OpsPanda Terms of Service
and Privacy Policy

1. Terms

By accessing the website at http://www.opspanda.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on OpsPanda's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on OpsPanda's website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by OpsPanda at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on OpsPanda's website are provided on an 'as is' basis. OpsPanda makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, OpsPanda does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall OpsPanda or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on OpsPanda's website, even if OpsPanda or a OpsPanda authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on OpsPanda's website could include technical, typographical, or photographic errors. OpsPanda does not warrant that any of the materials on its website are accurate, complete or current. OpsPanda may make changes to the materials contained on its website at any time without notice. However OpsPanda does not make any commitment to update the materials.

6. Links

OpsPanda has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by OpsPanda of the site. Use of any such linked website is at the user's own risk.

7. Modifications

OpsPanda may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of CA and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

OpsPanda Privacy Policy

This Privacy Policy (“Policy”) describes the manner in which OpsPanda handles personal information collected from individuals (“you” or “users”) by OpsPanda through its website: www.opspanda.com or in connection with OpsPanda’s delivery of services to its customers through OpsPanda. In this Policy, the term “personal information” refers to information relating to an identified or identifiable natural person.

Our Site includes links to other websites whose privacy practices may differ from those of OpsPanda. Please refer to the privacy policies of any linked third-party website to learn how the operators of those websites collect and use information that is gathered through those websites. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

  1. Our Commitment to Protecting Your Privacy.

    OpsPanda uses reasonable and industry standard precautions to ensure the privacy and security of personal information entered while using the OpsPanda website or in connection with OpsPanda’s delivery of services to its customers through OpsPanda. By visiting this site and using the OpsPanda Services, you are accepting the practices described in this Privacy Policy.

    OpsPanda adheres to and has certified compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. OpsPanda is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the Department of Commerce’s Privacy Shield List.

    Our Privacy Policy may change from time to time and any updates to that policy will be reflected on this page.

  2. Notice - What Information OpsPanda Collects and How OpsPanda uses that Information.

    1. OpsPanda User Registration. For direct users of the OpsPanda Services, we collect email address, name and possibly additional contact information. We also collect information required to configure, use, and receive support for the OpsPanda Services, and your IP address, time you visited, and cookies (collectively, “Customer Information”). A cookie is a piece of information that our webserver sends to your computer (actually to your browser file) when you access a website. Then when you come back our site will detect whether you have one of our cookies on your computer. Our cookies help provide additional functionality to the site and help us analyze site usage more accurately. For instance, our site may set a cookie on your browser that keeps you from needing to remember and then enter a password more than once during a visit to the site.

    2. OpsPanda Processed Personal Information. In addition to 1. above, OpsPanda processes information under the direction of its customers, and has no direct relationship with the individuals whose personal data it processes. This personal information may include name, email address, information about the person’s role (e.g., employee title), reporting structure and/or business financial goals.

    3. Website usage. When you visit our website, we may collect IP address information in order to provide you more relevant content.

    4. Choice - Opt Out. You can choose not to provide certain information, but this may impair your ability to use the OpsPanda Services. You may opt out of Google Analytics by visiting the Google Analytics opt-out page. To opt out of OpsPanda information collection (direct or via our business partners, such as HubSpot), send an email to support@opspanda.com.

    5. Usage of Information. The information we collect is used to administer our business activities, including customer support, track site usage and assist with identification when you visit our site.

      The email addresses of registered users will be used to notify you of critical updates, account information, and announcements. You can opt out of these emails if you like.

      The OpsPanda processed personal information is used solely within the OpsPanda services for planning, reporting and analysis and only made available to the OpsPanda registered customers who are the source of the information.

    6. Sharing of Information. We do not share, sell, rent, or trade any information that you provide with third parties except as required to provide you the OpsPanda Services and as specified in this policy.

    7. Onward Transfer - Third Party Service Providers.
      1. OpsPanda customers. We may share information we collect with our third-party data center service providers that assist with our provisioning of the OpsPanda Services, such as Amazon, Inc. Third party service providers that we use are required to protect all data provided hereunder as OpsPanda confidential information, restricting transfer and disclosure to any other third party.

      2. Website visitors. As you browse www.opspanda.com, advertising cookies and cookies to assist in marketing our services to you will be placed on your computer so that we can understand what you are interested in. Our marketing services partner, HubSpot, enables us to present you with information on our services based on your previous interaction with www.opspanda.com. The techniques our partners employ do not automatically collect personal information such as your name, email address, postal address, or telephone number.

      3. To the extent that OpsPanda enters into an agreement with a third party to provide any services under this policy, OpsPanda shall ensure that the third party subscribes itself to the EU-U.S. Privacy Shield Principles, or has entered into a written agreement with OpsPanda that imposes privacy terms that protect the data to the same standard provided for by this Policy. OpsPanda shall remain liable for any breach of this Policy that is caused by such third party.

    8. Attribution. OpsPanda may include a list of customers of the OpsPanda Services as well as testimonials on the OpsPanda website that contains a customer name, logo and associated employee name and title. Unless otherwise agreed upon in writing, customer consents to such listing or posting of testimonials.

    9. Public Forums. Any information you post on any OpsPanda provided blog, bulletin board or similar forum may be freely used by OpsPanda, any OpsPanda customer or any other visitor to such forum, and therefore, you shall have no expectation of privacy with any data included in such forum, and consent to such usage by any party mentioned herein, or any other third party.

    10. Required by Law. OpsPanda reserves the right to use or disclose information provided if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order, or legal process.

    11. Retention. OpsPanda retains Customer Information for a period of one (1) year after you cease using the OpsPanda site.

    12. OpsPanda does not respond to ‘Do Not Track’ browser signals or other mechanisms. Third parties may collect personal information about your online activities over time and across sites when you visit the Site or use the OpsPanda Service.

  3. Data Integrity - Data Transacted through the OpsPanda Services.

    1. OpsPanda will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. OpsPanda will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.

    2. OpsPanda reserves the right to use aggregate, non-personally identifiable data processed by OpsPanda to help with the development, tuning and scaling of the OpsPanda Services, including the generation of reports. Reporting is used both for internal use and to provide reports available to the OpsPanda customer associated with such provided data. OpsPanda will keep all data private, and will not share data with any third parties, except as an aggregate across multiple OpsPanda customers (for example, advertising the total number of sales reps managed using OpsPanda). Occasionally we may use the information collected herein to notify all our customers about new services or special offers.

    3. Security - OpsPanda provides a high level of security; and all customer data is encrypted. In addition, OpsPanda takes reasonable measures, including technical, physical, and administrative measures and training, designed to protect personal information from loss, misuse, and unauthorized disclosure, access, alteration, and destruction. OpsPanda safeguards personal information according to established security standards and periodically assesses new technology for methods of protecting information. However, OpsPanda cannot guarantee the security of personal information.

  4. Children. If you are under 18, or the age of majority in the jurisdiction in which you reside, you may only use the OpsPanda website and OpsPanda Services with the consent of your parent or legal guardian.

  5. Consent. By accessing and using the OpsPanda website and OpsPanda Services, you agree to this Privacy Policy. This is our entire and exclusive Privacy Policy and it supersedes any earlier version. Our Terms of Service take precedence over any conflicting Privacy Policy provision contained herein. We may change this Privacy Policy by posting a new version of this Privacy Policy on this website. It is your responsibility to review all updated versions of this Privacy Policy. We encourage you to periodically review our Privacy Policy to stay informed about how we are protecting the personally identifiable information we collect. Your continued use of the OpsPanda website or OpsPanda Services constitutes your agreement to this Privacy Policy and any updates. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personally identifiable information may be part of the transferred assets. You acknowledge that such transfers may occur, and that any acquirer or successor of OpsPanda may continue to use your information as set forth in this policy without additional consent from you, provided such entity agrees to the provisions of this policy.

  6. Changes to Privacy Policy. If our Privacy Policy or procedures change, we will promptly post those changes to our website. Any such changes will be effective immediately upon being posted, unless otherwise stated in the change. OpsPanda may share personal information with any entity that is affiliated with us for purposes consistent with this Policy.

  7. Access to your Information. You may contact OpsPanda to request Customer Information held by OpsPanda in order to correct, amend or delete information that is inaccurate. Contact information is provided in Section 8 below.

  8. Contacting OpsPanda, Enforcement. OpsPanda provides periodic training for its employees involved in the collection and dissemination of Customer Information. In addition, OpsPanda’s internal policies and procedures provide for disciplinary action if our employees fail to follow this Privacy Policy. We periodically self-assess and review these internal policies and procedures to review compliance.

  9. Dispute Resolution. In compliance with the Privacy Shield Principles, OpsPanda commits to resolve complaints about your privacy and our collection or use of your personal information and will respond to such complaints within forty-five days. European Union and Swiss citizens with inquiries or complaints regarding this privacy policy should first contact OpsPanda at:

    1. Email: support@opspanda.com

    2. Postal mail: OpsPanda Inc., 525 Lytton Ave., Palo Alto, CA 94301, USA

      OpsPanda’s independent recourse mechanism for Privacy Shield complaints for use by European Union and Swiss individuals is JAMS. If you are unsatisfied with the resolution of your complaint, you may contact JAMS at https://www.jamsadr.com/eu-us-privacy-shield for further information and assistance.

      With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, OpsPanda is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

Last Update: November 27, 2017