Privacy Agreement for
i-Safe™ INTELLIGENT SAFETY SYSTEM

Privacy Policy

IMPORTANT! YOUR ACCESS TO THE INFORMATION ON THE SITE AND YOUR CONTRIBUTION OF INFORMATION TO THE SITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE PRECEDING TERMS AND CONDITIONS BEFORE PROCEEDING WITH THE PRIVACY AGREEMENT.  YOU MUST BE OVER THE AGE OF 18 YEARS OLD TO ACCESS OR USE THIS SITE.

These legal terms and disclaimers (the "Privacy Agreement") constitute an agreement between you, the portal visitor ("You") and D.B.Industries, Inc. (DBI) regarding: (i) Your access and use of the web portal (the Site), (ii) Your subscription to the Portal, (iii) all other activities and transactions conducted through the web portal. The effective date of the Privacy Agreement is when You accept or are deemed to accept the Privacy Agreement by accessing and/or using the Site.  By accepting this agreement, you are certifying that you are over the age of 18 years old.

Application of the Privacy Agreement

The Privacy Agreement applies to the complete Site unless otherwise specified on the Site.

Exceptions

Any exceptions to the Privacy Agreement required by DBI and permitted by law shall be identified at the time that the personal information to which such exception applies is being collected, used and/or disclosed.

Personal information may be collected

DBI may collect personal information about You or your employees through the Site. Personal information includes, but is not limited to, Your given name and surname, Your address, Your e-mail address, Your telephone number and any other information about you that may be required to fulfill legitimate requests and objectives of the Site.

Purpose of collecting personal information

The purpose for collecting personal information is to create a record for the user of equipment assigned to the user and to recommend new products and services to the user. Your consent to use the information for these purposes has been given when you accepted the Terms and Conditions for use.  However, personal information collected will not be made available to the general public without your further consent.

Registration

Access to certain information and/or services on the Site requires completion of the initiation process wherein you obtain your User Name, Key Number and Password. The User Name cannot be changed once it has been created. During initiation You are required to provide contact information for the purpose of receiving notifications regarding the Privacy Agreement and other Site services, agreements and policies. Registered users cannot unsubscribe to notices relating to the Privacy Agreement or from other notices relating to important information about the Site. All information, including Your personal information, retained during registration will be maintained in a profile ("User Profile").

Where no consent obtained

Refusal to consent to disclose personal information when it has been requested may limit Your ability to access and enjoy certain Portal information, pages, products and services.

Method of collecting information

Information shall be collected using only legal and lawful means.

Retention and use of personal Information once collected

Use of personal information shall be limited to that which is necessary for the purposes identified by the Site or as permitted or required by law. You will maintain ownership of all personal information provided to the Site. By providing personal information, you thereby grant to DBI a license to use the personal information in accordance with the terms of the Privacy Agreement. Use of Your personal information shall be limited to that which is necessary for the purposes identified on the Site or as permitted or required by law. Your personal information collected in accordance with the provisions of the Privacy Agreement shall be retained only for the period of time required to fulfill the purposes for which it was collected or for the period of time that is required by law, which ever is the longer period.

Protection of personal information once collected

You hereby acknowledge that no web site or Internet connection is completely secure. DBI will protect personal information by taking reasonable steps to ensure a secure connection. Email over the Internet is not secured. Email privacy cannot and will not be assured or guaranteed. Email and its contents are sent at to your own risk. DBI will not guarantee or assure privacy of any email use and, accordingly, cannot assume any responsibility for harm or damages that occur or that are experienced through the use of email by yourself or by DBI when replying to your email. Personal information shall be protected by safeguards that are required by law and that are in accordance with generally accepted industry practice.

Responsibilities regarding personal information

Personal information provided in Your User Profile and for the purposes identified by the Site is password-protected. You are prohibited from sharing your password with anyone except as agreed to under this Privacy Agreement. You are solely responsible for any inappropriate, immoral or illegal conduct or any other conduct which does not comply with the terms of the Privacy Agreement and which is traceable to your User Profile. Site administrators will not require You to divulge or disclose the password in written or electronic communications. You may grant Site administrators access to your User Profile by disclosing your password to them directly when You require assistance to correct a service problem.

Site administrators may only screen user communication, or content distributed to the Site for the purposes identified on the Site. This includes but is not limited to assessing inspection records and requirements, mining data for scrapping data and mining data for the purpose of identifying old or unusable equipment. You hereby acknowledge that owners of hardware, software and the administrators of the Site are not responsible for violations of the law or misconduct of other users. You hereby acknowledge your responsibility to and undertake to screen and report illegal, immoral, unethical or otherwise inappropriate conduct in accordance with the procedures set out in the Privacy Agreement.

Accessing or changing information being provided

You are solely responsible for the accuracy of the information you provide. You may access, update or correct Your User Profile, inventory, site and personnel records at any time through the Site. Files and appropriate parts thereof will be disclosed upon request to the administrators only where permitted by law. DBI reserves the right to perform audits, including by employing reasonable investigative means, of the Site information as required to ascertain its accuracy, size and scope.

Annual review of and notice of change to Privacy Agreement

DBI shall review the Privacy Agreement annually to ensure that the collection, storage, use, disclosure and disposal of personal information are carried out in the manner required by law. DBI reserves the right to change the Privacy Agreement at any time. You will be notified of the changes to the Privacy Agreement on the Site and You will be required to review and accept the new Privacy Agreement in order to be granted continued access to and use of the Site. The effective date of the new Privacy Agreement is when You accept or are deemed to accept the new Privacy Agreement by accessing or using the Site after such amendments have been posted.

Inquiries made to Portal staff and administrators

Inquiries regarding the collection, retention and use of personal information in accordance with the Privacy Agreement must be directed to

Jrodriguez@capitalsafety.com.

Reporting to Portal staff and administrators

Reports regarding illegal, immoral, unethical or otherwise inappropriate conduct required by the Privacy Agreement must be made to

Jfuke@capitalsafety.com

Challenging compliance with the Privacy Agreement

The Privacy Agreement shall be governed by the laws of the State of Minnesota and the federal laws of the United States of America applicable therein. Further, You irrevocably and unconditionally submit to the jurisdiction of the courts of the State of Minnesota located in the City of Minneapolis to hear appeals therefrom.

DBI shall have the right to assign the Privacy Agreement. You shall not assign the Privacy Agreement or any rights or obligations hereunder, in whole or in part, except with the prior written consent of the DBI.

Any provision of the Privacy Agreement which is held to be invalid, illegal or unenforceable by a court of competent jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of the Privacy Agreement, all without affecting the remaining provisions of the Agreement or affecting the validity, legality or enforceability of such provision in any other jurisdiction.

YOU AGREE WITH ALL THE TERMS OF THE PRIVACY AGREEMENT AND INTEND TO BE LEGALLY BOUND BY THEM BY ACCESSING AND USING THE SITE. BY AGREEING YOU ALSO CERTIFY THAT YOU ARE OVER THE AGE OF 18 YEARS OF AGE.  IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY AGREEMENT, PLEASE EXIT THE PORTAL NOW.

© Copyright 2006, D.B. Industries, Inc. All rights reserved.

Date of last modification
June 11, 2007