This page describes how the abovementioned website manages the processing of the personal data of its users. The policy only applies to the website RADICAL STORAGE and it does not extend to other websites possibly consulted by the user via links.
As a result of using the website, data on identified or identifiable persons may be processed.
This Notice is also based on Recommendation 2/2001 which the European authorities for the protection of personal data, brought together in the Group set up by art. 29 of Directive 95/46/CE, adopted on 17 May 2001, in order to identify some minimum requirements for the collection of personal data online and, in particular, the manner, timing and nature of the information that processing controllers must provide to users when they log in web pages, regardless of the purpose of the login.
This website acquires personal data as part of its normal operation, the transmission of which is an integral part of Internet communication protocols; among this data, depending on how the user interacts with the website, there may be: contact information, preferences and browsing interests; and information about the user's location.
The website may automatically allow the user's identification while browsing, by collecting certain personal information such as IP addresses or domain names of the computers used by users who log into the website, the addresses of the requested resources expressed in uniform resource identifier (URI) notation, the time of the request, the method used for submitting the request to the server, the size of the file obtained in response, a numeric code indicating the status of the response given by the web server (successful, error, etc.) and other parameters related to the user's operating system and computing environment.
This data is used for the sole purpose of obtaining anonymous statistical information about the use of the website and to check its proper functioning.
The data could be used to establish liability in the event of cybercrime against the website, or at the request of the authorities.
Sending e-mail to the addresses indicated on this website, creating a personal profile, subscribing to the newsletter, or filling out forms on the website involves the subsequent acquisition of personal data provided by the user.
We use collected personal data for multiple purposes such as, but not limited to the following: to allow the management of requests submitted to Lean Team through the website, to send newsletters and business information about our products; to analyze how to improve our website and our user's experience. Below is a table listing the purposes for which we collect your personal data.
| Categories of personal data | Purpose of processing | Legal basis for processing |
| Contacts and profile information. Personal data, such as your name, phone number, address, business information and email address, registration to our Service, registration to our mailing list, participation in a contest, redemption of a promotion or any communication or iteration that you establish with us. | To create your account and communicate directly on the Service. | Processing is necessary for the execution of the contract and to fulfill pre-contract tasks. |
| To communicate with you and answer all questions by users. | Processing is necessary for the pursuit of our legitimate interests, in particular to properly and timely manage customer requests, complaints and suggestions regarding the website. | |
| To send you marketing and direct marketing communications (soft spamming). | Processing is carried out only with the user's explicit consent. In regard to direct marketing activities (soft spamming), processing takes place on the basis of the legitimate interest of RADICAL STORAGE to inform the user about services similar to those he/she has already used. | |
|
To help us (involving third-party advertising partners, including social networks like Facebook) to:
- understand the behavior in navigation activities through analysis of trends and consumption patterns; identify potential customers who have characteristics similar to yours. |
Processing is carried out only with the user's prior and explicit consent. | |
| Comments, chats and opinions. When you contact us directly, for example by email, phone, or by participating in online chat, we collect your comments and your opinions. | To answer your questions, solve problems and improve our Service. | Processing is necessary for the pursuit of our legitimate interest, i.e. to communicate with users about the Service and to properly and timely manage customer's requests, complaints and suggestions regarding the website. |
| About payments and transactions. Information such as the type of service purchased, date and time of the transaction, and payment information. Please note that the information of the credit card or bank account that you use to pay online for the service, is processed directly by the Stripe payment platform. |
To allow the transaction to be completed through the Stripe platform. | Processing is required for the execution of a contract. |
| To detect and prevent fraud. | Processing is necessary for the pursuit of our legitimate interest, namely for the detection and prevention of fraud. | |
| Location information. If you provide our mobile applications with access to localization services on your device, we and our third-party providers can collect location data via GPS, WiFi, wireless network triangulation or other methods. We may also approximate your location based on your IP address. | We use your location information to customize the Service, to improve your shopping experience, to perform analyses such as traffic measurement and to improve the effectiveness of our websites, locations, mobile applications, our products, advertising and the Service. | Processing is necessary for the pursuit of our legitimate interest, namely to adapt our Service to the needs of the user and improve our Service in general. |
| Information provided by social networks. When you interact with our Service through various social networks, such as when you like us on Facebook or when you follow or share content on Facebook, Twitter, Instagram or other sites, we may receive information from those sites, such as profile information, user ID linked to your social media account, friend list and any other information the social network is allowed to share with third parties. | We use this information to communicate or interact with you on the social network, to better understand the characteristics of our visitors and to customize content and advertising. The data we receive depends on your privacy settings with the social network. Before connecting or linking them to our website or service, we recommend that you review them periodically and, if necessary, change your privacy settings on third-party websites and social networks and services. | Processing is necessary to pursue our legitimate interest, in particular to adapt our service to the user's needs and to improve our service. |
| Information about fraudulent or criminal activity related to your account. | We will use information about fraudulent or criminal activity related to the use of our Service for the purpose of detecting and preventing fraud or abuse. | Processing is necessary for our legitimate interest, namely for the detection and prevention of fraud. |
| All the personal information listed above. | We will use all the personal information collected to manage, maintain and provide you with the functionality of the Service, to communicate with the user, and to monitor and improve our Service and our activity. | Processing is necessary for the pursuit of our legitimate interests in order to protect our organization. |
We can share the information:
– with third parties to comply with the users’ requests (such as the newsletter service provider, the provider that supports site management or that provides support to us in organizing events the user registers for through the website, etc.).
To learn more, see our full privacy policy.
Users, in their capacity as Interested Party in the processing of data, have the right, at any time, to obtain confirmation of the existence of the personal data processed and to know its contents and origin, verify its accuracy or ask for its integration, update or correction (Art. 15 and 16 of the Regulation).
Pursuant to articles 17,18 and 21 of the European Regulation 2016/679 – GDPR [General Data Protection Regulation], each user has the right to request the elimination, limitation of processing, transformation into anonymous data or blocking of data processed in violation of the law, as well as to oppose in any case, for legitimate reasons, their processing and to file a complaint with the Personal Data Protection Authority.
For more information about your rights and how to exercise them, please read our full Privacy Notice below.
If you have any questions about our Privacy Notice, please email us at: privacy@radicalstorage.com.
Before accessing or using our websites, make sure that you have read and understood our collection, processing, archiving, usage, and disclosure of your personal data as described in this Privacy Notice.
This privacy notice ("Privacy Notice") describes how this website handles the processing of the personal data of its users.
The policy is made only for the Lean Team S.r.l. website, and it does not apply to other websites that may be accessed by the user via external links. Following the consultation of this site, data of identified or identifiable persons may be processed.
The Data Controller is Lean Team S.r.l. [Ltd.] (hereinafter "Lean Team" or "the Controller") which legla domicile is at Via [street] Fidene 23, 00183 Rome, Italy.
Through the website, we collect and process personal data in several ways:
Contact and profile information: personal information, such as first and last name, email address, profession, nationality, when registering in our website, signing up for our mailing list or creating the personal area;
About preferences and interests: preferences set for notifications, marketing communications and the display of our website;
Social Profiles: When you sign up to our site via social media, or when you interact with the site through social media, we can receive information from the social network about your social media account and any other information that the social network is allowed to share with third parties.
Location data: You can control location tracking by adjusting location services settings on your mobile device. We can still approximate your location based on your IP address when accessing the Service through a computer or mobile device.
When you use our website, read our newsletters, or otherwise interact with us through a computer or mobile device, we and our third-party partners can automatically collect information about how you access and use the website, as well as information about the device you use to access the website. We use this information to improve and personalize the user experience, to monitor and improve our website and for other internal purposes. We generally collect this information through a variety of monitoring technologies, including cookies, pixels, web beacons, embedded scripts, location identification technologies, and similar technologies (collectively, "monitoring technologies").
You can accept and reject these technologies by changing your privacy preference settings in your browser's profile settings.
The information we automatically collect can be combined with other personal information that we collect directly from users.
The information we can collect automatically is:
We do not collect or process the following personal data related to the user:
We ask you not to send us, and not to disclose, any personal data among those mentioned above through the website or directly to our contacts.
Personal data is processed for:
To reply to the requests, complaints and suggestions regarding our website that you send us, also via the live support chat on our website.
Legal basis of processing: our legitimate interests to manage, in an appropriate and timely manner, customer requests, complaints and suggestions regarding the website.
We collect and use user’s personal data to manage the website technically and to ensure that it works properly.
Legal basis of processing: our legitimate interests in ensuring the proper functioning of the website from a technical/information technology point of view.
For the purposes of detecting and preventing fraud or abuse, we may use some information provided by the user during the navigation on our website or the use of our App, as well as for the control of the user at the time of payment for the Service.
Legal basis of processing: our legitimate interest in detecting and preventing fraud or abuse in the use of the Service.
To send you information about changes to the Website’s terms and conditions and provide you with this Privacy Notice.
The legal basis for the treatment: our legitimate interest in informing you well in advance of the introduction of these changes.
To comply with our legal obligations, government orders that may also include actions from government authorities outside your home country, when we reasonably believe that we are obligated to such disclosures, and when the disclosure of your personal data is strictly necessary to comply with these legal obligations or government orders.
Legal basis of processing: compliance with our legal obligations.
To allow you to pay for the service offered by connecting to the Stripe platform.
Stripe will process users' personal data to ensure payment for the service. For more information on Stripe's activities, please read the privacy policy of Stripe's website: https://stripe.com/it/privacy
Legal basis of the processing: the service supply contract offered by the Controller and the execution of the same through the connection to the Stripe and PayPal platforms.
To send you, or to request our IT service providers to send you our direct marketing communications via email. The marketing communications inform you about products and affiliated brands (or our business partners) and about the activities promoted by the Controller.
Legal basis of processing: your prior explicit consent.
Please note that you always have the option to refuse to receive direct marketing communications, even those for which you have already given consent to, simply by unsubscribing from the newsletter service or by communicating your decision to us by e-mail.
If you have already used our services, we may contact you by e-mail to inform you about similar activities and to keep you up to date about the new products and services promoted by the company.
Legal basis of processing: our legitimate interest in directly promoting the company's activities and services to our clients.
You have the opportunity to refuse this specific direct marketing processing at all times by sending an email, calling us or writing to us using the contact information listed in this Privacy Notice.
We collect your Personal Data to perform analysis on trends and consumption patterns. This helps us to learn more about the users of the website and to adapt our website and, more generally speaking the products. to the preferences identified by the users themselves.
Legal basis of processing: your prior explicit consent.
To enforce our contractual terms and conditions under the law, protect our business operations (even against fraud), protect our rights, privacy, our security or property, and/or that of our affiliates, and allow us to pursue the legal remedies available or limit any damages against us.
Legal basis of processing: our legitimate interests to protect our organization under the law.
Who is your personal information disclosed to?
The personal data provided may be communicated to processors and suppliers for the maintenance of this website.
The newsletter is sent by e-mail to those who explicitly fill out the form on the website page and authorize the Controller to process personal data. The data about the registration and use of newsletters (the "Services") can also be communicated to companies that allow the Controller to provide such Services.
These companies:
The communication of the data will be carried out in full compliance with the current legislation.
Here are the categories of Data recipients:
- Angel (owners of the physical place where the storage materially takes place)
The individuals the personal data refer to have the right, at any time, to obtain confirmation of the existence of the data itself and to know its content and origin, verify its accuracy or ask for its integration, update and correction. The individuals the personal data refer to have the right to request the deletion, limitation of processing, transformation into anonymous data or the blocking of data processed in violation of the law, and to object to their processing in any case, for legitimate reasons.
The rights can be exercised by contacting the Data Controller or the processing supervisor at the following addresses:
The Interested Party may ask the Controller to receive the personal data provided, in a structured format, commonly used and machine-readable and he/she has the right to pass it on to another Controller.
The Interested Parties are also entitled to file a complaint with the Personal Data Protection Authority, which can be contacted through the website https://www.garanteprivacy.it/.
We intend to retain your personal data for the entire period of time during which the interested party did not request a deletion.
The security of your information is very important to us, and we have put safeguards in place to preserve the integrity and security of the information we collect and share with our website providers.
Specifically, personal data is encrypted using a security technology called Secure Sockets Layer, abbreviated to SSL. SSL technology encrypts the information before it is exchanged over the Internet between the user's device and the Company's core systems, making it incomprehensible to those who are not authorized and thus ensuring the confidentiality of the information transmitted. Using SSL also requires a compatible browser capable of "exchanging" a minimum 128-bit security key required to establish the aforementioned secure connection with the joint central systems.
However, no security system is impenetrable, and we cannot guarantee the safety of our systems 100%. In the event that any information under our control is compromised due to a security breach, we will take reasonable steps to investigate the situation and, if appropriate, notify people whose information may have been compromised and take other measures, in accordance with applicable laws and regulations.
In order not to receive the newsletter or to unregister from the website, you need to click on the delete link and follow the instructions, or change your preferences in your personal area on radicalstorage.com.
If you have any problems, please send an email to: unsubscribe@radicalstorage.com.
The individuals the personal data refer to have the right, at any time, to obtain confirmation of the existence of the same data and to know its content and origin, verify its accuracy or ask for its integration, update and correction (Art. 15 and 16 of the Regulation).
Pursuant to Articles 17, 18 and 21 of the Regulations, the individuals the personal data refer to have the right to request the deletion, limitation of processing, transformation into anonymous data or the blocking of data processed in violation of the law, and to object to their processing in any case, for legitimate reasons.
This Privacy Notice is regulated and will be interpreted in accordance with the laws and any other mandatory provision of applicable laws in the European Union.
We will strive to update this list if or when we work with new partners who offer a choice on collecting your information, but as partners change and new technologies become available, it is likely that this list will change over time and may not always reflect our current partners.
| Third-party partners | Partner product | Type of tracking technology | Description |
| Criteo | Criteo | Advertising | Criteo is an advertising network specializing in retargeting. They provide pay-per-click solutions, personalized and re-targeting solutions to electronic retailers, content portals, community sites, and advertising platforms. More information can be found here: http://www.criteo.com/about-us/ |
| Microsoft | Bing Ads, New | Advertising | Bing Ads is a service that provides pay-per-click advertising on both Bing and Yahoo! search engines. |
| Google AdWords Conversion; Google Shopping Reviews | Advertising; Customer interaction | Google AdWords Conversion lets us see what happens after a customer interacts with our ads – for example, if they purchased a product, signed up for a newsletter, or if they've completed other actions on our website. | |
| Google Dynamic Remarketing | Advertising | Dynamic remarketing campaigns are used to show repeat visitors ads for the products or services they already saw on our website. | |
| Affilinet | Affilinet | Advertising | Affilinet cookies anonymously track and record online users’ interactions on our website when traffic comes from an affilinet publisher. The information is used in order to anonymously attribute the sale and payment of fees to advertisers. More information can be found here: https://www.affili.net/AFFI/media/AFFIMediaLibraries/Documents/en-GB/affilinet-Tracking-Cookies.pdf |
| Facebook Impressions | Advertising | Facebook Impressions is used to measure the duration of ads on the screen. | |
| Google Tag Manager | Essential | Google Tag Manager is used for tracking analytics on websites. | |
| Google Analytics; Google Platform; Google Ads | Site and social media analytics | We use Google Analytics and Google Universal Analytics to identify the user and the devices used when a visit reaches our website or service via browser or mobile device, when the user logs in his/her account at our Service, or when he/she contacts our Services. We share a unique identifier, such as a user ID or email address, to which a hash algorithm is applied to make the email address secret, and Google Universal Analytics facilitates the service. Google Analytics allows us to better understand how our users interact with our service and adapt our advertising and content to their needs. For information about how Google Analytics collects and processes data, as well as how you can control information sent to Google, see Google's "How Google uses information provided by apps or sites that use its services," which is located at www.google.com/policies/privacy/partners/. You can learn about the opt-outs currently available for Google Analytics, including the Google Analytics Ad-On browser here https://tools.google.com/dlpage/gaoptout/. We can also use some forms of display advertising and other advanced features through Google Universal Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, The Integration of The DoubleClick Campaign Manager and Google Analytics Demographics and Interest Reporting. These features allow us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Double click advertising cookie) or other third-party cookies to inform, optimize and display ads based on the user’s prior visits to the Service. Users can check their advertising preferences or opt out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available on https://google.com/ads/preferences or by visiting the NAI's online resources on http://www.networkadvertising.org/choices. | |
| Yandex | Yandex | Site analysis, advertising | Yandex is the most used search engine in Russia. |
| New Relic | New Relic | Site analysis | New Relic is the web application performance tool for monitoring the customer experience. |
| TrackJS | TrackJS | Site analysis | TrackJS is an error-monitoring tool used to detect errors in Javascript applications |
| Typeform | Trusted | Site analysis | Used to enable customers to provide feedback on their customer experience. |
| Facebook Custom Audience; Facebook for Developers; Facebook Ads | Advertising and social media | Used to: retarget visitors on all their devices; track displayed/selected ads; allow Facebook members to log in with their Facebook profile and, while connecting, they can connect with friends through these media and post information and updates to their Facebook profile. | |
| Hotjar | Hotjar | Site analysis | Tool used to monitor the website’s interface. https://www.hotjar.com/ |
| Commission Junction | CJ | Advertising | Advertising network specializing in affiliation. More information can be found here: https://www.cj.com/ |
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LEAN TEAM SRL. (DBA RADICALSTORAGE.COM)
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in RadicalStorage.com's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the RadicalStorage.com web site. Please note that throughout this Agreement, "we," "us," and "our" refer to RadicalStorage.com, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at the RadicalStorage.com server. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes "Merchant" or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are RadicalStorage.com or any other affiliated business.
2.2. As a member of RadicalStorage.com's Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details, download HTML code (that provides for links to web pages within the RadicalStorage.com web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. RadicalStorage.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
3. RadicalStorage.com Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the RadicalStorage.com Affiliate Program.
3.2. RadicalStorage.com reserves the right to terminate this Agreement and your participation in the RadicalStorage.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the RadicalStorage.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, RadicalStorage.com shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and RadicalStorage.com's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in RadicalStorage.com's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Payment
Payment of revenues will be on a monthly basis and only for successful booking. Tracking is based on 30 days post click cookie policy.
7. Access to Affiliate Account Interface
You will create a password so that you may enter RadicalStorage.com’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions RadicalStorage.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by RadicalStorage.com. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote RadicalStorage.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote RadicalStorage.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from RadicalStorage.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the RadicalStorage.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as RadicalStorage.com, merchant, www.merchant, www.Bagbnb.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Merchant’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Merchant’s service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchant’s site (i.e., no page from our site or any RadicalStorage.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open RadicalStorage.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of RadicalStorage.com's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of RadicalStorage.com and the good will associated therewith will inure to the sole benefit of RadicalStorage.com.
9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
10. Disclaimer
RADICALSTORAGE.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING RadicalStorage.com SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF RadicalStorage.com ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL RADICALSTORAGE.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
13. Indemnification
You hereby agree to indemnify and hold harmless RadicalStorage.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
14. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15. Miscellaneous
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and RadicalStorage.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement has been made in and shall be construed and enforced in accordance with the laws of Republic of Italy. Any action arising hereunder will be brought in state courts, located in Rome.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
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