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Terms of Use

This World Wide Web server is made available for informational purposes only, and use of this web site is at the sole risk of the user. Nothing in this web site should be construed as an offer by TSI Incorporated to sell any product, an offer to otherwise do business with TSI Incorporated, or a solicitation of any offer to do business with TSI Incorporated, and no contract between TSI Incorporated and the user shall arise, either expressly, by implication, or by estoppel. TSI Incorporated does not guaranty the accuracy of the product descriptions and other information made available on this web site, and that information is not intended to create or modify any warranty or other obligation of TSI Incorporated. While use of this internet site may facilitate transactions between TSI Incorporated and the user by serving as a vehicle for the user to make an offer, any offer is subject to acceptance by TSI Incorporated at its headquarters in Shoreview, Minnesota solely in its discretion, and in writing.

As used in this web site, the name TSI Incorporated includes subsidiaries of TSI Incorporated.

TSI Incorporated reserves the right in its discretion to suspend, change, modify, and or remove portions of the information contained in this web site at any time without notice, and to restrict the use and accessibility of the web site.

 

DATA PRIVACY POLICY

Last Updated: January 15, 2020

 

Introduction
TSI Incorporated (hereinafter "Company" or "We") respects your privacy and we are committed to protecting it through our compliance with this policy. This policy describes:

  • The types of information we may collect or that you may provide when you access, or use the BlueSky™ Cloud Solution (the "Solution"); and
  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.


This policy applies only to information we collect in this Solution and in email, text, and other electronic communications in connection with the Solution.

This policy DOES NOT apply to information that:

  • We collect offline or on any other Company Solutions or websites, including websites you may access through this Solution.
  • You provide to or is collected by any third party


Our websites and Solutions, and these other third parties have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this Solution. By downloading, registering with, or using this Solution, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy and your continued use of this Solution after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Children Under the Age of 18
The Solution is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at webmaster@tsi.com.

[California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.]

Information We Collect and How We Collect It
We collect information from and about users of our Solution:

  • Directly from you when you provide it to us.
  • Automatically when you use the Solution.


Information You Provide to Us
When you download, register with, or use this Solution, we may ask you to provide information:

  • By which you may be personally identified, such as:
    • Name, Address, City, State, Zip
    • User Info, First Name, Last Name, Email Address
    • Device Serial Number, Location, Name, Address, City, State

along with any other identifier by which you may be contacted online or offline ("personal information").

  • That is about you but individually does not identify you, such as:
  • Information that you provide by filling in forms in the Solution. This includes information provided at the time of registering to use the Solution, subscribing to our service and posting material, and requesting further services. We may also ask you for information when you report a problem with the Solution.
  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
  • Details of transactions you carry out through the Solution and of the fulfillment of your orders.

Automatic Information Collection and Tracking
When you download, access, and use the Solution, it may use technology to automatically collect:

  • Usage Details. When you access and use the Solution, we may automatically collect certain details of your access to and use of the Solution, including performance metrics, traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Solution.
  • Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
  • Stored Information and Files. The Solution also may access metadata and other information associated with other files stored on your device.
  • Location Information. This Solution does not collect real-time information about the location of your device.


If you do not want us to collect this information do not download the Solution or delete it from your device and you may opt out at any time by deleting the Solution and notifying us of your desire to OPT-OUT.

Third-Party Information Collection
As with most standard web solutions, when you use the Solution or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Analytics companies.
  • Your mobile device manufacturer.
  • Your mobile service provider.


These third parties may use tracking technologies to collect information about you when you use this Solution. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, Solutions, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions, you should contact the responsible provider directly.

How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the Solution and its contents, and any other information, products or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Give you notices about your account/subscription, including expiration and renewal notices.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Notify you when Solution updates are available, and of changes to any products or services we offer or provide though it.


The usage information we collect helps us to improve our Solution and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Solution according to your individual interests.
  • Recognize you when you use the Solution (Authentication Cookie).


We use location information we collect to help you identify the unit(s) in question.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile.

Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of TSI Incorporated's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by TSI Incorporated about our Solution users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us, including, but not limited to, the BlueSky™ Web Solution Terms of Use, TSI Incorporated Terms and Conditions of Sale and for billing and collection.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of TSI Incorporated, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse some or all cookies or block the use of other tracking technologies, some parts of the Solution may then be inaccessible or not function properly.
  • Location Information. You can choose whether or not to allow the Solution to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the Solution may then be inaccessible or not function properly.
  • Promotion by the Company. If you do not want us to use your email address to promote our own or third parties' products or services, you can opt-out by logging into the Solution and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to webmaster@tsi.com.
  • Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our target-audience preferences, you can opt-out by sending us an email stating your request to webmaster@tsi.com. You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes.


We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Canada & Europe residents
TSI requires all users to comply with the following legal requirements established for commercial email service providers: CAN SPAM Act of 2003, the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’) and laws in force of the user’s country of residence.

TSI also adheres to the General Data Protection Regulation 2016, which replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of natural persons (i.e. living individuals) and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent. For data and information collected in Europe, TSI’s General Data Privacy and Protection Policy may be found at https://tsi.com/support/data-privacy-protection-policy/

Spam, also known as junk mail, is an unsolicited commercial email messages, especially bulk email message. Unsolicited means that the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content. The term ‘spamming’ refers to transmitting, distributing or delivering any unwanted commercial e-mail correspondence, especially in mass quantities, thru the electronic means of communication.

Should a user obtain data or information about another user, the user is prohibited from sending messages to any person that has not expressed their consent to receive such information from said user directly. We would like to note that a user’s consent may not be presumed or inferred from any statements or other content. In addition, users may withdraw their consent at any time.

TSI recommends “confirmed opt-in” to all users. This efficiently prevents spam complaints and makes the list much more responsive, as subscribers are receiving information they expect. The confirmation email may be customized, so that recipients can easily recognize to which list they subscribe.

Accessing and Correcting Your Personal Information
You can review and change your personal information by logging into the Solution and visiting your account profile page.

You may also send us an email at webmaster@tsi.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Other users of the Solution will not have access to your information

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://www.caprivacy.org/

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Solution that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to webmaster@tsi.com or write us at: TSI Incorporated, 500 Cardigan Road, Shoreview, MN 55126.

[Data Security]
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you or where you have chosen a password for access to certain parts of our Solution, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Solution. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy
We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy with a notice that the privacy policy has been updated and notify you by email to the primary email address specified in your account or an in-Solution alert the first time you use the Solution after we make the change.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information
To ask questions or comment about this Web Solution Privacy Policy and our privacy practices, contact us at:
TSI Incorporated
500 Cardigan Road
Shoreview, MN 55126
To register a complaint or concern, please contact webmaster@tsi.com

 

 

TSI LINK TERMS OF USE

Last Updated: April 9, 2021


Our websites, https://www.tsi.com and https://tsilink.com are provided by TSI Incorporated (“TSI,” “we,” or “us”). These terms of use ("Terms") constitute a legal contract between you and TSI and govern all aspects of your use of TSI’s websites (hereinafter “Website”). Please read these Terms carefully. By downloading or using any of the information, materials, or functions available on the Website, you agree to be bound by these Terms.

YOUR INFORMATION AND DISCLOSURE TO THIRD PARTIES
TSI has made a commitment to protecting the privacy of those who our Website. Please review the Website’s Privacy Policy. The Website’s Privacy Policy is incorporated by reference in the Terms. By using the Website, you are consenting to the Privacy Policy.

SITE SERVICES
When you use the Website and TSI SaaS solutions, you consent to receive communications from us electronically via the Website. You agree to provide accurate, current, and complete information about yourself when you use the Website and to update such information while you continue to use the Website.

YOUR LICENSE
Subject to these Terms, TSI grants you a personal, non-exclusive, non-transferable, limited and revocable license to access the Website and TSI SaaS for your personal use (“Your License”). TSI reserves the right to revoke Your License to use the Website at any time, including if we detect any unauthorized use by you in violation of these Terms.

DATA OWNERSHIP
The parties agree that notwithstanding anything in this Agreement, and subject to the application of the TSI Privacy Policy, the parties jointly own all data, pertaining to your use and access of the Website. Specifically, raw data relating to BlueSky, including the data generated therefrom shall be jointly owned by the parties and each party may enjoy all rights and privileges accorded ownership of such joint property without accounting to the other. With respect to aggregated information, TSI may prepare and maintain information collected from your use of the Website that is aggregated or otherwise altered so that it does not directly identify you and cannot reasonably be linked to you. TSI may use and share such information for our business purposes.

INTELLECTUAL PROPERTY
The Website, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Website (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by TSI or third parties; all rights, title, and interest will remain the property of TSI and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws. You are authorized to view and retain a copy of pages of the Website only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Website for the purpose of transacting business with TSI. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Website, or any portion of the Website, for any public or commercial use, without the express written consent of TSI. Additionally, you agree that you (i) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Website (or printed pages produced from the Website), and (ii) will not make any other modifications to any documents obtained from the Website other than in connection with completing information required to transact business with TSI.

USE OF INFORMATION AND MATERIALS
The information and materials contained on the Website, these Terms of Use, policies, and any descriptions on the Website, are subject to change. You accept sole responsibility for all of your activities using the Website. Your use of the Website is limited to the intended function of the Website. Unauthorized use of the Website and systems, including but not limited to unauthorized entry into TSI's systems or misuse of any information posted on the Website, is strictly prohibited. You may You may not use the Website in a manner that:

  • (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);
  • (b) is unlawful, fraudulent, or deceptive;
  • (c) uses technology or other means to access content or systems of TSI in a manner that is not authorized by TSI;
  • (d) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access content or systems of TSI;
  • (e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • (f) attempts to gain unauthorized access to TSI's computer network or user accounts;
  • (g) encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  • (h) violates the Terms or any other TSI policies;
  • (i) attempts to damage, disable, overburden, or impair TSI servers or networks;
  • (j) fails to comply with applicable third-party terms; or
  • (k) constitutes any other inappropriate conduct, as determined by us in our sole discretion.

Subject to the terms of this Agreement, TSI shall use commercially reasonable efforts to provide you with the services. Effective June 14, 2021, the services outlined in the attached Appendix A will be available on a free or paid subscription basis based on your selection of services and payment. You will select a subscription plan at the time of registration detailing the services to be provided by TSI, along with any applicable fees and payment terms (the "Subscription Plan"). You may upgrade your selection at any time. Prior to June 14, 2021, the Paid Tier services may be available on a trial basis as determined by TSI. TSI may periodically offer thirty (30) day free trials of some or all paid tier features at TSI’s sole discretion. If TSI offers client software (e.g., a desktop or mobile application) for any service, you may use such software solely with the service, subject to the terms and conditions of this Agreement. You acknowledge that our services are on-line, subscription-based products and that we may make changes to the services from time to time. Payment, pricing terms and the Tier level for the services are set forth on TSI’s TIER information page available and in Appendix A attached hereto, which are incorporated by reference into these Terms of Use.

SUBSCRIPTION

Your subscription will start upon your activation or thirty (30) days following receipt of shipment of your product, whichever is earlier.

CANCELLATION
You may cancel your subscription at any time, when you cancel a subscription, cancel only future charges associated with your subscription. Cancellations are effective at the end of the current billing period, and as such, TSI does not offer prorated refunds for cancelled subscriptions. All subscriptions are recurring and will automatically renew after the end of each paid subscription period. You will not receive a refund for the current billing cycle as you will continue to have the same access and benefits of your subscription for the remainder of the current billing period.

SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS
At times you may experience difficulty accessing the Website, communicating with TSI through the Internet, or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider's, or TSI's, can experience unanticipated outages or slowdowns or have capacity limitations. TSI is not responsible for failure or delay of performance caused by such problems.

SECURITY
TSI makes no warranty whatsoever to you, express or implied, regarding the security of the Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Website. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. TSI is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Website by webmaster@tsi.com.To protect the security of your information, TSI may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Website.

SEVERABILITY/NO WAIVER
If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. TSI's failure to enforce the strict performance of any provision of the Terms or the additional terms and conditions for any product or service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms or the additional terms and conditions.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS SITE, OR FROM YOUR USE OF, OR INABILITY TO USE THIS THIS SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

DISCLAIMERS
THE WEBSITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TSI MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. TSI UNDERTAKES NO OBLIGATION TO UPDATE THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TSI, OR THROUGH THE SITE SHALL CREATE ANY WARRANTY REGARDING THE WEBSITE NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE WEBSITE AND ITS CONTENT AND DATA MAY BE PROVIDED BY TSI FROM TIME TO TIME WITHIN THE WEBSITE.

INDEMNIFICATION
You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to the Website or violation (or alleged violation) of these Terms. Under no circumstance will TSI be liable for damages of any kind that result from your use of, or the inability to use, the Website.

CHANGES
You are responsible for reviewing these Terms regularly. TSI reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Website, the Terms, or any TSI policies related to use of the Website. Revisions to the Terms or TSI's policies may be provided through the Website, including by posting the revisions on the Website. Continued use of the Website following such modifications to the Website, the Terms, additional terms and conditions for any service, or other TSI policies will constitute your acceptance of such modifications and revisions.

THIRD PARTY MARKS
Google Maps™, Auth0®
Use of the aforementioned marks is without sponsorship nor endorsement of said parties.

COPYRIGHT
The entire content included in this Website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TSI Incorporated. The collective work includes works that are licensed to TSI Incorporated, Copyright 2019, TSI Incorporated ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with us or purchasing our products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with us or to purchase our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by us. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.

CONTACT US
If you have any questions regarding the Website, these should be directed to webmaster@tsi.com .