meanings) in these Terms of Service:
**SPN.**
Refers to The Safing Privacy Network.
**AUP.**
Refers to the Acceptable Use Policy.
**PII.**
Refers to your personal identifiable information.
**We, us, our, ourselves.**
These terms refer to any and all brands owned and operated by Safing ICS
Technologies GmbH, including and not limited to the SPN, (Safing Privacy
Network), Websites and Forums, for the purposes of this Agreement.
**Subscription, length of terms.**
Currently we offer two (2) types of subscription, these are: 1 month,
based on the calendar month, i.e. subscription started on the 1st of
January, would end on the 1^st^ of February, etc. and 1-year
subscription, ends 1 year (365 days) after initial subscription start
date, i.e. 1^st^ Jan 2020 start date, 1^st^ Jan 2021 end date.
**Member, members, You and your.**
This refers to any and all valid registered users or visitors to our
Services, wherever they access Services provided by (us) Safing ICS
Technologies GmbH.
**Paid Services.**
Refers to all Services accessible by (you), at rates quoted, by our
service, to (subscribers/members), for a valid subscription.
**Notifications.**
These are messages used by us to inform members/subscribers about
changes etc. to their accounts.
**Article 2. (applicable to) Entire Agreement**
-----------------------------------------------
This Agreement and the pages of the SPN, website, and forums to which
these terms refer including the "AUP", constitute a contract that
governs the relationship between you and Safing ICS Technologies GmbH,
and the entirety of the rights and obligations of the
subscribers/members and ourselves.
You should read in full, the terms of service along with the AUP held
within, on joining our site, (on buying any subscription offered by us)
you the subscriber/member agree to these terms of service in their
entirety.
Failure to read these terms is not in any way shape or form, grounds for
a member to claim a get out clause, in all cases without exception,
subscribers/members are responsible for reading these terms.
If any of the provisions of these "Terms of service" or "AUP" is
declared void in application of a law, a regulation, or a final decision
ruled by a court having proper jurisdiction, all other provisions shall
remain fully in effect.
Failure by a Party to take action in respect of any breach by the other
Party of any provisions of these Terms of service or "AUP", shall not be
interpreted as constituting a waiver by said first Party of the right to
take action in the future, in respect of such a breach.
**Article 3. Personal privacy and protection**
----------------------------------------------
We uphold the strictest of standards with respect to protection of
privacy, and of personal information supplied by our
subscribers/members, and are as transparent as possible, please see our
[**Privacy Policy**]({{ config.base_url }}/privacy/) for full details and feel free to look over the
guidelines we follow and adhere to.
We do not share your PII with third parties, Cookies used on our
service, are on service only, we do not use third party cookies, or
transmit information collected, any information collected by our cookies
are used on our site only for the purpose of administering your account,
please read **[Article 12](#article-13-aup-acceptable-use-policy).
"**Use of the Service information".
The cookies used by our service are clearly listed with the explanation
of how we use them, and the information collected, in our [**Privacy
Policy Article 14**]({{ config.base_url }}/privacy/#article-14-cookies), please read this policy to see how we protect your
data.
**Article 4. Service level agreement (SLA)**
--------------------------------------------
Safing ICS Technologies GmbH endeavours to supply, all its subscribers a
useable, working service, however, down time of our SPN, is not always
under our control, other factors may interfere with the use of, or
running of the SPN, in these cases where the SPN is offline to
subscribers, due to cause by us, other than maintenance, a rebate to
service payments may be paid, this is worked out on full day equations,
down time only.
Being unable to connect to our service due to lack of internet,
connections, providers, hardware issues, software issues, service
interruption due to Force Majeure, earthquakes, fires, floods,
embargoes, labour disputes and strikes, riots, or war, are beyond our
control, SLA rebates are only valid for down time caused by our service
(SPN) not running.
SLA rebates are not covered by service maintenance which may happen from
time to time, in all cases of system maintenance, subscribers will be
given ample notification, via the website or forums, of due system
maintenance including date and time if possible.
**Article 5. Functioning of the website and Services**
------------------------------------------------------
To use our Services, the Member must have the necessary hardware
equipment, software and the necessary parameters required to properly
use the SPN, website, and forums, including access to the internet.
The Member must have the skills, hardware and software required to use
the Internet or, as appropriate, Internet and telephone Services in
place, and acknowledges that the characteristics and constraints of the
Internet mean that the security, availability and integrity of Internet
data transmissions cannot be guaranteed.
We do not guarantee that the Services will function if the
subscriber/member activates a pop-up killing tool. In this case, the
function should be deactivated before using the service.
We do not guarantee that the Services will be usable if the Member\'s
internet service provider is unable to provide its services properly. In
this context, we cannot be held responsible for the non-functioning,
unavailability or adverse conditions of usage of the SPN, website, or
forums, resulting from incorrect hardware, problems experienced by the
member\'s internet service provider or blockages on the Internet
networks, or for any and all other reasons outside of our control.
Hardware items are not supplied by Safing ICS Technologies GmbH, it is
the members responsibility to have the correct hardware and software to
use any of our services.
You connect to our service through a smart phone tablet or any other
mobile device using its internet browser, on the understanding that you
are responsible for the data charges etc. payable to your service
provider for the data usage of that device, for the avoidance of all
doubt, Safing ICS Technologies GmbH, is in no way responsible for your
data level or usage and is in no way liable for such.
Under these conditions, we do not guarantee that the Services shall
function without interruption or error. In particular, the use of our
website, forums may be interrupted at any time for the purposes of
maintenance, updates or technical improvements, or to develop its
content and/or presentation. Whenever possible, subscribers/members will
be given notification via the website or forums prior to maintenance
work or updates. Please read **[Article
23](#article-23-warranties-and-disclaimers).** "Warranties and
Disclaimers".
**Article 6. Subscription**
---------------------------
Any and all subscriptions to the SPN are none transferable in any way
shape or form, passwords to accounts are solely for the use by the
account holder and should be kept private at all times, giving out your
password will result in the loss of your account, in this particular
case, it is advised that you read **[Article
13](#article-13-aup-acceptable-use-policy). AUP** (acceptable use
policy) for more information.
We currently offer two (2) levels of subscription, these are:
- One (1) month, these start from the date payment is received and end
one (1) calendar month later.
- One (1) year, these start from the date payment is received and end
one (1) year (365 days) later.
- All subscriptions include a built-in account administration fee of
15%.
Our Services are available to you upon subscription to the SPN, by
subscribing to the Services, you agree to become a subscriber, for the
period you have selected, a current full list of subscription plans can
be seen above, our pricing plans are available on our website at:
<https://safing.io>
We reserve the right to amend subscription fees or introduce new fees at
any time, upon reasonable advance notice posted on the website or sent
via email, any changes to the pricing will not affect the subscriber's
current subscription period and will only become effective upon
subscription renewal.
From time to time we may post special offers on our homepage, these are
only designated and available during the time periods stated and may
also apply to the lengths of subscriptions offered.
**Article 7. Payments**
-----------------------
The activation of a subscription on a member\'s account occurs as soon
as, or a few moments after a valid transaction has been completed, a
full list of payment methods are available on our website at.
<https://safing.io>
When payments are received through a payment gateway i.e. Stripe, PayPal
we receive transaction identifiers, these are used for the sole purpose
of linking payments to account members, please read the [**Privacy Policy**]({{ config.base_url }}/privacy/) to see how we protect your data.
When payments are made to our services using a wire transfer, we receive
transaction identifications, these are used for the sole purpose of
linking payments to account members, please read the [**Privacy Policy
Article 3.**]({{ config.base_url }}/privacy/#article-3-how-we-store-and-protect-your-pii--data) to see how we protect your data.
Cash payments received through the post, do require the user/member to
supply a valid payment token etc. this will be added to your account
details as an identifier and will remain on record as such, please read
the [**Privacy Policy**]({{ config.base_url }}/privacy/) to see how we protect your data.
Payment tokens are obtained by registering with our customer hub, and
selecting the cash payment option, the necessary token will be returned,
this needs to be printed and sent along with the cash to the required
postal address, when received, it is added to your balance and you can
then subscribe to the service length required. cash can only be sent on
these terms.
We may also accept some forms of Crypto currencies i.e. ETH, BIT, CEK,
XMR, to see how we deal with payments of this nature, please visit our
website at. <https://safing.io>
All subscriptions will be automatically renewed. Unless, the member
notifies us of their wish to terminate their subscription, this must be
done at least 72 hours before the subscription\'s expiration date,
otherwise the renewal shall be performed in accordance with the manner
of payment originally chosen by the subscribed member, at the price rate
of the subscription to which the member originally subscribed.
For the avoidance of all doubt, members can avoid having their
subscription automatically renewed if they contact us 72 hours before
their subscription expiration date to terminate their subscription.
Please note that any form of suspension of your account does not
automatically cancel the automatic renewal of your subscription. If you
plan to keep your account suspended for an extended period of time and
you have an active subscription, you should first make sure that
automatic renewal is cancelled.
**Article 8. Customer Hub**
---------------------------
The customer hub is used to collect required data for the purposes of
administering your account, to see what information is gathered and how
it is handled, stored and protected please read [**Article 2**]({{ config.base_url }}/privacy/#article-2-applicable-to-entire-agreement). Of the privacy policy,
sub heading [**Customer Hub**](https://account.safing.io/).
Our customer hub can be reached by using the following link:
[https://account.safing.io/](https://account.safing.io/)
**Article 9. License**
----------------------
Subject to your compliance with these Terms of service, Safing ICS
Technologies GmbH grants to you a nonexclusive and limited license to
download and use the Software. Modifying, distributing to unauthorized
parties, reverse engineering, or otherwise using the Software in any way
not expressly authorized by Safing ICS Technologies GmbH is strictly
prohibited and will be considered a breach of [**Article 13**](#article-13-aup-acceptable-use-policy). **AUP**.
**Article 10. Your right to cancel**
------------------------------------
Under The Consumer Contracts Regulations 2013, and the 2015 amendments,
you have the right to cancel a service made at a distance, for instance,
online, the standard cancellation period starts the moment you enter into
the contract and receive your subscription, and lasts a maximum of
fourteen (14) days, (this is considered to be a cooling off period)
however, should you the consumer, want to download any digital content
using our service within the fourteen (14) days cancellation period you
must agree to waive your cancellation rights under the terms of the
amended Consumer Contracts Regulations 2015.
cancellation rights under this Article only apply to your initial order
for a subscription and do not apply to renewed subscriptions. In
agreeing to these Terms of Service, you expressly request that we
provide you with the Services immediately and within the fourteen (14)
day statutory cancellation period. In the event of cancellation, services
used during this period will be charged and deducted from any refund
due, along with a 15% account administration fee, please refer to
**[Article 6](#article-6-subscription).** Subscription.
Emails regarding cancellation should be sent, with full explanation to:
<cancellations@safing.io>
**Article 11. Refunds**
-----------------------
All refunds due to cancellation, under this article, shall be made to you
within fourteen (14) days of the cancellation process date, and will
only use the same method of payment as you used for your initial
transaction, payments and accounts are none transferable in any and all
circumstances.
Refunds due for any other reason, shall be made in a timely manner and
normally within fourteen (14) days, however as many reasons for refund
can apply, these may need investigation by our team which could take up
to twenty eight (28) days to complete, in this case you will be notified
via email address or by other means supplied by you.
Refunds applied for, due to termination of your account by us, are not
excepted, in any way shape or form, breaking the terms of this agreement
is not an acceptable reason for gaining a refund in any way shape or
form, please read **[Article
13](#article-13-aup-acceptable-use-policy). AUP** for more information.
For the avoidance of all doubt, the 15% account administration fees are
none refundable in any and all cases.
SLA rebates are paid on a no service running standard and are paid for
each full day where service is not supplied due to the SPN being offline
and caused by us.
SLA rebates are none refundable, in all cases these will be credited to
your existing account.
Emails concerning refunds should be sent, with full explanation and
request to:
<support@safing.io>
**Article 12.** **Use of the Service information**
--------------------------------------------------
We highly value the security of our subscribed members information,
Passwords and any other information used to identify a subscriber/member
are strictly private and confidential and must not be passed on or
shared by you the member with any third parties under any circumstances.
We may collect email addresses, transaction id, upon subscription to our
services, in all cases these are held behind high level encryptions and
are only accessible by a trained employee, please read the [**Privacy Policy**]({{ config.base_url }}/privacy/) to see how we protect your data.
**Article 13. AUP (acceptable use policy)**
-------------------------------------------
The following is the Safing ICS Technologies GmbH Acceptable Use Policy
(AUP). By using any of our services, including and not limited to the
SPN, website, or forums you agree to comply with this AUP.
We reserve the right to amend this AUP at any time, with or without
notice to you, however when applicable we agree to post any changes to
this AUP on the appropriate website of forums, and you agree to
periodically review this AUP as modified from time to time.
You agree to be bound to this AUP, as modified from time to time, every
time you use or access the Services. You affirm that you have read this
Policy and understand, agree and consent to its terms.
Pursuant to your subscription agreement, we may, at our sole discretion,
immediately terminate your access to the services if your conduct
violates (or appears to violate) the AUP. In addition, we may, at our
sole discretion, immediately terminate your access to the Services.
As these terms of service and AUP in its entirety covers all services
including and not limited to the SPN, website, and forums, the AUP, is
as follows:
**No Unlawful or Prohibited Use**
As a condition of your use of the Services, you will not use the
Services for any purpose that is knowingly unlawful or otherwise
prohibited by this AUP. You may not use the Services in any manner that
could damage, disable, overburden, or otherwise impair any of the
Services offered by Safing ICS Technologies GmbH, including and not
limited to the SPN, website, or forums, or interfere with any other
party's use and enjoyment of any of our Services.
- You may not attempt to gain unauthorised access to any Service,
other accounts, computer systems or networks connected to our
network through hacking, password mining or any other means.
- You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available through our
Services.
<!-- -->
- You may not use the Service in connection with unlawful contests,
lotteries, or gambling, pyramid schemes, chain letters, junk email,
spamming or any duplication or unsolicited messages (commercial or
otherwise).
- Including and not limited to the website and forums, you will not
defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
- Including and not limited to the SPN, website, and forums, you will
not publish, post, upload, distribute, traffic or disseminate any
defamatory, obscene, or otherwise unlawful content, such as by way
of example only, child pornography or anything relating to.
- Including and not limited to the website and forums, you will not
publish, post, upload, distribute or disseminate any topic, name,
material or information that incites discrimination, hate or
violence towards one person or a group because of their belonging to
a race, religion or nation.
- You will not upload, or otherwise make available files that contain
images, photographs, software or other material protected by
intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or
publicity) unless you own or control the rights thereto or have
received all necessary consents to do same.
- You will not use any material or information, including images or
photographs, which are made available through our Services in any
manner that infringes any copyright, trademark, patent, trade
secret, or other proprietary right of our, or any other party.
- You will not share any of your personal login details including and
not limited to passwords to any third party.
- You will not upload files that contain viruses, Trojan horses,
worms, time bombs, cancel bots, corrupted files, or any other
similar software or programs that may damage the operation of an
others property.
- You will not restrict or inhibit any other user from using and
enjoying the Services.
- You will not harvest or otherwise attempt to collect information
about others, including e-mail addresses, IP addresses, or personal
information of any kind.
- You will not use the Service for anything other than lawful
purposes.
- You will not copy or reproduce, in any way shape or form, by any
means, any part of the SPN Services, unauthorised by you.
- You will not incorporate the SPN Services or any portion thereof
into any other unauthorised program or product.
- Including and not limited to the website and forums, you agree that
by posting a submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described
in this AUP, including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the submissions.
- You agree to indemnify and hold Safing ICS Technologies GmbH
harmless from any and all liabilities, claims, or damages (including
attorney's fees), threatened or incurred as a result of your
activities or breach of this AUP.
**Article 14. Terminations**
----------------------------
Subscribed members may at any time, up to 72 hours prior to end of
subscription, and without the need to provide any reason, end his/her
subscription with us by requesting the closure of said account via
contact through:
<support@safing.io>.
Such requests shall be deemed effective from the first working day after
receipt by us of the request for closure of the account concerned. Such
a request does not trigger reimbursement of, if appropriate, any time
remaining on the member\'s subscription.
Termination of a subscription, by a subscriber/member, shall be
effective on the applicable subscription\'s expiration date provided the
subscriber/member has contacted us at least 72 hours before their
subscription expiration date in order to terminate the subscription,
otherwise it may automatically renew.
This Article does not apply to reimbursement when cancelling an initial
order under **[Article 10](#article-10-your-right-to-cancel).** Your
right to cancel under The Consumer Contracts Regulations 2013/2015.
As per the [**Privacy Policy, Article 16**]({{ config.base_url }}/privacy/#article-16-data-request). Any and all requests for us
to stop processing, or using, your data will cause a termination of your
account, this in no way automatically triggers a refund under **[Article
10](#article-10-your-right-to-cancel) or [11](#article-11-refunds)**
of these terms of service.
Without prejudice to the other provisions hereof, where a member commits
a serious breach of these terms, we will terminate the subscribed
member\'s account without prior notification or warning. Such
termination shall have the same effects as a termination by the member.
Without prejudice to the other provisions hereof, where a member commits
a breach of any part of these terms of service, we may terminate the
member\'s account seven (7) days after having sent to the member a
notification requesting unsuccessfully, that he or she comply with these
Terms of service, such termination shall take effect without prejudice
to any damages that we might claim from the member or his/her
beneficiaries and legal representatives, in compensation of the harm
suffered as a result of such breaches.
The member will be informed by email of the termination, or the
confirmation of the termination, of his/her account.
Breach of any part of [**Article
13**](#article-13-aup-acceptable-use-policy). the Acceptable use policy
(AUP), will ultimately result in a members account being terminated, in
this case there is no recourse for refunds of any description, breach of
the AUP may also be interpreted as an act of fraud or deception and will
be reported to the proper authorities.
**Article 15. Third party websites**
------------------------------------
Our service may provide you with content belonging to third parties or
links leading to third party websites, for purpose of example only,
PayPal, Stripe or any other payment gateways, are not controlled by
Safing ICS Technologies GmbH and we are not responsible for the
availability of the content provided by such third parties.
Third party companies and services have different terms of service and
privacy policies, it is your responsibility to read the terms of service
and privacy policies of any third party site you choose to use, failure
on your part to read such content is beyond our control and we cannot,
and will not be held liable for actions not taken by you.
Your access through our Services to any website, service, or content
provided by third parties does not indicate any relationship between
Safing ICS Technologies GmbH and any such third parties.
At present our forum is on the reddit platform, this can be reached by
using the following link:
<https://reddit.com/r/safing>
we have no control on how the Reddit service collects, stores, shares,
handles, or uses data, and you are advised to read any and all privacy
policies of the sites you intend to use.
**Article 16.** **Intellectual Property**
-----------------------------------------
The trademark, SPN, logos, graphics and texts featured on any and all of
our services are the intellectual property of Safing ICS Technologies
GmbH and may not be reproduced, used or represented without the explicit
permission, in writing via email to <office@safing.io> under threat of
legal action, please read **[Article 13.](#terms-of-service) AUP**.
The rights of use granted by ourselves to our subscribers are strictly
limited to accessing, downloading, printing and reproduction on all
media types, the use of these documents for private and personal
purposes in the scope of and for the duration of the member\'s
subscription only. Any other use by the subscriber/member is prohibited
without the express authorisation in writing from Safing ICS
Technologies GmbH. Please read **[Article 13.](#terms-of-service) AUP**.
In particular, members are prohibited from modifying, copying,
reproducing, disseminating, transmitting, exploiting whether for
commercial gain or not, and/or distributing in any way shape or form
whatsoever the Intellectual Property, from any and all services offered
by us.
**Article 17. Geographical access**
-----------------------------------
The Services provided by Safing ICS Technologies GmbH, are not
geographically limited, however, we make no representations or
warranties that the SPN Services are appropriate for use or access in
your country, location or jurisdiction.
You access and use the SPN Services in your country at your own risk,
and on your own initiative, you are solely responsible for complying
with your local governments' laws and regulations, if and to the extent
of such laws being applicable.
We reserve the right to limit, in our sole discretion, the availability
of the SPN Services or any portion thereof, to any person, entity,
geographic area, or jurisdiction, at any time. Other exclusions to the
service, may also include and are not limited to war zones.
**Article 18. No logs policy**
------------------------------
We do not log or store any records on user activity using our SPN
Service: however, you are required to create a user account,
subscription in order to use Safing ICS Technologies GmbH Services,
primarily the SPN, we are committed to your privacy and do not collect
or log browsing history, traffic destination, data content, IP
addresses, or DNS queries from Subscribers connected to our SPN.
For the avoidance of all doubt, should any government body or law
enforcement agency comply Safing ICS Technologies GmbH to release such
subscribed user information, listed above, we cannot supply this
information as the data does not exist, and is therefore not in our
possession.
**Article 19. Do not track**
----------------------------
As our services work on a globalised internet, (barring any geographical
exclusions) in conjunction with CalOPPA, and our no logs policy, our SPN
service uses a do not track policy, please read our [**Privacy Policy Article 11.**]({{ config.base_url }}/privacy/#article-11-do-not-track) to see how we protect any and all data, please also read
[**Article 23.**](#article-23-warranties-and-disclaimers) Warranties
and disclaimers
**Article 20. Children's Online Privacy Protection Act (COPPA)**
----------------------------------------------------------------
The services offered by Safing ICS Technologies GmbH are primarily aimed
at members of the public that are over the age of eighteen (18) years,
you are responsibility for your child's online presence, we do not, and
will not, knowingly supply any child with our services, please read our
[**Privacy Policy Article 10.**]({{ config.base_url }}/privacy/#article-10-childrens-online-privacy-protection-act-coppa). For clarification.
**Article 21. Indemnification**
-------------------------------
You agree to indemnify, defend, and hold harmless Safing ICS
Technologies GmbH, its officers, directors, employees, members,
partners, agents, and suppliers, from any and all claims and expenses,
including attorneys' fees, arising out of your use of the Content and
Service, including but not limited to your violation of this Agreement.
We may, at our sole discretion, assume the exclusive defence and control
of any matter subject to indemnification by you, the assumption of such
defence or control by us, however, shall not excuse any of your
indemnity obligations.
**Article 22. Amendments**
--------------------------
These terms of service are classed as living documents, and as such will
evolve, or change along with the evolution of our services and company,
we reserve the right to modify these Terms of Service, [Privacy Policy]({{ config.base_url }}/privacy/)
and "AUP" as and when required to keep up with and not limited to,
changes in company and privacy laws.
Subscribers to our services will be informed of the nature of any
changes or modifications as soon as they are posted on our website,
changes and modifications shall take effect during the time period
stated on the day of being posted on our website, and normally within 30
days of notification.
For subscribers registering after any changes or modifications to these
terms of service have been posted online, said changes or modifications
shall be immediately applied, as new subscribers will have expressly
accepted them when they open a new account, or by purchasing a
subscription.
**Article 23. Warranties and Disclaimers**
------------------------------------------
**General Reference**. Safing ICS Technologies GmbH, cannot and will not
be held responsible for the actions of its subscribed members whilst
using any of our services including and not limited to the SPN, website
and forums, such actions that are in breach of **[Article
13.](#article-13-aup-acceptable-use-policy) AUP**, will result in a
termination of service, without refund or compensation of any kind, in
such an event, Safing ICS Technologies GmbH may seek legal costs,
damages, and fees from the subscriber or his/her beneficiaries through
the Austrian court system.
Safing ICS Technologies GmbH, will endeavour to run our services to the
best of our abilities in all circumstances, however, we will not be
responsible or held liable in any way shape or form for, any delay or
failure to perform to the extent, due to unforeseen circumstances beyond
our reasonable control, including, and without limitations, failures of
your telecommunications or internet service providers, Force Majeure,
earthquakes, fires, floods, embargoes, labour disputes and strikes,
riots, war, novelty of product manufacture, or any other unanticipated
product development problems, and acts of civil and military
authorities.
**Reference** [**Article
5**.](#article-5-functioning-of-the-website-and-services) Functioning
of the website and Services. For the avoidance of all doubt, Safing ICS
Technologies GmbH, is in no way shape or form responsible for your
internet providers service including and not limited to its ping, speed,
or level of service, or connection, we will not be held responsible for
paying any compensation or refunds due to your lack of service due to
your ISP (Internet Service Provider).
Safing ICS Technologies GmbH, is in no way shape or form responsible for
your mobile devices, service providers charges, including and not
limited to, data charges, roaming charges, and contract charges of any
and all kinds, it is your responsibility to make sure that you have the
correct level of service including data plan in place.
**Reference** [**Article 6**.](#article-6-subscription) We warrant that
any period of subscription is exactly what it says, however there are a
number of factors that, may be beyond our control, or reduce the limit
of this time period, these are by way of example only and not limited
to:
- Safing ICS Technologies GmbH, changing the product extensively by
way of replacement of entire service.
- Safing ICS Technologies GmbH, is subject to a takeover, hostile or
not.
- Safing ICS Technologies GmbH, goes in to liquidation and ceases to
trade.
In all cases Safing ICS Technologies GmbH will do everything we can to
possibly avoid such circumstances and will keep subscribers up to date
with any and all information that may affect their subscriptions in a
prompt and timely manner.
Should Safing ICS Technologies GmbH, go into liquidation and cease to
trade, all subscriptions will close on the cessation of the company.
**Reference [Article 15.](#article-15-third-party-websites)** Third
party websites. If a third party causes any issues that affects our
service to you the member which is beyond our control, Safing ICS
Technologies GmbH, are not responsible for any such service-related
issues.
If a third party fails in some form or manner, Safing ICS Technologies
GmbH, is not responsible for such service-related issues.
If a third party gains ultimate control over the service that we provide
to you, Safing ICS Technologies GmbH, are not responsible for any
service-related issues, but may terminate your service based upon breach
of [**Article 13.**](#article-13-aup-acceptable-use-policy) **AUP**.
If any service-related issues do occur of which the issue is directly
caused by third party interaction, you are not entitled to a refund in
any such way, Safing ICS Technologies GmbH, cannot and will not be held
responsible or liable for member's actions on third party sites or
companies.
**Reference [Article 17.](#article-17-geographical-access)**
Geographical access. Safing ICS Technologies GmbH, cannot and will not
be held liable for the lack of access, or restrictions to any of our
services due to the actions taken by your local governments' laws and
regulations, privacy based or not, it is your responsibility to check
whether or not you can use our service in your geographic area, or
jurisdiction.
Geographical access denial is not grounds for a refund of any
description under [**Article 10.**](#article-10-your-right-to-cancel)
Your right to cancel, and could be considered a breach of these terms of
service.
**Reference [Article 19.](#article-19-do-not-track)** Do not track. as
we employ a do not track policy on our SPN service, we may not respond
to a do not track request from you, however, in all cases, Safing ICS
Technologies GmbH cannot and will not be held responsible for your
actions, or the actions of any third party sites you may visit,
including and not limited to the payment gateways we use to collect
subscription payments, i.e. PayPal, Stripe, or any credit card company
or bank you may use.
**Article 24. Jurisdiction and Applicable Law**
-----------------------------------------------
As Safing ICS Technologies GmbH is registered in Austria, this contract,
between you and Safing ICS Technologies GmbH shall be governed by
Austrian law, as such, any and all disputes will be decided only through
the Austrian court system.
**Article 25. Contact us @**
----------------------------
Contact information for all departments dealing with your accounts and
services are as follows:
General enquiries about the services provided by Safing ICS Technologies
GmbH: <enquiries@safing.io>
The rights of use granted by ourselves to our subscribers:
<office@safing.io>
Technical support/Account enquires, terminations and support:
<support@safing.io>
Account cancellations: <cancellations@safing.io>
We welcome your input, any feedback is helpful to aid the development of
our services: <feedback@safing.io>
**Article 26. Final note**
--------------------------
For the avoidance of all doubt, and as a final note, you the subscriber,
must read and agree to these terms of service, and also read our
[**Privacy Policy**]({{ config.base_url }}/privacy/) before using any of the services provided by Safing
ICS Technologies GmbH, including and not limited to the SPN, website,
and forums, otherwise the making of an account/subscription will be
taken as your acceptance of the full terms of service and Privacy Policy
in their entirety.
Thank you for taking the time to read our Terms of Service on how we
operate our service and the guidelines we follow.
© Safing ICS Technologies GmbH
2020
All rights reserved.