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Customer Data & Privacy Terms and Conditions

Customer Data. As between Pilgrim and Customer, all Customer Data is owned exclusively by Customer. Pilgrim may access Customer's User accounts, including Customer Data, solely to respond to service or technical problems or at Customer's request. Customer agrees that Pilgrim will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Pilgrim’s current RPO (recovery point objective) is 8 hours and its RTO (recovery time objective) is 8 hours. Each party will exercise reasonable and appropriate measures in the protection of Customer Data, subject to applicable laws and regulations. Customer acknowledges that Pilgrim has no control over Customer Data, the operation of that Customer Data, or the effect such Customer Data will have on Customer's systems. Customer is solely responsible for operation and use of its Customer Data. Notwithstanding the foregoing, Pilgrim may disclose Customer Data as required by applicable law or regulation to as court or governmental authority. Pilgrim shall give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer’s expense.

Access to Customer Data. Customer is solely responsible for (i) any User who accesses the Service, (ii) protection and security of its User passwords and prevention of unauthorized use of the Service, (iii) compliance with all applicable local, state, federal, and foreign laws. Customer shall provide to Pilgrim a list of all Users, with periodic updates as necessary to identify new Users as well as former Users who should no longer access the Service. Customer will immediately notify Pilgrim in writing (including electronic mail) if Customer determines, or has reason to believe, that an unauthorized party has gained access to a password or the Service. Customer shall indemnify, defend, and hold harmless Pilgrim from any claim, proceeding, loss or damages based upon any use, misuse, or unauthorized use of Customer's passwords and keys.

Risk of Exposure. Customer recognizes and agrees that hosting data online involves risks of unauthorized disclosure or exposure and that, in accessing and using the System, Customer assumes such risks. Pilgrim offers no representation, warranty, or guarantee that Customer Data will not be exposed or disclosed through errors or the actions of third parties.

Data Accuracy. Pilgrim shall have no responsibility or liability for the accuracy of data uploaded to the System by Customer, including without limitation Customer Data and any other data uploaded by Users.

Data Deletion. Pilgrim may permanently erase Customer Data, after fifteen (15) days prior written notice to Customer, if Customer’s account is delinquent, suspended, or terminated for 30 days or more.

Excluded Data. Customer represents and warrants that Customer Data does not and will not include, and Customer has not and shall not upload or transmit to Pilgrim's computers or other media, any data prohibited by any applicable laws, including data privacy laws (“Excluded Data”). CUSTOMER RECOGNIZES AND AGREES THAT: (a) PILGRIM HAS NO LIABILITY FOR ANY FAILURE TO PROVIDE PROTECTIONS SET FORTH IN THE EXCLUDED DATA LAWS OR OTHERWISE TO PROTECT EXCLUDED DATA AND (b) PILGRIM’S SYSTEMS ARE NOT INTENDED FOR MANAGEMENT OR PROTECTION OF EXCLUDED DATA AND MAY NOT PROVIDE ADEQUATE OR LEGALLY REQUIRED SECURITY FOR EXCLUDED DATA.

Aggregate & Anonymized Data. Notwithstanding the provisions above of this Article 2.5, Pilgrim may use, reproduce, sell, publicize, or otherwise exploit Aggregate Data in any way, in its sole discretion. (“Aggregate Data” refers to Customer Data with the following removed: personally identifiable information and the names and addresses of Customer and any of its Users or customers.

 

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