LEGAL

Compliance & Security


Privacy Policy


Acceptable Use Policy

Questions, concerns or comments regarding our legal policies, please email us at accounting@dynascale.com or you can send correspondence to the following corporate address: Legal Department Dynascale Inc.  |  2640 Main Street   |   Irvine, CA 92614

Compliance & Security

Dynascale is serious about security and compliance, and all of Dynascale’s data facilities are SOC 2 Type II audited and HIPAA compliant. When manning sensitive data, this is essential.

HIPAA Compliance
As more and more companies with sensitive data use Dynascale’s services to store, process, and transmit protected health information, HIPAA compliance helps ensure that the data is safe, secure, and managed according to best practices.

Dynascale ensures that you are able to manage HIPAA protected data in compliance with the U.S. Health Insurance Portability and Accountability Act (HIPAA). You can feel confident about Dynascale’s environment, and our ability to process, maintain, and store protected health information within the guidelines of HIPAA and HITECH.

SOC 2 Type II Auditing
Dynascale is proud to offer a full suite of externally audited services, and we are committed to SOC 2 Type II auditing and reporting to ensure confidence, credibility, and sustainability.

The Dynascale SOC 2 Type II report is the result of ongoing, confidential, independent auditing related to policies and procedures used in operation by Dynascale. The process of auditing tests the operating effectiveness at Dynascale over a defined period of time, and enables auditors, partners, customers, and regulators to bring confidentiality and security measures in line with current security concerns worldwide.

SOC 2 Type II reports include the examination and confirmation steps involved in a type I examination plus include an evaluation of the operating effectiveness of the controls for a period of at least six consecutive calendar months. SOC Type II provides a greater level of assurance because it shows controls over time. Dynascale knows that security is absolutely critical, and this process makes our environment and services as secure as possible.

Privacy Policy

Updated September 15, 2022

This page sets forth the privacy policies and practices of Dynascale Inc.’s corporate site, www.dynascale.com (“Dynascale”).

 Please read this privacy policy carefully, since by visiting this site and sharing information with Dynascale, you agree to be bound by the terms and conditions of this Privacy Policy, unless you offer different terms which are accepted by Dynascale in writing. To the extent there is a conflict between the terms of this Privacy Policy and a written agreement to which Dynascale is party, the terms of such agreement shall prevail with respect to the parties to that agreement. 

For more information about Dynascale, please visit www.dynascale.com



STATEMENT OF RESPONSIBILITY 
Dynascale’s information usage practices are based on two beliefs: first, that protecting user privacy is essential to the growth and prosperity of the Internet; second, that a personalized web experience can provide significant benefits to Internet end users if done properly. In accordance with these beliefs, Dynascale creates results for advertisers and publishers in revolutionary ways without compromising individual privacy. 

If you have questions or concerns regarding this statement, email us at accounting@dynascale.com.

1. INFORMATION WE COLLECT 

Dynascale is the corporate entity which manages the Dynascale technology and IaaS companies and divisions. The dynascale.com website is not directed towards individual Internet consumers, nor does it seek any personally identifiable information (“PII”) from such consumers. PII may be collected should a consumer contact Dynascale, on his/her own accord and volunteer PII. The information collection practices of the various Dynascale companies and divisions are detailed on their individual websites. 

Like most standard website servers, we use log files to collect Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, and date/time stamp. We use this information to analyze site usage, administer the site, understand usage and navigation trends in aggregate, and determine the relevance of content. Information may be collected via:
   • Automated means such as communication protocols and cookies
   • Online registration and online signup forms
   • Sales inquiries and transactions
   • Online Customer communications
   • Offline communications and interactions
   • Third party sources of information

1. 
INFORMATION MANAGEMENT

 Dynascale may share information with its affiliated entities for or in connection with the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation of any of the Dynascale companies. Dynascale also may release information when we believe release is appropriate to respond to a subpoena or otherwise comply with the law; enforce or apply our agreements; or protect the rights, property, or safety of Dynascale or others. This includes exchanging information with other companies and organizations for fraud protection.

1. CONSUMER CHOICE AND ACCESS
 The Dynascale website is not directed towards individual Internet and only collects PII incidentally. Individuals wishing to exercise their statutory rights with respect to PII which is incidentally collected on the Dynascale website may do so by writing an email request to accounting@dynascale.com.

1. SECURITY

 Dynascale employs industry standard security measures to ensure the security of all data. Any data that is stored on Dynascale’s servers is treated as proprietary and confidential and is not available to the public. Dynascale has an internal security policy with respect to the confidentiality of customer and other data, allowing access only to those employees or third parties who have a need to know such information for the purpose of effectively delivering Dynascale products and services, such access being controlled by means of user login and password requirements. Dynascale routinely evaluates its data security practices to identify security threats or opportunities for improvement.
 
No transmission of data over the Internet, however, is guaranteed to be completely secure. It may be possible for third parties not under the control of Dynascale to intercept or access transmissions or private communications unlawfully. While we strive to protect your information, Dynascale cannot ensure or warrant the security of any information you transmit to us. You acknowledge and assume this risk when communicating with us.

1. CONSENT AND CHANGES
 
Dynascale may find it necessary or be legally obligated to update this Privacy Policy from time to time. When we do, we will post those changes on this page and update the effective date so that you are always aware of the information we collect, how we use it, and under what circumstances we disclose it. Except as otherwise required by law, modifications to this Privacy Policy will not affect the privacy of data collected by Dynascale prior to the effective date of the policy change, unless we provide you direct notice and the opportunity to opt-out.

1. CHILDREN’S PRIVACY AND SPAM

 Dynascale is very sensitive to the issue of children’s privacy and makes every effort to protect the privacy of children using the Internet. Dynascale’s web site, products, and services are not developed for or directed at children. Children (persons under the age of 18) are not eligible to do business with us and we do not collect personal information from any person we actually know is under the age of 18. Regarding spam, Dynascale is committed to proper Internet practices and full compliance with the CAN-SPAM Act of 2003 (15 U.S.C. § 7701). It is our policy to prohibit the sending of unsolicited or “Spam” e-mail by Dynascale or any of its marketing partners.

1. DATA PROCESSING 

By providing information to Dynascale, you acknowledge that Dynascale operates in the United States and agree to (i) permit Dynascale to transmit and use your User information anywhere necessary, including across international boundaries, to effect and provide the services and transactions provided by this Site; and (ii) that such use by Dynascale, shall be subject to the terms and conditions stated in this Privacy Policy as well as any other applicable Terms and Conditions or Policies.

1. LIMITATION OF LIABILITY, THIRD PARTY INFORMATION & LANGUAGE

 YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER THE PRIVACY OF DYNASCALE DATA OR DYNASCALE’S PRACTICES IS SUBJECT TO THE PROVISIONS OF THIS PRIVACY POLICY AND ANY APPLICABLE TERMS AND CONDITIONS (WHICH MAY INCLUDE LIMITATIONS ON DAMAGES AND MANDATORY ARBITRATION OF DISPUTES). YOU AGREE THAT DYNASCALE’S LIABILITY FOR ANY BREACH OF THIS PRIVACY POLICY SHALL, TO THE EXTENT SUCH CLAIM IS NOT OTHERWISE BARRED BY OUR TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, BE LIMITED TO THE GREATER OF THE VALUE OF THE TRANSACTIONS OR SERVICES PROVIDED TO YOU BY DYNASCALE, OR $250. YOU FURTHER AGREE THAT THIS AGREEMENT IS GOVERNED BY TENNESSEE LAW WITHOUT REGARD TO CHOICE-OF-LAW PRINCIPLES AND THAT ANY ACTION ARISING FROM OR RELATED TO THIS POLICY WILL BE EXCLUSIVELY VENUED IN A STATE OR FEDERAL COURT SITUATED IN DAVIDSON COUNTY, TENNESSEE.

 You also agree that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to Dynascale with regard to: (a) the purposes for which such third party’s personal data has been collected; (b) the intended recipients or categories of recipients of the third party’s personal data; (c) which of the third party’s data are obligatory and which data, if any, are voluntary; and (d) how the third party can access and, if necessary, rectify the data held about them. Finally, it is the express will of the parties that this policy and all related documents comprising the agreement between the parties have been drawn up in English

Acceptable Use Policy

Updated on 9/15/2022

This Acceptable Use Policy (“AUP”) is incorporated by reference in your Service Agreement with Dynascale Inc.(“Dynascale”), and your service may be suspended or terminated for violation of this AUP in accordance with the Service Agreement.

1. Abuse – You may not use Dynascale’s network to engage in, foster, or promote illegal conduct, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
• monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
• Interference with service to any user of the Dynascale or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner’s authorization;
• Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
• Collecting or using information without the consent of the owner of the information;
• Use of any false, misleading, or deceptive TCP-IP packet header information in an e-mail or a newsgroup posting;
• Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
• Use of the service for distribution of advertisement delivery software unless:
 (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and 
(ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “add/remove” tool); or
• Any conduct that is reasonably likely to result in retaliation against the Dynascale network or website, or Dynascale’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial-of-service attack (DoS).

2. Security – You must take reasonable security precautions in light of your use of the Dynascale services. You must protect the confidentiality of your password(s), and you should change your password(s) periodically. A compromised server is potentially disruptive to Dynascale’s network and other customers. Therefore, Dynascale may take your server offline if it is accessed or manipulated by a third party without your consent.>
3. Bulk or Commercial E-Mail – You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial e-mail. In addition, you must obtain Dynascale’s advance approval for any bulk e-mail, which will not be given unless you are able to demonstrate all of the following to Dynascale’s reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Dynascale’s requests to produce consent evidence within 72 hours of receipt of the request.
• You have procedures in place that allow a recipient to revoke their consent — such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours;
• You must post an e-mail address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any website associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
• You must have a Privacy Policy posted for each domain associated with the mailing;
• You have the means to track anonymous complaints; and
• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail. These policies apply to messages sent using your Dynascale service, or to messages sent from any network by you or any person on your behalf which directly or indirectly refer the recipient to a site or an e-mail address hosted via your Dynascale service. In addition, you may not use a third-party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you. Dynascale may test and otherwise monitor your compliance with its requirements, and may block the transmission of e-mail that violates these provisions.

4. Vulnerability Testing – You may not attempt to probe, scan, penetrate, or test the vulnerability of a Dynascale system or network, or to breach Dynascale’s security or authentication measures, whether by passive or intrusive techniques, without Dynascale’s express written consent.
5. Newsgroup, Chat Forums, Other Networks or Platforms – You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups, including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums. You must comply with the rules of any other network you access or participate in using your Dynascale services.
6. Illegal or Tortious Content – You may not publish or transmit via Dynascale’s network and equipment any content or links to any content that Dynascale reasonably believes:
 Constitutes, fosters, or promotes child pornography;
 is excessively violent, incites violence, or threatens violence, to include doxxing;
 is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
 is defamatory or violates a person’s privacy under tort law;
 compromises national security or interferes with a valid investigation by law enforcement;
 improperly exposes trade secrets or other confidential or proprietary information of another person;
 is intended to assist others in defeating technical copyright protections;
 infringes on another person’s copyright, trade or service mark, patent, or other property right;
 promotes illegal drugs, violates export control laws, promotes or facilitates illegal gambling, or illegal arms trafficking;
 is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Dynascale, or is otherwise tortious or fraudulent.
 (Content “published or transmitted” via Dynascale’s network or equipment includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.)
7. Copyrighted Material – You may not use Dynascale’s network or equipment to download, publish, distribute, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless:
 You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
 You are otherwise permitted by established United States copyright law to copy the work in that manner.
 Dynascale may terminate the service of copyright infringers.
8. Cooperation with Investigations and Legal Proceedings – Dynascale may, without notice to you:
 report to the appropriate authorities any conduct by you that it believes violates applicable criminal law, and
 provide any information it has about you in response to a formal or informal request from a law enforcement or government agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
9. Other– You must have valid and current information on file with your domain name registrar for any domain hosted on the Dynascale network.
 You may use IP addresses assigned to you by Dynascale staff only in connection with your Dynascale services. Dynascale may take reasonable action to protect its IP numbers, including suspension and/or termination of your Service.
 Customer activities that result in IP address blocking, filtering, or other such actions by outside third-party entities, which cause Dynascale or any of Dynascale’s other customers to be negatively impacted, is specifically forbidden under this Agreement. If a customer is found by Dynascale to be in violation of any part of this section, Dynascale has the right to immediately terminate services to that customer in accordance with our Service Agreement.
10. Consequences for Violation of AUP – Dynascale may, without notice to you, suspend your service or remove any content transmitted via the Dynascale services if it discovers facts that lead it to reasonably believe services Dynascale provides to you are being used in violation of this AUP. You must cooperate with Dynascale’s reasonable investigation of any suspected violation of the AUP. Dynascale will attempt to contact you prior to suspension of network access to your server(s), however, prior notification is not assured. You are strictly responsible for the violation of this AUP, including violation by your customers, and including violations that occur due to unauthorized use of your service.
11. Amendments to AUP – The ways in which the Internet may be used to break the law or violate the rights of Dynascale, its customers, or others, are still evolving. Therefore, we may from time to time amend this AUP in accordance with our Service Agreement to further detail or describe reasonable restrictions on your use of our services.
12. Disclaimer – Dynascale is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Dynascale network. Dynascale disclaims any obligation to any person who has not entered into an agreement with Dynascale for services.

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