Privacy & Terms




Owner Data Agreement

Last Revised: February 7, 2014 (view archived versions)


Summary of Important Terms & Rights for Owners


You own your Data

Under the Owner Data Agreement, you will own all copies of your data, notes and files (collectively, “Data”) that you store and manage in Personal.

You control who gets access to your Data

Only you can grant access to your Data, and you can stop access at any time. Personal can’t access your sensitive Data or any files, all of which are encrypted. We will never grant any third party access to your Data, except in accordance with our Privacy Policy, such as for legal process. Even then, we can’t technically grant access to your sensitive Data or files, which are encrypted and only you can unlock.

Transparency

We’re committed to being transparent with you about our business model, terms and management of your Data. You’ll always be able to see which Owners, organizations or apps you’ve shared your Data with through features at teamdata.com or on our native mobile apps.

Other registered users accept the Owner Data Agreement

Other Owners are contractually obligated to use your Data only as authorized by you and to stop using it if you revoke access. If they don’t, it’s a violation of this Agreement and our Terms of Use.

Take your Data with you

At Personal, your Data is 100% portable. Export it, share it, use it on forms, or permanently delete it from Personal. Yes, at Personal, we’ve built in a delete button for your Data.

Welcome to Personal! This Owner Data Agreement (this “Agreement”) is a legally binding contract between the individual or organization (“you” or “Owner”) accepting this Agreement and Personal, Inc. (“Personal” or “we” or “us”). This Agreement applies to your use of all products, services, websites, mobile websites, native mobile applications, and co-branded products and services with our partners (collectively, the “Personal Service,” which includes your “Data Vault”) that are owned and operated by Personal.

Please read this Agreement carefully before accepting it and using the Personal Service. By clicking agree and using the Personal Service, you agree to be bound by this Agreement. If you accept on behalf of an organization, you’re legally binding the organization to this Agreement and represent that you have the authority to do so. If you don’t agree with these terms and conditions, you shouldn’t accept this Agreement, and you may not use the Personal Service.

If we make any change to this Agreement that in our sole discretion is material, we will notify you (for example, by email to the email address in your account or prominent notice in the Personal Service) that this Agreement has been modified. The new version will show the date it was modified. If you disagree with any change to the Agreement, you will be able to export your Data from the Personal Service and permanently delete it. Your continued use of the Personal Service 30 days after the update will constitute your acceptance of the revised Agreement.

If you are under 18 years old but over 13, we expect you to use the Personal Service only with the guidance, supervision and consent of a parent or guardian. No part of the Personal Service is directed at children under the age of 13, and, if you are under 13, you may not use the Personal Service under any circumstances.

PLEASE NOTE THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE SECTION 10).

1. Overview

The Personal Service empowers you to access, store, import, upload, add, securely share, and complete forms with your data, notes and files (collectively, your “Data”). Our free version allows you to receive and access Data from others and the new Data you created during your free trial. The subscription version allows you to add, edit or share Data, complete forms, and more, in addition to receiving and accessing Data. You can always choose to export and permanently delete your Data from any version of Personal.

2. Access to and Use of the Personal Service

Personal hereby grants you a limited, personal, non-transferable right and license to access and use the Personal Service, subject to all the terms and conditions of this Agreement and our Terms of Use.

3. Data

  • 3.1 Data Ownership and Rights.
    • a. You always retain ownership of the copy of your Data in your Data Vault, and only you can give permission to share.
    • b. Personal will never grant any third party access to your Data, except in limited circumstances and only in accordance with our Privacy Policy (such as when specifically required by law), which is incorporated into and made a part of this Agreement. Even in such circumstances, because your sensitive Data and all files are encrypted and only you hold the key, we can’t technically access them.
    • c. Personal, other Owners and third party organizations (such as companies or apps) are not granted any right to use your Data or other third party data in your Data Vault, except for the specific purpose(s) for which you have granted it and subject to how the sharing occurs, as described in Section 4.
    • d. If you grant your Data for viewing access only, you can update it for anyone with whom you’ve shared it or stop access. If you grant the right to import Data, the copy will become part of the receiving party’s Data Vault.
  • 3.2 License to Access and Use Your Data.
    • a. When you choose to grant access to your Data to another Owner or a third party organization, you are granting a non-exclusive, limited right to access and use the applicable Data from your Data Vault solely for the purpose intended, including any reuse or resharing permissions (such as use in Fill It to auto-complete forms). If granted on a viewing access basis, you can stop access at any time.
    • b. In consideration of the limited authorizations you provide to other Owners or third party organizations for accessing your Data, the recipient agrees not to use or disclose, in whole or in part, to any other party such shared Data except as permitted, and in accordance with this Agreement and/or any separate account or membership agreement you may have with a recipient, such as a third party organization.
    • c. To facilitate the Personal Service on your behalf, you hereby grant to Personal a non-exclusive, royalty-free license to use, store, reproduce and display any Data you store or manage through the Personal Service solely as reasonably necessary to operate the Personal Service at your direction and on your behalf, and subject to this Agreement, our Terms of Use and our Privacy Policy.
  • 3.3 Data Security. The security and privacy of your Data are paramount to us. Personal uses industry standard, or better, administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your Data. For example, Personal doesn’t store your password to Personal, and our technology uses the same encryption algorithms relied on by banks, the military and U.S. government. Your Data Vault is housed in a hosting provider that has 24/7 physical and biometric protections, in addition to firewalls, intrusion detection systems, and an array of other technological safeguards and security certifications. Click here for more. Nonetheless, no security measures are 100% effective, and Personal cannot guarantee absolute security. PERSONAL SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION.
  • 3.4 Changes to Data Organization. You understand and agree that the containers of Data (“Gems”) and the data fields within them are solely determined by Personal, and Personal reserves the right to reorganize and/or remove certain Gems and data fields from time to time. In connection with such reorganization and/or removal, it is possible that some Data may be deleted and/or moved. In such cases, we will give you notice and try to help you preserve your Data, but Personal shall not be responsible for any loss or relocation of any Data arising out of such reorganization and/or removal.
  • 3.5 Suggestions for Improvement. You grant to Personal a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Personal Service any suggestions, enhancement requests, recommendations, or other feedback provided by you to Personal and/or its representatives.

4. Control and Sharing

You control your Data in your Data Vault, and you set permissions for sharing it through the Personal Service. Depending on how you share, you’ll have varying degrees of control over your Data with other Owners or third parties. Of course, you always retain control over the copy of Data in your Data Vault.

  • 4.1 Secure Share. You can share your Data with other Owners on a viewing access or import basis through your Data Vault, which we call “Secure Share” – our recommended mode of sharing. Viewing access is the safest way to share and will maintain your ownership over your Data. It means the recipient can see, receive updates as you make them, and use Data to complete forms or reshare it but can’t import your Data. You may stop access to your Data at any time and further use without your permission will violate this Agreement and our Terms of Use. This also applies to you and Data shared with you. Allowing Data to be imported means it will become a part of the recipient’s Data Vault, and you can’t stop access to it.
  • 4.2 Fill It and Email. When you use your Data to auto-complete web forms, you will be subject to the data, usage and privacy practices of the site or organization receiving it, just as if you had manually entered the information and submitted the form. Likewise, sharing your Data via email through your Data Vault means once it’s emailed, you can’t stop access. Please note that email isn’t as secure as Secure Share, but, because we’re committed to you being in control of your Data, we wanted to give you the choice.
  • 4.3 Partners, Personal Connect, and Third Party Applications. You may be offered access to and use of the Personal Service through: (a) a third party company or organization that partners with us (a “Partner”) because, for example, you are a member or customer of that Partner; (b) your choice to use Personal Connect, a Single Sign On feature that simplifies registrations for sites and may allow you to share specific Data in exchange for certain benefits from the site; or (c) your choice to use your Data in conjunction with third-party applications (“Apps”) that integrate with the Personal Service.

In each case, you may have an independent (and sometimes pre-existing) relationship and/or account information stored with a Partner, Personal Connect site or Apps (“Data Users”) by virtue of being a member, customer or user of the Data User. In some cases, a Data User may provide a copy of your information to you in your Data Vault, in which case that copy will become yours. Where you grant access to your Data to a Data User, you may stop access at any time. Data already shared or updated with a Data User may remain in its system and subject to its data, usage and privacy practices, which we don’t control, based on your independent relationship with the Data User. Upon stopping access to your Data, the Data User may retain the last copy you shared, but they will not have ongoing access to it in your Data Vault.

5. Transparency

You will always be able to view which Owners, organizations or Apps you’ve shared your Data with through features in your Data Vault at teamdata.com or on our native mobile apps.

6. Term and Termination

This Agreement will commence upon the date you accept it and shall continue in force and effect until its termination. You may terminate this Agreement at any time by ceasing to use the Personal Service, and canceling and permanently deleting your account. Before doing so, you may choose to export your Data.

Personal may terminate this Agreement and your right to use the Personal Service upon 30 days' notice to you if Personal ceases to offer the Personal Service. If you breach this Agreement or our Terms of Use, Personal may terminate this Agreement and/or your right to use the Personal Service immediately without notice.

7. Taxes

You understand and agree that you are solely responsible for the payment of any and all local, state and/or federal taxes that may be imposed upon you as a result of the receipt by you of anything of value provided to you in connection with your use of the Personal Service.

8. Warranties and Disclaimer

You represent and warrant to Personal that any Data that you upload, store, use, permit access to or otherwise manage in the Personal Service does not violate any law or legal requirement, and does not infringe the privacy, intellectual property, or any other rights of any other person or entity. You agree to defend, indemnify and hold harmless Personal, and all other persons or entities using the Personal Service, from and against any loss or damages arising out of your breach of the foregoing warranty.

THE PERSONAL SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

PERSONAL DOES NOT WARRANT THAT THE PERSONAL SERVICE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PERSONAL MAKES NO WARRANTY THAT THE PERSONAL SERVICE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PERSONAL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE PERSONAL SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PERSONAL SERVICE. USE OF THE PERSONAL SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PERSONAL SERVICE. Because some states and jurisdictions do not allow limitations on implied warranties, some of the above limitations may not apply. In that event, such warranties are limited to the minimum warranty scope and period allowed by applicable law.

9. Limitation of Liability

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL PERSONAL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, CONTENT OR SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO (i) THE USE OF, OR THE INABILITY TO USE, THE PERSONAL SERVICE, MATERIALS AND FUNCTIONS RELATED THERETO, (ii) UNAUTHORIZED ACCESS TO OR LOSS, CORRUPTION, OR ALTERATION OF DATA, TRANSMISSIONS, OR CONTENT, (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE PERSONAL SERVICE, (iv) PERSONAL’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT OR CREDIT CARD INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM, (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR DATA OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION, (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE, OR (vii) ANY OTHER MATTER RELATING TO THE PERSONAL SERVICE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES, EVEN IF PERSONAL OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT THE TOTAL LIABILITY OF PERSONAL TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE PERSONAL SERVICE OR OTHERWISE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PERSONAL SERVICE IN THE PRECEDING YEAR. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PERSONAL AND YOU. THEY SHALL APPLY REGARDLESS OF WHETHER A CAUSE OF ACTION MAY BE IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), STATUTE, OR ANY OTHER LEGAL THEORY, EITHER ARISING FROM THIS AGREEMENT, OR YOUR USE OF OR INABILITY TO USE THE PERSONAL SERVICE. Some jurisdictions do not allow the limitation or exclusion of certain liabilities, so some of the above limitations may not apply to you.

10. Dispute Resolution, Arbitration Agreement, and Class Action Waiver

Informal Dispute Resolution. It’s our goal that you have a great experience using Personal. If you have a problem or concern with the Personal Service, we want to learn about and address it.

You agree that you will notify Personal about any dispute regarding this Agreement or your use of the Personal Service by sending an email with the subject line “Notice of Dispute” to legal AT teamdata.com. Your Notice of Dispute must include your name, pertinent account information (such as the email address linked to your account) to identify yourself as an Owner, a brief description of your dispute, and contact information. You and we will attempt to resolve it through informal negotiation within 60 days from the receipt of your Notice of Dispute. If the dispute cannot be resolved within 60 days, either you or we may initiate formal proceedings according to this Agreement, and you may proceed to binding arbitration or small claims court as described below.

Binding Arbitration. If you decide that we haven’t satisfied your concern and that you must pursue alternative means to address it, you agree that any disputes and/or claims arising from this Agreement and/or the use of the Personal Service shall be resolved exclusively through binding arbitration, rather than a court (the “Arbitration Agreement”). In return, Personal agrees to arbitrate any claims or disputes that it may have against you arising from this Agreement and/or your use of the Personal Service using this same procedure. Any arbitration shall be subject to the Federal Arbitration Act, governed by the rules of the American Arbitration Association, and conducted before a single neutral arbitrator in Washington, D.C., unless you and we agree otherwise. The arbitration will be conducted in English. The arbitrator shall not be bound by rulings in prior arbitrations involving different Owners. Each party shall bear its own costs, including any attorneys’ fees, associated with such arbitration. Any award rendered in arbitration shall be final and binding, and may be enforced in any court having competent jurisdiction. In addition and without limiting the foregoing, you agree that Personal shall have the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) outside of arbitration in any jurisdiction. Notwithstanding this provision, you may bring your claim in a small claims court of competent jurisdiction after attempting to resolve your dispute informally.

CLASS ACTION WAIVER. YOU AGREE TO WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION IN STATE OR FEDERAL COURT AND MAY ONLY USE INFORMAL DISPUTE RESOLUTION, BINDING ARBITRATION OR SMALL CLAIMS COURT TO RESOLVE YOUR DISPUTE ON AN INDIVIDUAL BASIS. In return, Personal waives its right to join or consolidate claims in arbitration by or against other Owners. If this class action waiver is found unenforceable, you and we agree that any class action, representative action, or private attorney general action will be prosecuted in a court of competent jurisdiction, rather than through mandatory arbitration, and the remainder of this Agreement and this Section 10 will continue to apply.

Regardless of any statute or law to the contrary, you agree that any claim or cause of action you may have with respect to the Personal Service must be filed within one year after the claim or cause of action arose or be forever barred.

11. General


  • 11.1 Assignment. You may not assign this Agreement either in whole or in part, without the prior written consent of Personal. Any assignment in violation of this section shall be void and of no effect.
  • 11.2 Entire Agreement. This Agreement, any consents you provide to grant access to your Data, and Personal’s Privacy Policy and Terms of Use, as each may be amended or modified in accordance with its terms, are expressly incorporated by reference and constitute the entire agreement between you and Personal and govern your use of the Personal Service, superseding and replacing any prior agreements and terms and conditions applicable to the Personal Service. You may also be subject to additional terms and conditions that are applicable to certain parts of, or services offered on or through, the Personal Service. If the terms and conditions of this Agreement and the Terms of Use conflict, this Agreement’s provisions with respect to its subject matter shall prevail.
  • 11.3 Governing Law. You and we acknowledge that this Agreement evidences a transaction involving interstate commerce and that it will be governed by and construed in accordance with the laws of the United States (including the Federal Arbitration Act) and the State of Delaware, excluding its conflicts-of-law rules, regardless of your country of origin or where you access the Personal Service. This Agreement will specifically not be governed by the United Nations Convention on the Law Applicable to Contracts for the International Sale of Goods, if otherwise applicable. Your use of the Personal Service may be subject to other local, state, national, and international laws.
  • 11.4 Relationship of the Parties. The parties to this Agreement are independent contractors, and nothing in this Agreement shall be deemed to create any partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
  • 11.5 Summary and Section Headings. This Agreement’s summary and section headings are for convenience only and have no legal or contractual effect. If the provisions of this Agreement and the summary and section headings ever conflict, this Agreement’s terms and conditions shall prevail.
  • 11.6 Survival. All provisions of this Agreement that, by their nature, should survive any termination or expiration of this Agreement shall do so, including, without limitation, Sections 3 and 6-11. Any termination or expiration of this Agreement shall not relieve you of any obligations that may have arisen or accrued prior to such termination or expiration or limit any liability you otherwise may have to Personal, including, without limitation, any indemnification obligations contained herein.
  • 11.7 Waiver and Severability. The failure of Personal to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

If you have any questions about this Agreement, please contact us at support [at] teamdata [dot] com.

© Copyright 2014 by Personal, Inc. All rights reserved.

Archived Versions

November 11, 2011 [PDF] [Compare to current version]