Welcome to the Total Digital Security Corporation web site (the “Site“), (“TDS“, “we”, “us” and/or “our”).
This Site is operated by Total Digital Security and has been created to provide information about our TDS cybersecurity solutions and services, including device protection, VPN, private email domains, network security, password manager and our other products and services including speaking, training, and education.
When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below. This privacy notice discloses the privacy practices for www.totaldigitalsecurity.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:
When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:
TDS's products and solutions may include 3rd party product provider/vendor scanning, monitoring, and filtering as well as remove or replace content as part of the security services being used. Some examples are, but not limited to removing advertising, malicious attacks vectors and files, as well as viruses. Replacing content includes, but not limited to, replacement block pages, content replacement of blocked content and other information necessary for the service. TDS will not store any of the data transmitted but only the logs containing source and destination information, as well as actions taken. It may also store any other log related information within the logs or temporarily store packet capture data for troubleshooting purposes.
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. fulfill an order.
When you interact with TDS through the Services and Solutions, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. TDS may store such information itself or such information may be included in databases owned and maintained by TDS affiliates, agents or service providers and vendors. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Data is available or used in this process.
We may also use local shared objects, also known as Flash cookies, to display content based upon what you view on our site to personalize your visit. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here.
In an ongoing effort to better understand and serve the users of the Services, TDS often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and TDS may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. TDS may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
TDS is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
TDS, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
TDS may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of TDS, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
TDS takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to TDS via the Internet.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Total Digital Security Corporation (“TDS”) provides its Service (as defined below) and its web site located at https://www.totaldigitalsecurity.com( the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
TDS reserves the right, at its sole discretion, to change or modify portions of these TOS at any time. TDS will post changes on this page and will indicate at the top of this page the date these terms were last revised. TDS will also use commercially reasonable efforts to notify you of changes, either through the Services user interface, in an email notification, or other means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new TOS.
Description of Service. The “Service(s)” includes (a) the Site, (b) TDS’s cloud security service and related technologies, (c) any hardware device provided by 3rd party providers and vendors (“Device(s)”), (d) all Software (as defined below); (e) the Shield Tester vulnerability test tool located at totaldigitalsecurity.shieldtest.com or any site part of the domain shieldtester.com, and (f) any data and other content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
General Conditions/ Access and Use of the Service.
Any software that may be made available by TDS in connection with our Services, including without limitation software embedded in, provided with, or installed on Devices, including any error corrections and bug fixes provided by TDS or third party providers and vendors (collectively, “Software”), contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, TDS hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the Device and object code of any Software solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software; or remove any proprietary notices or labels. You agree not to access the Service by any means other than through the interface that is provided by TDS for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of TDS or any third party is granted to you in connection with the Service.
Confidentiality; Data. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business, which may include personally identifying information of individuals (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of TDS includes non-public information regarding features, functionality and performance of the Service. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except as expressly permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required by law.
This TOS will commence on the date you accept its term and continue until terminated as set forth herein. You may terminate this TOS at any time by canceling your account and ceasing to use the Services. We may terminate this TOS at any time upon ten days notice to you.
Upon the expiration or termination of this TOS for any reason: (i) TDS will terminate your access to the Service and will cease the provision of all Service; and (ii) if you have not paid in full for the Device, you will promptly return the Device to TDS pursuant to instructions provided by TDS. Termination of this TOS shall not relieve either party of its respective obligations to the other hereunder that arose prior to the effective date of termination.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MDS BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, (B) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM; (C) ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (D) ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR (E) ANY MATTER BEYOND ITS REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, TDS’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall defend, indemnify, and hold harmless TDS from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. TDS shall provide notice to you of any such claim, suit or demand. TDS reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting TDS’s defense of such matter.
You may not remove or export from the United States or allow the export or re-export of the Devices, Service, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this TOS and will be prohibited except to the extent expressly permitted by the terms of this TOS.
Assignment. You may not assign this TOS without the prior written consent of TDS, but TDS may assign or transfer this TOS, in whole or in part, without restriction.
This TOS shall be governed by the laws of the State of Florida without regard to the principles of conflicts of law. Unless otherwise elected by TDS in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Florida for the purpose of resolving any dispute relating to your access to or use of the Service.
TDS may use your name and/or company name as a reference for marketing or promotional purposes on RDS’s website and in other communication with existing or potential TDS customers, subject to any reasonable trademark guidelines you may provide.
Miscellaneous. If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. This TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind TDS in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. The failure of TDS to exercise or enforce any right or provision of this TOS shall not be a waiver of that right.
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