Terms of Service & Privacy Policy
This document constitutes the Terms of Service and Privacy Policy for HonTru LLC, governing the use of
our web and mobile software services, accessible at www.cpa.education, or any related websites. By accessing or using the Services, you
agree to be bound by this Agreement. If you do not agree, you must not use the Services.
1. Introduction
This Terms of Service Agreement (“Agreement”) is a legal agreement between You and HonTru LLC and governs
your use of the HonTru LLC services, web and mobile applications. Each party represents and warrants that
the person signing below on its behalf is a representative or agent of the company and has the authority to
bind the company to the terms and conditions of this Agreement. For purposes of this Agreement, the term “You”
means such company and all of its directors, subsidiaries, managers, officers, employees, and agents.
HonTru LLC is willing to provide access to the HonTru LLC Service and related documentation only on
the condition that You accept all terms and conditions set forth in this Agreement. By agreeing to this
digital Agreement, you acknowledge that You have read this Agreement, understand it, and agree to be bound by
it.
2. Definitions
- HonTru LLC Service, Services, Apps, or Applications: The web/mobile software as a
service delivered by HonTru LLC to You using the HonTru LLC System.
- HonTru LLC System: The technology, including the hardware and software, used by
HonTru LLC to deliver the HonTru LLC Service to You in accordance with this Agreement.
- Content: All content located on or contained in the HonTru LLC web/mobile sites or
any other websites owned or controlled by HonTru LLC
- Data: All data, materials, or information provided by You, Your Users, employees, or any
third party on Your behalf in connection with Your use of the HonTru LLC Service.
- Documentation: The online materials, specifications, or forms provided by HonTru LLC
that describe the features, functionality, or operation of the HonTru LLC Service and/or HonTru LLC Systems.
- Password: The unique password assigned to each User for access to the HonTru LLC
Services and the HonTru LLC Systems.
- Users: You and/or Your employees, representatives, consultants, contractors, or agents
who are authorized to use the HonTru LLC Service on Your behalf pursuant to Your acceptance of this
Agreement and Your payment of the appropriate license fees covering each User’s access.
3. Grant of License
During the Term of this Agreement and subject to the terms of this Agreement, HonTru LLC hereby grants to
You (and any authorized Users) a non-sublicensable, non-transferable, non-exclusive right and license to
access and use HonTru LLC Services, in accordance with the Documentation and solely for Your internal
business operations.
4. Your Use of the HonTru LLC Services
- 4.1 Access and Security Guidelines: You will choose or be provided with Passwords for
each of its licensed User(s) on the HonTru LLC system. You will be responsible for ensuring the
security and confidentiality of its Passwords. Each Password may be assigned to and used by only one
individual User. You will use commercially reasonable efforts to prevent unauthorized access to, or use of,
the HonTru LLC Service, and will notify HonTru LLC promptly of any such unauthorized use. You
shall not knowingly interfere with or disrupt the integrity or performance of HonTru LLC Service, or
the data contained therein. You shall, at all times, comply with all applicable laws in its use of
HonTru LLC Service.
- 4.2 Your Data: You are solely responsible for its Data and shall not knowingly provide,
post, or transmit any Data or any other information, data, or material that: (a) infringes or violates any
intellectual property rights, publicity/privacy rights, law, or regulation; or (b) contains any viruses or
programming routines intended to damage, surreptitiously intercept, or expropriate any system, data, or
personal information. HonTru LLC may take remedial action if Your Data violates this Section; however,
HonTru LLC has no obligation to review Your Data for accuracy or potential liability.
- 4.3 Restrictions on Use:
- (a) You are responsible for all activities that occur under its user accounts. You will not, and will
not attempt to (directly or indirectly): (a) reverse engineer, disassemble, or decompile any component
of the HonTru LLC Systems or HonTru LLC Services or otherwise attempt to discover any source
code, underlying ideas, or algorithms contained in the HonTru LLC System or HonTru LLC
Service; (b) interfere in any manner with the operation of the HonTru LLC Service or the HonTru LLC
System; (c) allow a third party to access the HonTru LLC Service or HonTru LLC System
using Your User Accounts; (d) distribute, sell, resell, sublicense, assign, or otherwise transfer to a
third party any of its rights under this Agreement; (e) use the HonTru LLC Service or HonTru LLC System
for the benefit of a third party, for time sharing, or to operate a service bureau; (f)
copy, modify, translate, or make derivative works based on any part of the HonTru LLC System,
HonTru LLC Service, or Documentation; (g) create Internet “links” to or from the HonTru LLC
Service or HonTru LLC System, or “frame” or “mirror” any of HonTru LLC content which forms
part of the HonTru LLC Service (other than on Your own internal intranets); (h) remove, cover,
alter, or obfuscate any logos, trademarks, internet links, confidentiality, or proprietary rights
notices, or any other notices or markings placed on or displayed by the HonTru LLC System,
HonTru LLC Service, or the Documentation; (i) publish or disclose to third parties the results of
any evaluation or benchmark test run on the HonTru LLC System or HonTru LLC Service without
HonTru LLC’s prior written consent; or otherwise use the HonTru LLC Service or HonTru LLC
System in any manner that exceeds the scope of use permitted under this Agreement.
- (b) You shall not, and shall not allow any Users to: (i) perform any technical security integrity
review, penetration test, load test, denial-of-service simulation, or vulnerability scan on the
HonTru LLC Service or HonTru LLC System without HonTru LLC’s prior written consent, or
(ii) use any software tool designed to automatically emulate the actions of a human user (such tools are
commonly referred to as “Robots”) in conjunction with the HonTru LLC Service or HonTru LLC
System.
- (c) You may not use the HonTru LLC Service or HonTru LLC System for spamming, chain letters,
junk mail, or distribution lists to contact any person who has not given specific permission to be
included in such a list. You agree not to transmit, or permit Users to transmit, through the HonTru LLC
Service or HonTru LLC System, any unlawful, harassing, libelous, abusive, threatening, vulgar,
obscene, or otherwise objectionable material of any kind. You agree to only use the HonTru LLC
Service and HonTru LLC System for lawful purposes, in compliance with all applicable laws
including, without limitations, copyright, trademark, obscenity, and defamation laws. Unlawful
activities may include, but are not limited to, storing, distributing, or transmitting any unlawful
material, attempting to compromise the security of any networked account or site, or making direct
threats of physical harm.
- 4.4 System Availability: HonTru LLC does not guarantee that the Service will be
uninterrupted, timely, or error-free. HonTru LLC has established internal system availability targets
of better uptime.
- 4.5 Enhancement Requests: All ideas submitted by enhancement requests are owned by
HonTru LLC, unless otherwise mentioned, everything submitted to our platform is owned by HonTru LLC, that
includes knowledge share, etc.
5. Ownership
- 5.1 HonTru LLC Technology: You acknowledge and agree that HonTru LLC or its
suppliers retain all right, title, and interest in and to (i) the HonTru LLC System, HonTru LLC
Service, Documentation, and all other software, materials, formats, interfaces, information, content, and
proprietary information and technology used by HonTru LLC or provided to You in connection with the
HonTru LLC Service; (ii) all modifications and/or enhancements to the HonTru LLC System or
HonTru LLC Service; (iii) the System Content; (iv) all suggestions, ideas, enhancement requests,
feedback, recommendations, or other information provided by You or learned as a result of Your use of the
HonTru LLC Service; (v) all transactional and performance data related to the use of the HonTru LLC System
and the HonTru LLC Service which HonTru LLC may collect, use, and disclose for its
business purposes (including for purposes of software use optimization and product marketing) provided that
such use does not reveal Your or any User’s identity, any of Your Confidential Information, or any other
personally identifiable information that belongs to You; (vi) all custom developed documents, designs,
computer programs, computer documentation, and other tangible materials created or prepared by HonTru LLC at
Your request pursuant to a separate, written statement of work; and (vii) the HonTru LLC logo,
and the product and service names associated with the HonTru LLC Service or otherwise contained on the
HonTru LLC website, all of which are trademarks of HonTru LLC (all of the foregoing being referred
to herein collectively as, the “HonTru LLC Technology”). You acknowledge and agree that HonTru LLC
Technology consists of intellectual property rights owned by or licensed to HonTru LLC, all of which
are protected by intellectual property laws.
- 5.2 Your Data: You retain all right, title, and interest in and to your Data. You grant
to HonTru LLC all necessary licenses in and to such Data solely as necessary for HonTru LLC to
provide the HonTru LLC Service to You or as required by law. You will be solely responsible for
providing all Data required for the proper operation of the HonTru LLC Service. Except as described in
Section 5.1 above, HonTru LLC will not knowingly use or access any of Your Data unless authorized to do
so by You and, in such circumstances, HonTru LLC will access and use Your Data only as required to
perform services on Your behalf. On occasion, HonTru LLC may query data across all customers in
aggregate to derive average spend amounts and metrics for benchmark reporting purposes. In all such cases,
HonTru LLC will anonymize Your Data and in no event will Your Data be identifiable. When such
benchmarking reports are derived, you will receive access to this data for its internal use.
6. Term and Termination
- 6.1 Term: This Agreement will commence upon execution of this Agreement and will continue
in effect in perpetuity unless and until terminated with thirty (30) days’ advance written notice to the
non-terminating party, or otherwise pursuant to these terms (the “Term”).
- 6.2 Termination: Either party may terminate this Agreement and Your subscription to the
HonTru LLC Service at any time and for any reason or no reason at all, in accordance with this Section
6.2 and/or Section 6.1; provided that if Your subscription is for a fixed period of time and You terminate
the HonTru LLC Service without cause, you will be responsible for the payment of the fee for the full
Term. You may terminate this Agreement and its subscription by providing written notice to HonTru LLC
Sorry, we do not offer refunds on monthly or yearly subscription. If it is a monthly subscription, the
billing admin can change the subscription before the 1st of the month which is a default renewal date.
- 6.3 Obligations After Termination: Upon termination of this Agreement for any reason: (a)
any amounts owed to HonTru LLC under this Agreement before such termination will become immediately due
and payable; and (b) each party will return to the other, or destroy, all Confidential Information and other
property of the other party in its possession or control. HonTru LLC agrees that upon any termination
of this Agreement, HonTru LLC will allow You to access, without the right to modify, enhance, or add
to, Your Data for ninety (90) days after termination. Any such termination shall not limit any other rights
or remedies which HonTru LLC may hold, all of which are hereby reserved.
7. Payment
- 7.1: You shall pay all invoices from HonTru LLC within 5 days from the date of
Invoice. You shall pay all fees or charges to its account in accordance with the fees, charges, and billing
terms as defined in this Agreement. Except as otherwise specifically provided in this Agreement, all payment
obligations are non-cancelable, and all amounts paid are nonrefundable. You may add HonTru LLC Services
by executing an additional written Sales Order Form. All pricing terms are confidential, and You agree not
to disclose them to any third party.
- 7.2: HonTru LLC charges and collects in advance for the total HonTru LLC cost
for a subscription to the HonTru LLC Service, as detailed in this Agreement. HonTru LLC will
invoice You for its monthly or annual service charges. Fees for other services will be charged on an
as-quoted basis. If You received a free month for subscribing to the Service for a fixed term, the free
month shall be the last month of the term. HonTru LLC collects Sales tax for all locations within the
United States that require such tax based upon State and Local Sales tax laws. Outside of the United States,
HonTru LLC’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and to
the extent not exempt, you will be responsible for payment of all such taxes, levies, or duties, excluding
only United States (federal or state) taxes based solely on HonTru LLC’s income. You agree to provide
HonTru LLC with complete and accurate billing and contact information.
- 7.3: In addition to any other rights HonTru LLC may have, HonTru LLC reserves
the right to suspend or terminate this Agreement and Your access to the HonTru LLC Service if payment
for undisputed fees is not paid to HonTru LLC within the time periods provided for herein. If You or
HonTru LLC initiates termination of this Agreement, you will be obligated to pay the balance due on its
account. You agree and acknowledge that HonTru LLC has no obligation to retain Your Data and that such
Data may be irretrievably deleted if Your account is thirty (30) days or more delinquent.
- 7.4: The HonTru LLC Pricing is available on the website or within the application.
8. HonTru LLC Rules for Advisors/Accountants/Businesses
- Keep things positive.
- Make your posts informative by giving "tips" and including links.
- Always include images and your logo.
- Always respond to posts.
- All of your posts need to be engaging.
- You should be posting at least five times a week.
- Get feedback from your network.
- Be safe; We require every member to be civil and respectful as they engage on our platform.
- Be trustworthy; Do not share false or misleading content.
- Be professional; Do not share junk mail, spam, chain letters, phishing schemes, or any other scams.
- Respect others’ rights and follow the law.
- HonTru LLC can distribute your content, annotate your content, and sell advertising on pages where
your content appears. HonTru LLC can use its websites, including www.cpa.education, to promote your content and services.
- Expect that your articles will be publicly available and can be shared.
- Please don't publish anything you don't have permission to share. This includes other people's articles,
things that you've found on the Internet, or content that belongs to your employer but not you. Most content
on the Internet belongs to someone, and unless you have clear permission from the owner to share it, you
shouldn't include it in your articles.
- HonTru LLC may restrict, suspend, or terminate your account and/or disable your articles for any
violation of the User Agreement.
- Tell us if you see something unsafe, untrustworthy, or unprofessional.
- We will communicate with you via email or the services user interface. It is your responsibility to keep
your services account e-mail address up-to-date so that you are able to receive electronic communications
from us.
9. Warranty; Disclaimer of Warranties; Limitation of Liability
- 9.1 HonTru LLC Warranty: HonTru LLC warrants that HonTru LLC Service will
perform substantially in accordance with the Documentation during the Term of this Agreement (the “Limited
Warranty”). In the event of a breach of the Limited Warranty, HonTru LLC’s entire liability and Your
exclusive remedy shall be, at HonTru LLC’s option, either (a) correction of the HonTru LLC Service
so that it performs substantially in accordance with the Documentation, or (b) return to You the Fees
actually paid by it for the prior twelve (12) months immediately preceding Your written notice to HonTru LLC
specifying the breach of the Limited Warranty in detail, and cancellation of its subscription and this
Agreement.
- 9.2 Disclaimer of Warranties: EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.1 ABOVE, THE
HonTru LLC SERVICE, THE HonTru LLC SYSTEM, AND ALL OTHER DATA, MATERIALS, AND DOCUMENTATION
PROVIDED OR MADE AVAILABLE BY HonTru LLC IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS
AVAILABLE,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. HonTru LLC MAKES NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF
PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. HonTru LLC DOES NOT WARRANT THAT HonTru LLC
SERVICE WILL BE PROVIDED ERROR-FREE OR UNINTERRUPTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE HonTru LLC SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO ITS COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE HonTru LLC
SERVICE.
- 9.3 Limitation of Liability: EXCEPT AS PROVIDED FOR HEREIN TO THE CONTRARY, EITHER
PARTY’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT,
THE HonTru LLC SYSTEM, OR THE SERVICE UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, CLAIMS
ARISING IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE), WILL BE STRICTLY LIMITED TO
THE FEES ACTUALLY PAID BY YOU TO HonTru LLC FOR THE HonTru LLC SERVICE IN THE TWELVE (12) MONTHS
PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. ALL CLAIMS BY EITHER PARTY WILL BE AGGREGATED TO
SATISFY THIS LIMIT AND MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. EXCEPT AS PROVIDED FOR HEREIN TO THE
CONTRARY, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL
THEORY (INCLUDING, BUT NOT LIMITED TO, CLAIMS SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF
WARRANTY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, INTERRUPTED COMMUNICATIONS, LOST OR INACCURATE DATA,
OR LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, OR LOSS OF USE OF ANY INFORMATION OR DATA OF
THE HonTru LLC SYSTEM OR HonTru LLC SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF, OR OTHERWISE
SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY REMEDY PROVIDED HEREIN. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMITATIONS ON
AMOUNT AND/OR TYPES OF DAMAGES SHALL NOT APPLY TO CAUSES OF ACTION OR DAMAGES CAUSED OR CREATED BY THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF EITHER PARTY, OR, THE LOSS OR MISUSE OF CONFIDENTIAL INFORMATION BY
EITHER PARTY OR, BREACH OF HonTru LLC’S INDEMNITY OBLIGATIONS UNDER SECTION. You may only resolve
disputes related to or arising from the Services with the HonTru LLC Entities on an individual basis
and will not bring a claim in a class, consolidated, or representative action.
10. Indemnity
- 10.1 Indemnity by HonTru LLC: HonTru LLC will defend, indemnify, and hold You
harmless from all claims, losses, demands, liabilities, damages, or judgments awarded by a court of
appropriate and final jurisdiction, or any settlements, including all reasonable costs and expenses related
thereto (including reasonable attorneys’ fees), arising out of (i) any third party claims that the
HonTru LLC Service or the HonTru LLC System infringes or misappropriates any presently existing
United States patent, copyright, trademark, or trade secret held by such third party; (ii) a breach by
HonTru LLC of any of its obligations, representations, warranties, or covenants contained in this
Agreement; provided that and so long as: (a) You use the HonTru LLC Service and the HonTru LLC
System in accordance with the Documentation; (b) You have adhered to its obligations under this Agreement;
and (c) You promptly notify HonTru LLC in writing of any such claim, suit, or proceeding and permit
HonTru LLC to control the defense or settlement thereof and cooperate in the defense or settlement
thereof.
- 10.2: HonTru LLC will have the option, at its expense, to employ counsel of its
choosing to defend against such claim and to compromise, settle, or otherwise dispose of the claim;
provided, however, that no compromise or settlement of any claim admitting liability of or imposing any
obligations upon You may be affected without Your prior written consent. You shall have the option to be
represented by counsel at Your own expense.
- 10.3: You, at HonTru LLC’s expense, shall cooperate fully in such actions, making
available employees, books, and records reasonably necessary for the defense of such claim. If HonTru LLC
refuses to defend or does not make known to You HonTru LLC’s willingness to defend against such
claim within thirty (30) days after it receives notice thereof, then You shall be free to investigate,
defend, compromise, settle, or otherwise dispose of such claim in Your best interest and incur other costs
in connection therewith, all at the expense of HonTru LLC
- 10.4: Should You be permanently enjoined by a court of competent jurisdiction from
continued use of the HonTru LLC Service because it infringes or misappropriates a third party’s
presently existing United States copyright, patent, trademark, or trade secret, HonTru LLC will (at
HonTru LLC’s discretion): (i) obtain the appropriate licenses for You to continue to use the HonTru LLC
Service; (ii) provide You with a non-infringing service equivalent to the HonTru LLC Service in
terms of functionality and performance; or (iii) terminate this Agreement and refund to You the amount of
the Fees actually paid by You for the prior two (2) months of access to the HonTru LLC Service.
- 10.5: HonTru LLC will have no obligation under this Section 10.1 with respect to any
claim of infringement or misappropriation of a third party’s proprietary rights to the extent such claim
arises as a direct or indirect result of (a) any use of the HonTru LLC Service or HonTru LLC
System in a manner other than as authorized in this Agreement; (b) any use of the HonTru LLC Service or
HonTru LLC System in combination with other products, equipment, devices, software, systems, or data
not supplied by HonTru LLC to the extent such claim is directed against such combination; or (c) any
alteration, modification, or customization of the HonTru LLC Service or HonTru LLC System made by
any party other than HonTru LLC if such infringement or misappropriation would not have occurred
without such alteration, modification, or customization. THIS SECTION 10.1 SETS FORTH THE ENTIRE OBLIGATION
OF HonTru LLC AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION.
- 10.6 Indemnity by You: You shall indemnify, defend, and hold HonTru LLC harmless
from all claims, losses, demands, liabilities, judgments, or damages awarded by a court of appropriate and
final jurisdiction, including all reasonable costs and expenses related thereto (including reasonable
attorneys’ fees) arising from or relating to (a) use of the HonTru LLC Service or HonTru LLC
System (including claims by any of Your customers or business partners) by You or any third party using a
Password assigned to You; (b) a breach by You of any of Your obligations, representations, warranties, or
covenants contained in this Agreement; or (c) any claim alleging that Your Data, or the use of Your Data
pursuant to this Agreement, infringes, misappropriates, or violates the intellectual property or any other
rights of a third party or otherwise causes harm to a third party.
11. Confidentiality
- 11.1 Confidential Information: During the Term of this Agreement, each party will have
access to certain information and materials concerning the other party’s technology, business plans,
employees, and customers that are confidential and of substantial value to such party, which value would be
impaired if such information were disclosed to third parties (“Confidential Information”). Confidential
Information of HonTru LLC shall include, without limitation, information specifically designated as
confidential, the features and functions of the HonTru LLC Service and HonTru LLC System that are
not available to the general public (including screenshots of the same), future product plans, the
Documentation, performance and security test results (whether conducted by HonTru LLC or You), and any
other proprietary, financial, or business information supplied to You by HonTru LLC or learned by You
in connection with this Agreement or Your subscription to the HonTru LLC Service. Your Confidential
Information shall include, without limitation, Your Data, Your Personal Information, information
specifically designated as confidential, business plans, and any other proprietary, financial, or business
information supplied by You to HonTru LLC or learned by HonTru LLC in connection with this
Agreement or Your subscription to the HonTru LLC Service. Except as otherwise expressly authorized
under this Agreement, the receiving party hereunder: (i) shall not use any Confidential Information of the
other party except as required to fulfill its responsibilities hereunder; (ii) shall not disclose the other
party’s Confidential Information to any third party; (iii) shall not be given any right, title, interest, or
license in or to any Confidential Information of the other party; and (iv) shall use all reasonable means to
protect and maintain the secrecy of the other party’s Confidential Information. Notwithstanding the
foregoing, “Confidential Information” shall not include either party’s information which is: (a) generally
available to the public; (b) already in the receiving party’s possession as of the commencement of this
Agreement without restriction; (c) except as it relates to third party service providers of You, received by
the receiving party from a third party not in violation of an obligation of confidentiality; (d) developed
independently by either party without reference to the other party’s Confidential Information; (e) the
subject of the disclosing party’s written consent authorizing disclosure; or (f) required to be disclosed by
the receiving party by applicable law or legal process, provided that the receiving party immediately
notifies the disclosing party so that the disclosing party may take steps to limit or prevent its
disclosure. In the event of a breach of this Section, the parties agree that the non-breaching party will
suffer irreparable harm and the total amount of monetary damages for any injury to the non-breaching party
will be impossible to calculate and would therefore be an inadequate remedy. Accordingly, the parties agree
that the non-breaching party shall be entitled to temporary, preliminary, and permanent injunctive relief
against the breaching party, its officers, managers, directors, employees, and agents, in addition to such
other rights and remedies to which it may be entitled at law or in equity.
12. Miscellaneous
- 12.1 Notification of Changes: HonTru LLC reserves the right to modify the terms and
conditions of this Agreement or its policies relating to the HonTru LLC Service at any time, effective
upon posting of an updated version of this Agreement or the applicable policy on the HonTru LLC website
or HonTru LLC Service. You are responsible for regularly reviewing this Agreement and any applicable
policies. Continued use of the HonTru LLC Service after any such changes will constitute Your consent
to such changes. If there are any changes in how HonTru LLC uses Your personally identifiable
information, it will notify You by email.
- 12.2 Force Majeure: Neither party shall be in default by reason of any failure in the
performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably
beyond the direct control or foreseeability of such party, including but not limited to, acts of God or of
the public enemy, domestic or foreign governmental acts, labor, fire, flood, epidemic, strikes, and/or
freight embargoes.
- 12.3 General: This Agreement is governed by the laws of the State of Oregon, USA, without
reference to its conflicts of laws principles. This Agreement sets forth the entire understanding and
agreement between the parties and supersedes any prior or contemporaneous discussions, understandings,
orders, requests, or statements regarding the subject matter hereof, except for any additional payment terms
which may be contained on a related Sales Order Form. No provision of this Agreement shall be modified,
supplemented, or waived without the express written authorization of both parties. Either party may assign
not less than all of its rights and obligations under this Agreement in connection with a change of control
to such party’s successor. This Agreement shall be binding upon and inure to the benefit of HonTru LLC’s and
Your successors and permitted assigns. You agree that HonTru LLC is providing these Services
as an independent contractor and nothing herein shall be deemed to constitute a partnership, joint venture,
or other business collaboration. In the event of a dispute between HonTru LLC and You where the parties
are unable to reach a mutually agreeable resolution, the dispute shall be submitted to a court of competent
jurisdiction in order to protect its rights and interests. Payment of expenses, including attorneys’ fees,
shall be assessed by the court based on the extent to which each party prevails. If any provision of this
Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such
provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or
unenforceable provision(s), with all other provisions remaining in full force and effect. The failure of
either party to enforce any right or provision in this Agreement will not constitute a waiver of such right
or provision unless acknowledged and agreed to by that party in writing.
- 12.4 Survival: Sections 1, 3, 4, 5, 7.2, 7.3, 9, and 10 of this Agreement and all of Your
payment obligations under this Agreement shall survive the termination or expiration of this Agreement for
any reason.
13. Privacy Policy
13.1 Who We Are
This Privacy Notice applies to all products, applications, and services offered by HonTru LLC, a company
incorporated in Oregon, USA, with registration number 99-4956290 and whose registered office is in Portland,
Oregon, USA.
13.2 Sharing Data
We may share personal information with agents, affiliates, partners, or other third parties that perform
functions on our behalf, such as analytics, credit card processing, etc. These entities have access to the
personal information needed to perform their functions and are obligated to maintain the confidentiality and
security of that personal information. Service providers are not authorized to use the information we share
with them for any purpose other than providing services to us or to you.
Required by Law: We may disclose information as required by law, such as in response to a
subpoena, a lawful request by a public authority, including to meet national security or law enforcement
requirements, or similar legal process, and when we believe in good faith that disclosure is necessary to
protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a legal
request.
13.2.1 Third Parties
- Connected Apps: At your discretion, you can allow 3rd party connections (we call them
Connected Apps) to consume your HonTru LLC data for additional processing into your accounting software
or extra cloud storage.
- Bank Transactions: At your discretion, you can enable Bank Transaction feeds into
HonTru LLC, from your selected institution. HonTru LLC does not store your bank login credentials.
13.2.2 Categories of Information That We Collect
- Identifying Information: This category includes information such as name, address,
telephone number, email address, banking information, credit card and debit card number, social security
number, Federal Tax Identification number, account numbers, user name, Internet Protocol address (“IP
address”), and other online identifiers.
- Commercial Information: This category includes information such as legal entity name,
business entity or filing, registered agent, officers, directors, managers, or members of an entity,
communications contact, other business-related information, services purchased, and other purchasing or
consuming histories or tendencies.
- Internet Information: This category includes information such as your internet browser,
browsing history on our website, search history on our website, information about the device you are using
to access our website, and information regarding your interaction with our website or advertisements. We may
also collect information about visitors to our website such as browser settings, operating systems,
referring/exit pages, and clickstream data.
- Audio Information: If you interact with our customer service personnel, we may record the
phone call or retain the email string for quality assurance purposes.
13.2.3 How We Use Your Information
- Provide Services to You: We collect information to send you email or postal mail, perform
tasks required to complete a purchase transaction, provide customer support, or provide other types of
customer relationship management and fulfillment. We may also use your information to optimize or improve
our Services and operations, for example, training and quality assurance.
- Fulfilling Legal and Compliance Obligations: We collect information in order to fulfill
our legal obligations. Examples of this may include satisfying regulatory screening requirements in
connection with entity formations, responding to subpoenas and other legal requests for information, and
maintaining records as required in our role as Registered Agent. We may also collect information for the
purpose of detecting fraud or other suspicious activity.
- Analytics: We collect information for use in performing various types of analytics. For
example, we use information to analyze how visitors interact with our website, where visitors to our website
arrive from and exit to, pages visited, links clicked, text entered, and mouse movements to understand site
usage, to detect fraud and potential threats, and improve our services.
13.3 Storing Data
HonTru LLC only stores the data it needs to function properly. Cloud Storage: HonTru LLC
provides subscribers with an unlimited cloud service for storage of financial documents in the form of
photos, PDFs, and metadata. This allows you to access your data from any of your devices anytime and use our
instant server search to quickly access your documents from way back. All data is stored heavily encrypted.
This way, local engineers or physical intruders cannot get access to user data. You are in control of your
data and can make changes to it anytime on web or mobile.
13.4 How We Use Your Data
Your data is only used to improve your product experience. In technical terms, this means enriching machine
models that dramatically improve the accuracy of data extraction, data categorization, and automation of your
bookkeeping.
- Invite Your Accountant: When you invite your accountant from your web app profile
settings screen, HonTru LLC adds them to your team so they can access your data for tax purposes.
- My Team: If you are a part of a team, like your company, then the administrator has
access to your data for reimbursement & tax purposes. This is the person who invited you to join the team.
Please make sure you take the right steps to validate all invites.
13.5 Deleting Data
Accounts: If you would like to delete your account, you can do this by emailing admin@hontru.com. Deleting your account permanently removes all
your data you ever stored with HonTru LLC System. This action must be confirmed by you and cannot be
undone. Documents: Everything you delete from your account is deleted forever.
13.6 Payment Information
HonTru LLC does not process payments from users and instead relies on PayPal, Stripe, etc. (a 3rd party
payment provider) to process payments around the world. It is the payment providers that handle and store your
credit card details.
Credit Card Information: When making a purchase, you enter your credit card details into a
form supplied by the payment provider that will be processing the payment, and this information goes directly
to the payment provider’s server. Your credit card information never reaches HonTru LLC’s servers. We do
not access and do not store your credit card information. When you save your credit card info, it is saved on
the respective payment provider’s servers, and the payment provider gives HonTru LLC a token that you can
reuse for future payments. It is not possible to reconstruct your credit card info from the token.
13.7 Security and Storage of Information
At HonTru LLC, all communication is over HTTPS/SSL using TLS 1.2 – same stuff the banks use. Data at Rest
is AES-256 encrypted and In Transit secured by HTTPS TLS 1.2. This means your data is super secure.
Infrastructure is on Azure Cloud offered by Microsoft.
13.8 Cookies, Analytics, and Support Data
- Cookies: We only use session cookies to keep you logged into the product. Without session
cookies, you would not be able to login and maintain a session with HonTru LLC
- Analytics & Traffic Data: We use Google Analytics to better understand how you experience
HonTru LLC This helps us build a better product for you and service your complimentary support
enquiries.
- Support Data: The information collected through chat or support email is no more than
what you provide us when you signed up or during the support session.
13.9 Privacy Policy Changes
Because of changes in technology and the growth and development of our business, or for other business
reasons, we may need to modify this Privacy Policy from time to time, so please review it periodically. We
will alert you by posting a copy of the new policy with its effective date on our site. We may also send you
an email or provide you additional forms of notice of modifications or updates as appropriate under the
circumstances. Your continued use of our service after any modification to this Privacy Policy will constitute
your acceptance of such modification.
13.10 Oregon Privacy Rights
HonTru LLC does not currently disclose personal information to third parties for their direct marketing
purposes.
13.11 Further Information
If you have any queries about how we treat your information, the contents of this Privacy Notice, your rights
under local law, how to update your records, or how to obtain a copy of the information that we hold about
you, please contact our Chief Security Officer at admin@hontru.com.
14. General Data Protection Regulation (GDPR)
This Data Processing Addendum (“DPA”) supplements our Terms of Service. This DPA applies to the extent you are
using the Services in the context of your data processing activities that are subject to the EU General Data
Protection Regulation (“GDPR”). This DPA is entered into by HonTru LLC You must have an existing
HonTru LLC Account to accept this DPA on behalf of the legal entity that corresponds to your Account. By
clicking “I accept”, you agree to enter into this DPA with HonTru LLC
14.1 General
This DPA sets out data protection, security, and confidentiality requirements with regard to the Processing of
Personal Data that is collected, disclosed, stored, accessed, or otherwise processed by HonTru LLC for
the purpose of providing the Services.
14.2 Definitions
- Applicable Law: All applicable European Union (“EU”) or national laws and regulations
relating to the privacy, confidentiality, security, and protection of Personal Data, including, without
limitation: the European Union Data Protection Directive 95/46/EC, as amended or replaced, from time to
time, such as by the General Data Protection Regulation 2016/679 (“GDPR”), with effect from 25 May 2018, and
EU Member State laws supplementing the GDPR; the EU Directive 2002/58/EC (“e-Privacy Directive”), as amended
or replaced from time to time, and EU Member State laws implementing the e-Privacy Directive, including laws
regulating the use of cookies and other tracking means as well as unsolicited e-mail communications; EU
Member State laws regulating security breach notification and imposing data security requirements; and the
Payment Card Industry (“PCI”) Data Security Standards.
- Data Controller: The entity which, alone or jointly with others, determines the purposes
and means of the Processing of Personal Data.
- Data Processor: The entity which Processes Personal Data on behalf of the Data
Controller.
- Data Subject: An identified or identifiable natural person to which the Personal Data
pertain.
- Instructions: This DPA and any further written agreement or documentation by way of which
the Data Controller or its affiliates instruct the Data Processor to perform specific Processing of Personal
Data.
- Personal Data: Any information relating to an identified or identifiable natural person;
an identifiable natural person is one who can be identified, directly or indirectly, in particular by
reference to an identifier such as name, an identification number, location data, an online identifier, or
to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or
social identity of that natural person, that is collected, disclosed, stored, accessed, or otherwise
processed by HonTru LLC for the purpose of providing the Services to you.
- Processing: Any operation or set of operations which is performed on Personal Data or on
sets of Personal Data, such as collection, recording, organization, structuring, storage, adaptation or
alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making
available, alignment or combination, restriction, erasure, or destruction.
- Pseudonymization: The Processing of Personal Data in such a manner that the Personal Data
can no longer be attributed to a specific Data Subject without the use of additional information.
- Sensitive Data: Personal Data revealing racial or ethnic origin, political opinions,
religious or philosophical beliefs, trade-union membership, genetic data, biometric data, data concerning
health, sex life, or sexual orientation.
- Sub-processor: The entity engaged by the Data Processor or any further Sub-processor to
Process Personal Data on behalf and under the authority of the Data Controller.
14.3 Processing of Personal Data
- 14.3.1 HonTru LLC as a Data Processor: The parties acknowledge and agree that to the
extent HonTru LLC operates and manages a website and web application for accountants and businesses,
HonTru LLC is acting as a Data Processor on your behalf, and you act as a Data Controller. HonTru LLC will
engage Sub-processors pursuant to the requirements set forth in Section 14.5 below.
- 14.3.2 Your Processing of Personal Data: You shall, in your use of the Services and
provision of Instructions, Process Personal Data in accordance with the requirements of Applicable Law and
provide Instructions to HonTru LLC that are lawful. You shall ensure that Data Subjects are provided
with appropriate information regarding the Processing of their Personal Data and, where required by
Applicable Law, you shall obtain their consent to such Processing.
- 14.3.3 HonTru LLC Processing of Personal Data: To the extent that HonTru LLC is
acting as a Data Processor, HonTru LLC will: (a) Process Personal Data in accordance with the
Instructions of the Data Controller and this DPA; (b) ensure that any person authorized by HonTru LLC
to Process Personal Data is committed to respecting the confidentiality of the Personal Data; (c) provide
reasonable assistance to the Data Controller, at the expense of the Data Controller, in ensuring compliance
with the obligations of the Data Controller under Applicable Laws, taking into account the nature of the
Processing and the information available to the Data Processor; (d) contribute to audits or inspections
conducted by HonTru LLC authorized auditors by making available to the Data Controller upon reasonable
request the respective audit reports (no more frequently than once per year) provided that the Data
Controller enters into a non-disclosure agreement with HonTru LLC regarding such audit reports; and (e)
provide reasonable assistance to the Data Controller, upon request, and, at the expense of the Data
Controller, facilitate the Data Controller’s compliance with its obligations in respect of conducting data
protection impact assessments and consulting with a supervisory authority, as required by Applicable Law.
- 14.3.4 Details of the Processing: The subject-matter of Processing of Personal Data by
HonTru LLC is the performance of the Services pursuant to the Terms of Service. The duration of the
Processing, the nature and purpose of the Processing, the types of Personal Data, and categories of Data
Subjects Processed under this DPA are further specified in Schedule A to this DPA. [Note: Schedule A not
provided; contact admin@hontru.com for details.]
14.4 Rights of Data Subjects
- 14.4.1 Data Subject Requests: HonTru LLC will, to the extent permitted by Applicable
Law or other applicable legal or regulatory requirements, inform you of any formal requests from Data
Subjects exercising their rights of access, correction, or erasure of their Personal Data, their right to
restrict or to object to the Processing, as well as their right to data portability, and will not respond to
such requests, unless instructed by you in writing to do so.
- 14.4.2 Assistance by HonTru LLC: HonTru LLC shall, upon your request, provide
reasonable efforts to assist you in responding to such Data Subject requests, and to the extent legally
permitted, you shall be responsible for any costs arising from HonTru LLC’s provision of such
assistance.
14.5 Sub-Processors
- 14.5.1 Appointment of Sub-Processors: You acknowledge and agree that: (a) HonTru LLC
affiliates may be retained as Sub-Processors; and (b) HonTru LLC and its affiliates may engage
third-party Sub-Processors in connection with the provision of the Services. HonTru LLC or an
HonTru LLC affiliate will enter into a written agreement with the Sub-Processor imposing on the
Sub-Processor data protection obligations comparable to those imposed on HonTru LLC under this
Agreement with respect to the protection of Personal Data. In case the Sub-Processor fails to fulfill its
data protection obligations under such written agreement with HonTru LLC, HonTru LLC will remain
liable to you for the performance of the Sub-Processor’s obligations under such agreement, except as
otherwise set forth in the Terms of Service. By way of this DPA, the Data Controller provides general
written authorization to HonTru LLC as Data Processor to engage Sub-Processors as necessary to perform
the Services.
- 14.5.2 List of Current Sub-Processors: HonTru LLC shall make available a list of
Sub-Processors for the Services. A current list of HonTru LLC Sub-Processors can be found by contacting
admin@hontru.com. HonTru LLC will update the list to
reflect any addition, replacement, or other changes to HonTru LLC Sub-Processors.
- 14.5.3 Objection Right for New Sub-Processors: You may reasonably object to HonTru LLC’s
use of a new Sub-Processor on legitimate grounds, subject to the termination and liability clauses of
the Terms of Service. The Data Controller acknowledges that these Sub-Processors are important or essential
to providing the Services and that objecting to the use of a Sub-Processor may prevent HonTru LLC from
offering the Services to the Data Controller.
- 14.5.4: To support HonTru LLC in delivering our services, we may engage third-party
service providers to assist us with its data processing activities. When we work with these service
providers in our capacity as a data processor, the third-party service provider is a sub-processor
(“Sub-processor”). Our Sub-processors are all subject to contract terms or terms of service that enforce
compliance with applicable data protection laws. Contact us at admin@hontru.com for the list of Sub-processors.
14.6 Security
- 14.6.1 Controls for the Protection of Personal Data: Each party shall implement and
maintain appropriate technical and organizational measures for protection of the security, confidentiality,
and integrity of Personal Data, including, where appropriate: (a) Pseudonymization and encryption of
Personal Data; (b) the ability to ensure the ongoing confidentiality, integrity, availability, and
resilience of processing systems and services involved in the processing of Personal Data; (c) the ability
to restore the availability and access to Personal Data in a timely manner in the event of a physical or
technical incident; and (d) a process for regular testing, assessing, and evaluating the effectiveness of
technical and organizational measures for ensuring the security of the processing of Personal Data.
- 14.6.2 Personal Data Incident Management and Notification: HonTru LLC will implement
and maintain a data security incident management program, compliant with Applicable Law, that addresses
management of data security incidents including a loss, theft, misuse, unauthorized access, disclosure, or
acquisition, destruction, or other compromise of Personal Data (“Incident”). Except to the extent necessary
to comply with applicable legal, regulatory, or law enforcement requirements, HonTru LLC will inform
you without unreasonable delay in accordance with Applicable Law after it becomes aware of any Incident that
has occurred in its systems which affects Personal Data processed on your behalf.
14.7 Return and Deletion of Customer Data
HonTru LLC will delete or return all Personal Data to the Data Controller at the end of the provision of
the Services, and delete existing copies, unless further storage of the Personal Data is required or
authorized by Applicable Law.
14.8 Data Transfers
The parties agree that HonTru LLC may transfer Personal Data processed under this DPA outside the
European Economic Area (“EEA”) or Switzerland as necessary to provide the Services. If HonTru LLC
transfers Personal Data protected under this DPA to a jurisdiction for which the European Commission has not
issued an adequacy decision, HonTru LLC will ensure that appropriate safeguards have been implemented for
the transfer of Personal Data in accordance with Applicable Law.
14.9 HonTru LLC Role as Data Controller
The Parties acknowledge and agree that to the extent HonTru LLC processes Personal Data, HonTru LLC
is acting as a Data Controller with respect to the Processing of Personal Data it receives from or through
you.
14.10 Termination
This DPA will have the same duration as and will be subject to the termination terms of the Terms of Service.
The obligations of HonTru LLC to implement appropriate security measures with respect to Personal Data
will survive the termination of this DPA and will apply for so long as HonTru LLC retains Personal Data.
In the event of a conflict between this DPA and the Terms of Service, this DPA will apply to the extent of the
inconsistency.
14.11 Limitation of Liability
Each party’s (including their respective affiliates’) liability, in the aggregate, arising out of or related
to this DPA, whether in contract, tort, or under any other theory of liability, is subject to the ‘Limitation
of Liability’ section of the Terms of Service, and any reference in such section to the liability of a party
means the aggregate liability of that party and all of its affiliates under the Terms of Service and all DPAs
together.
14.12 Governing Law
This DPA and any dispute or claim arising out of or in connection with this DPA or its subject matter shall be
governed by, and construed in accordance with, the laws of Ireland.
14.13 Contact
If you have any questions about our GDPR policy, please contact us at admin@hontru.com.
15. Trademark Policy
HonTru LLC reserves all rights of ownership of our trademarks. These trademarks include the HonTru LLC and its
brands logo and other designs and logos owned and used by HonTru LLC, as well as HonTru LLC and its brands
product and service names. HonTru LLC and its brands trademarks are important
corporate assets, and HonTru LLC requires that they be used only in accordance with this Trademark
Policy.
15.1 Logos
HonTru LLC limits the use of our logos. You may not use HonTru LLC and its brands logos unless you
have the express written permission of HonTru LLC or are licensed by HonTru LLC to do so.
Permissible use of HonTru LLC and its brands logos must comply with this Trademark Policy, any license or
usage requirements for the logos, and any brand guidelines.
15.2 Trademark Usage
“Fair use” of HonTru LLC and its brands trademarks, that is, use by a third party without express
permission or license, is limited to text-only references to HonTru LLC and its brands trademarks such as
product and service names, and excludes HonTru LLC and its brands logos. In such references, you must be
truthful, must not disparage HonTru LLC, and must not mislead the public. You must be clear and accurate
as to the nature of the relationship between HonTru LLC and your company, our products, and our services.
When making fair use of HonTru LLC and its brands trademarks, you must properly mark and attribute them.
The first reference in text to HonTru LLC and its brands trademark must be followed by the proper
trademark symbol. The proper symbol for registered trademarks is ™.
When an HonTru LLC and its brands trademark is used, you must acknowledge HonTru LLC’s ownership in
the following manner: “[insert permissible mark] [is a/are] trademark[s] of HonTru LLC” In order to
preserve our reputation and protect our trademarks, HonTru LLC guards against infringement and dilution
of our trademarks. Use of HonTru LLC and its brands trademarks together with counterfeit products,
software, solutions, or services or HonTru LLC and its brands products, software, solutions, or services
obtained from sources other than authorized HonTru LLC and its brands sources is prohibited and will not
be tolerated.
You can minimize your risk of unauthorized use of HonTru LLC and its brands trademarks by adhering to the
following guidelines:
- Do not use HonTru LLC and its brands corporate logo or any other HonTru LLC and its brands logo
without the express written consent of HonTru LLC and its brands.
- Do not alter, adapt, or modify any HonTru LLC and its brands trademark.
- Do not use HonTru LLC and its brands trademark in a manner that is likely to cause confusion about
the origin of any product, service, program, material, or other offerings.
- Do not use an HonTru LLC and its brands trademark or name in a manner that is likely to give the
impression or otherwise imply an affiliation or association between you, your products or services, and
HonTru LLC and its brands, or any of our products, services, programs, materials, or other offerings.
- Do not use any HonTru LLC and its brands trademark or name as or as part of a company, product,
service, or program name.
- Do not use HonTru LLC and its brands trademark or name in a manner that is likely to dilute, defame,
disparage, or harm the reputation of HonTru LLC and its brands.
- Do not use, register, or seek to register any trademark, name, or designation that is confusingly similar
to HonTru LLC and its brands name or any HonTru LLC and its brands trademark.
- Do not copy or imitate any HonTru LLC and its brands design, type style, logo, product packaging, or
the look, design, or overall commercial impression of any HonTru LLC and its brands website, blog, or
other materials.
- Do not register or use any domain name that incorporates any HonTru LLC and its brands mark or name.
- Do not use HonTru LLC and its brands trademark name for a product or service as a noun, or in the
plural form.
- Always use the proper spelling for HonTru LLC and its brands’ trademarks.
Disclaimer: This Trademark Policy is not intended to serve as legal advice. Should you have
questions regarding your legal rights or duties, please consult your own attorney. Should you have further
questions regarding HonTru LLC’s Trademark Policy, please contact HonTru LLC
16. Security and Reliability Safeguards
At HonTru LLC and its brands, we know that our customers rely on us as an important part of their
business processes and record keeping. We take our responsibilities to our customers seriously, and the
security and reliability of the software, systems, and data that make up the HonTru LLC and its brands
application are our top priority.
- 16.1 Firewalls: The HonTru LLC and its brands application – including your data –
rests securely behind firewalls.
- 16.2 Vulnerability Scanning: HonTru LLC and its brands’ servers are scanned for
vulnerabilities regularly and any newly-identified problems are addressed as quickly as possible.
- 16.3 Strong Encryption: HonTru LLC and its brands uses industry standard encryption
protocols and practices to responsibly transmit sensitive information (including cardholder data).
- 16.4 Physical Security: The HonTru LLC and its brands servers are located in
state-of-the-art datacenters, which provide biometric access controls, constant surveillance, redundant
power feeds and generators, robust fire suppression, and carefully monitored climate control to protect the
servers that store your data and manage your billing.
- 16.5 PCI Compliance and Card Holder Data: Cardholder data should only be input by the
user in areas that explicitly require it. HonTru LLC and its brands handle cardholder data in
accordance with PCI Data Security Standard requirements. Where cardholder data storage is required (i.e.,
automatic payments on recurring templates), HonTru LLC and its brands leverages PCI DSS Level 1
Compliant partners who undergo an annual audit of its infrastructure. In addition, HonTru LLC and its
brands maintains its PCI DSS Level 1 compliance and has its audit conducted by an independent third-party on
an annual basis.
- 16.6 Secure Development Practices: HonTru LLC and its brand developers follow the
secure development practices described in OWASP. Furthermore, we subscribe and adhere to the principle of
least access.
- 16.7 Breach Notification: If there is a security and/or privacy breach that occurs, we
will notify the necessary authorities and impacted customers within the legally required timelines based on
the Applicable Data Protection Law.
- 16.8 Reliability: The HonTru LLC and its brands infrastructure uses redundant
storage and servers to keep the application and your data available in the case of hardware failure – and
another set of servers and storage in geographically separate data centers in case our primary datacenter is
made unavailable by a disaster or other disruption.
- 16.9 Managed Hosting: HonTru LLC and its brands Application utilizes Microsoft Azure
for hosting requirements. With a vast array of clients with varying needs, Azure provides an environment
that allows for the fast delivery of features, continued product innovation, reliable security and
stability, and a reduced chance of downtime.
- 16.10 Backups: The data in your HonTru LLC and its brands account is replicated
across multiple database servers in two geographic locations to prevent a single failure from causing data
loss.
17. Cookie Policy
Like many web-based service providers, HonTru LLC and its affiliates and brands utilize “cookies” in
connection with the use of our “Services”. This cookie notice provides information about how and when we use
cookies and other similar tracking technologies on our platforms and our websites. To better understand how we
use the data collected through these technologies, please read our Privacy Policy.
17.1 What Are Cookies?
A cookie is a small text file that is transferred by a web server and stored on the hard drive of your
computer or mobile device when you visit certain websites. Generally, cookies are used to make your browsing
experience better by allowing a website to remember your actions and preferences (for example, your
authentication status). Cookies also provide information on how people may use a website (for instance,
whether it’s their first time visiting or if they are a frequent visitor).
17.2 What Cookies Do We Use and Why?
We use a number of different cookies to provide you with our Services, to monitor usage and performance, to
customize and improve your experience, and to facilitate our marketing, social, and advertising activities.
- Strictly Necessary Cookies: We use a small number of cookies that are necessary to allow
you to use our Services. The use of these cookies is essential for our Services to work. For example, we use
session cookies for the duration of a session to keep track of a user’s identity and authentication status.
- Functional Cookies: We use third-party tools to help customize our website and to
remember choices you’ve made, some of which may use cookies or similar technology in order to function. For
example, we use tools like Hello Bar and Proof to customize messaging for website visitors.
- Analytics and Reporting Cookies: We use many tools to help us improve our Services and
the overall user experience for our customers and website visitors. To this end, we use reporting and
analytics cookies to collect information about how you use our website, and how often. For example, we use
Google Analytics and other third-party analytics providers to help measure how users interact with our
website content and product features. For more information on Google Analytics, visit Google’s information
page.
- Marketing and Advertising Cookies: We use a number of tools to help us with our marketing
efforts, some of which may use cookies or similar technology. Marketing and advertising cookies are used on
our marketing website to tailor marketing to you and your interests and provide you with a more personalized
service in the future. These cookies remember that you visited our website, and we may verify this
information with third parties, such as advertisers, who may also use such cookies to deliver advertisements
to you on other websites.
17.3 Third Party Cookies
In some cases, we allow our third-party service providers to place cookies or similar technologies on your
device through our Services, for the purposes described above, including for analytics and advertising. Third
parties who place cookies through our Services will obtain the information described above and in our Privacy
Policy. These third parties have their own privacy policies and will use the information obtained through
their cookies in accordance with their own policies and legal requirements.
17.4 How Can You Control Cookies?
Most browsers allow you to control cookies through their settings. You may be able to set your browser to
notify you when you receive a cookie or to reject cookies entirely. You can also delete cookies that have
already been set. However, if you disable or delete cookies, you may not be able to use some or all of our
Services, as some cookies are necessary to use the Services. For more information on cookies and how to manage
them, you can visit www.allaboutcookies.org.
17.5 Updates to Our Cookie Notice
We may update this Cookie Notice from time to time to reflect changes in our practices, services, or legal
requirements. Updates to this Cookie Notice will be posted on our website with the effective date. Your
continued use of our Services after any such updates will constitute your acceptance of the revised Cookie
Notice.
18. Google Data Use Disclosure
HonTru LLC uses certain Google APIs to provide you with additional functionality as part of the Services.
By way of example, we use Google Analytics to collect information about your use of our Services for the
purpose of improving our Services and your user experience. For more information about how Google uses data
when you use our Services, please see Google’s information page.