Privacy Policy for Pref-Tech Security Forum


The event organizer, Pref-Tech Security Forum, has the legal responsibility to tell ticket buyers and event attendees how their personal information will be collected and used. You can find their Privacy Policy below or contact them to request it.

Attendee Data License Agreement


This Attendee Data License Agreement (this “Agreement”) is dated [date], 2024 (the “Effective Date”), by and between Preferred Technologies, LLC, a Texas Limited Liability Company (LLC) d/b/a PREF-TECH (“PREF-TECH”) and [Vendor name], a [state] [entity type] (the “Vendor”) (PREF-TECH and the Vendor are a “Party” and collectively the “Parties” to this Agreement).

Recitals

  1. PREF-TECH offers an attendee option at TECHDAYS events to security and audio-visual systems professionals (each, a “Attendee”).
  2. PREF-TECH has collected certain Attendee Data (hereinafter defined) from each Attendee in order to provide such Attendees with security and audio-visual products and solutions (“Products”) through agreements with industry leading product and solution providers;
  3. Vendor is one of PREF-TECH’s industry leading Product providers that provides Products to Attendees.
  4. As part of Vendor’s agreement, Vendor desires to license Attendee Data for the Permitted Use (hereinafter defined), consistent with this Agreement.

Agreement

Accordingly, the Parties agree as follows:

  1. Definitions.
    1. “Affiliate” means an entity that directly or indirectly controls, is controlled by or is under common control with an entity.
    2. “California Consumer Privacy Act of 2018” or “CCPA” means Assembly Bill 375 of the California House of Representatives, an act to add Title 1.81.5 (commencing with Section 1798.100) to Part 4 of Division 3 of the Civil Code, relating to privacy and approved by the California Governor on June 28, 2018;
    3. “Data Protection Laws” means the data protection laws that are applicable to the use and possession of Attendee Data, which may include, the CCPA and GDPR.
    4. “General Data Protection Regulation” or “GDPR” means Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
    5. “Attendee Data” means Attendee information that may from time to time be provided by PREF-TECH to Vendor that identifies personal information of the Attendee Group, including but not limited to personal names, business names, email address, business addresses, mailing addresses, phone numbers, and approximate geographic location.
    6. “Attendee Group” means the Attendee, its directors, Attendees, officers, employees, agents, or independent contractors.
    7. “Permitted Use” means use of Attendee Data solely for Vendor’s. including its Affiliates, email and direct mail marketing purposes.
  2. License.
    1. License Grant. Subject to this Agreement, PREF-TECH hereby grants to Vendor a non-exclusive, non-transferrable, non-sublicenseable, limited right and license to use the Attendee Data during the Term (hereinafter defined) and for the Permitted Use.
    2. Delivery of Attendee Data. From time to time during the Term, PREF-TECH shall deliver the Attendee Data to Vendor by means of the internet or other mutually acceptable electronic means.
  3. Vendor Obligations.
    1. Vendor Obligations. Vendor shall, and shall require its Affiliates to:
      • Take commercially reasonable precautions to protect the Attendee Data from loss, misuse and unauthorized access, disclosure, alteration and destruction;
      • Comply with all applicable Data Protection Laws with regard to maintenance, possession, use, and accidental disclosure of Attendee Data;
      • Timely notify PREF-TECH of any use or disclosure of the Attendee Data inconsistent with applicable Data Protection Laws, this Agreement, or any other agreements between the parties with respect to such Attendee Data;
      • Cooperate with requests made by PREF-TECH with regard to the Attendee Data, including, request made with regard to compliance with applicable Data Protection Laws, including requests to delete specific Attendee Data;
      • Timely respond to inquiries from Attendees with regarding such Attendee’s Attendee Data, and notify PREF-TECH of any requests by an Attendee regarding its Attendee Data,
      • Provide Attendees an option to opt-out of receiving marketing information from the Vendor, or its Affiliates, in accordance with applicable laws,
      • Provide PREF-TECH, during the Term, with reasonable access, at mutually agreeable times and locations, during normal business hours, to its internal practices, books, databases, and other records relating in any way to the Attendee Data or the Vendor’s obligations hereunder, provided that, at the time of any such inspection, PREF-TECH is subject to a confidentiality or non-disclosure agreement with Vendor that imposes confidentiality obligations on PREF-TECH substantially equivalent to those set forth in this Agreement with respect to Vendor’s confidential and proprietary data and materials.
    2. Vendor Restrictions. Vendor shall not and shall not permit any Affiliate or third party to:
      • use the Attendee Data for any purpose, use, or application other than the Permitted Use;
      • resell, rent, use for service bureau, license, distribute, redistribute, transmit, forward, or otherwise deliver the Attendee Data to any third party;
      • offer any third person the opportunity, or otherwise enable any third person, to obtain paid or unpaid access to the Attendee Data;
      • alter, destroy, or remove any portion of the Attendee Data;
      • merge the Attendee Data with other data or software or use the Attendee Data to develop any application or program;
      • directly or indirectly encumber the Attendee Data; or
      • otherwise exercise any rights in or to the Attendee Data.
    3. Compliance with Laws. The Parties acknowledge that the Vendor may be obligated to disclose the Attendee Data as required by law to comply with a court order, government investigation, or other duly constituted legal process, provided that, unless legally prohibited from doing so, the Vendor agrees to notify PREF-TECH of the request for disclosure within two business days of receiving the request and, in any event, sufficiently in advance of the requested disclosure to enable PREF-TECH to contest or intervene in the relevant process.
  4. Representations and Warranties
    1. Vendor Representations and Warranties. Vendor hereby represents and warrants that it, and its Affiliates:
      • are able to satisfy the legal obligations hereunder;
      • have appropriate technical and organizational measures in place to protect Attendee Data against accidental or unlawful disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and nature of the Attendee Data to be protected; and
      • have the legal power to enter into and perform under this Agreement;
      • have obtained and will maintain any and all consents, approvals, licenses or other authorizations necessary for the performance of its obligations hereunder.
    2. PREF-TECH Representations and Warranties. PREF-TECH represents and warrants that it
      • has the legal power to enter into and perform under this Agreement; and
      • has obtained and will maintain any and all consents, approvals, licenses or other authorizations necessary for the performance of its obligations hereunder.
    3. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES MADE IN THIS SECTION 4, THE ATTENDEE DATA IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. PREF-TECH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE ATTENDEE DATA, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PREF-TECH DOES NOT WARRANT THAT THE ATTENDEE DATA WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR PRODUCE PARTICULAR RESULTS. VENDOR ASSUMES ALL RISK OF DAMAGE OR LOSS RESULTING FROM THE USE OF THE ATTENDEE DATA.
    4. Ownership of Attendee Data. All rights in and to the Attendee Data that is not expressly granted to Vendor in this Agreement are reserved to PREF-TECH and its licensors. Vendor will not claim any ownership interest in the Attendee Data. Any derivative works of the Attendee Data created by Vendor will be considered Attendee Data owned by PREF-TECH.
  5. Term and Termination.
    1. Term.
      • Initial Term. The term of this Agreement will begin on the Effective Date and will continue for one year thereafter (the “Initial Term”).
      • Automatic Renewal. Upon the conclusion of the Initial Term or any Renewal Term (each, a “Term”), this Agreement will automatically renew for one year (a “Renewal Term”) unless renewal is canceled under Section 5.02(a).
    2. Termination.
      • Termination at End of Term / Cancellation of Renewal. Either Party may terminate this Agreement by giving written notice to the other Party at least 60 days before the end of the then-current Term. If such notice is given timely, the Term will not renew and the Agreement will terminate at the end of the then-current Term.
      • Termination for Breach. A Party may terminate this Agreement if the other Party commits a material breach of this Agreement by giving the breaching Party written notice of termination for breach. The notice shall identify the breach and whether it is curable. If the breach is curable and is not cured within five business days receipt of the notice, this Agreement will automatically terminate. If the breach is not curable, this Agreement will terminate upon receipt of the notice. The Parties’ rights to terminate for breach is in addition to any other right available under law or equity, whether arising out of the breach or otherwise.
    3. Effect of Termination. Upon termination of this Agreement for any reason: (a) the license granted in Section 2 shall immediately terminate and Vendor shall immediately cease all use of the Attendee Data; and (b) Vendor shall promptly delete all Attendee Data in Vendor’s possession and certify to PREF-TECH in writing that the Attendee Data has been deleted.
    4. Survival. The provisions of this Agreement that require continued performance, compliance, or effect beyond the termination of this Agreement shall survive termination and shall be enforceable in the event of a failure to perform or comply.
  6. Confidentiality.
    1. Definition of Confidential Information.
      • “Confidential Information” means all information that PREF-TECH discloses to Vendor that falls within one or more of the following categories: (i) any information identified as confidential by PREF-TECH; (ii) any information that falls within the definition of a “trade secret” as defined in C.R.S. § 7-74-102(4), as amended; (iii) any information, including a formula, pattern, compilation, program, device, method technique, or process that (1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainably by proper means by, other persons who can obtain economic value from its disclosure or use and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; (iv) any information which Vendor knows or reasonably should know that PREF-TECH is required to keep confidential under a binding obligation with a third party; and (v) all information provided to Vendor which Vendor knows or reasonably should know could be detrimental to the interests of PREF-TECH if disclosed or used without authorization, whether or not such information is identified as confidential. Attendee Data is Confidential Information, notwithstanding the fact that much of the underlying data was compiled from public sources.
      • Information that falls into any one or more of the following categories will not constitute Confidential Information: (i) information that is or becomes part of the public domain through no fault of Vendor; (ii) information that Vendor can show was known by Vendor prior to receipt from PREF-TECH; (iii) information that Vendor can show was independently developed by or for Vendor without relying on any Confidential Information; (iv) information that Vendor can show was rightfully received from a third party who is not under any obligation to maintain the confidentiality of such information, under circumstances not involving a violation of the rights of PREF-TECH.
    2. Protection of Confidential Information. During the Term and for as long as Vendor retains any copies, excerpts, or derivatives of the Attendee Data, Vendor will not, directly or indirectly, (a) disclose, transfer, or otherwise communicate to any third party any Confidential Information or (b) use Confidential Information for any purpose other than to exercise Vendor’s rights and perform Vendor’s obligations hereunder.
    3. Disclosure by Court Order or Law. Vendor will not be in breach of the obligations hereunder to the extent that it provides Confidential Information under a court order or discloses Confidential Information as required by law. Before Vendor discloses Confidential Information under this Section 6.02(a), Vendor shall promptly notify PREF-TECH in writing of the court order or legal requirement, must give PREF-TECH a reasonable opportunity to contest or limit the required disclosure, and must provide reasonable assistance at PREF-TECH’ expense, except to the extent it is illegal to do any of the foregoing.
  7. Limitation of Liability. In no event will either Party be liable to the other for any indirect, incidental, special, exemplary, or consequential damages arising out of this Agreement, regardless of whether the Party in question has been advised as to the possibility of such damages; provided, however, that this Section 7 shall not apply to Vendor’s breach of Section 3 (Vendor Obligations), Section 6 (Confidentiality), or to the Parties’ indemnification obligations under Section 8.
  8. Indemnification. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and its directors, officers, employees, and agents (the “Indemnified Parties”) from and against all losses, damages, fees, and costs, including without limitation attorneys’ fees, resulting from any claims, demands, actions, suits, or other proceedings brought by a third party arising, directly or indirectly, from or in connection with the Indemnifying Party’s breach of this Agreement or the Indemnifying Party’s gross negligence or willful misconduct.
  9. Injunctive Relief. The breach or threatened breach of this Agreement would be highly prejudicial to the interests of PREF-TECH and would materially damage PREF-TECH. Therefore, in addition to any other remedy that may be available, PREF-TECH is entitled to obtain injunctive relief (including specific performance) restraining such breach or threatened breach without posting a bond.
  10. General Provisions.
    1. Changes in Law. If there are changes or updates to Data Protection Laws or best practices involving the storage, transmission, transcription, or use of Attendee Data, then the Parties shall comply with the changed or updated law or best practices; provided, however, that if the changed or updated law or best practices would have a material adverse effect on (a) the legitimate expectations of a Party, (b) the reasonable performance of a Party’s obligations hereunder, or (c) the purposes of this Agreement, then the impacted Parties will negotiate in good faith to address the situation in a manner that is acceptable to all Parties.
    2. Further Assurances. Each Party shall execute all further documents and take all further acts reasonably necessary or appropriate to carry out this Agreement.
    3. Entire Agreement. This Agreement is the complete and exclusive statement of all agreements between the Parties, and this Agreement supersedes all prior proposals and understandings, oral and written, relating to the subject matter hereof.
    4. Assignment. Vendor may not assign this Agreement nor delegate any obligation, in whole or in part, to any third party without PREF-TECH’ prior written consent; provided, however, that Vendor may assign this Agreement and all of its rights and obligations hereunder, without the prior written consent of PREF-TECH, in connection with the sale, transfer, or other disposition by Vendor of all or substantially all of its assets or a controlling interest in Vendor to a third party that is not a competitor of PREF-TECH. Vendor shall notify PREF-TECH at least 14 days before any permitted assignment. Any assignment or attempted assignment of this Agreement not permitted by this Section 10.04 shall be void.
    5. Governing Law and Forum. This Agreement shall be governed by, and construed in accordance with, the internal laws of the State of Colorado, without reference to conflict of laws principals. Any civil action relating to this Agreement shall be conducted in a state court located in Denver, Colorado, and all Parties waive any objections to such venue and submit to the jurisdiction of such court; provided, however, that PREF-TECH may seek injunctive relief in any court of competent jurisdiction. Vendor waives any right it may have to a jury trial in any action or proceeding arising out of or relating to this Agreement.
    6. Severability. If any provision of this Agreement is held invalid or unenforceable, the Parties intend that the provision be enforceable to the maximum extent permitted and therefore request that the court reform the invalid or unenforceable provision to render it enforceable to the maximum extent permitted; if the court refuses to modify or reform the provision, then the provision shall be severed from this Agreement with no effect upon the remaining provisions.
    7. Waiver. No covenant or term of this Agreement shall be deemed to be waived by any Party except in a writing signed by a person authorized by such Party, and any waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver.
    8. Amendments. Any amendment or addition to this Agreement will be effective only if in writing and signed by both Parties.
    9. Counterparts. This Agreement may be executed and delivered in counterparts (including by means of electronic signatures), all of which taken together will constitute one and the same agreement.



The Parties are executing this Agreement to signify their acceptance of all the provisions herein, to be effective on the Effective Date regardless of the date of actual signature.

Preferred Technologies, a Texas Limited Liability Company (LLC) d/b/a PREF-TECH