Digital Millennium Copyright Act
Kdneta Labs LLC (including of its subsidiaries and affiliates (collectively, “Kdneta Labs”)) respects the intellectual property rights of others. If a copyright owner believes that their copyright-protected content appears and/or is otherwise made available on the web site at media-server.com (the “Web Site”) without authorization, the copyright owner may, per the U.S. Digital Millennium Copyright Act (DMCA), initiate a “notice-and-takedown” procedure to have the content removed.
The following is an overview of how the DCMA notice-and-takedown procedure operates:
- If a copyright owner believes that the Web Site includes infringing content, the copyright owner may send a corresponding Notification of Claimed Infringement to Kdneta Labs.
- Provided that the Notification of Claimed Infringement is effective, Kdneta Labs will: (i) promptly remove the content; and (ii) promptly provide the Notification of Claimed Infringement to the content owner and notify the content owner that the content has been removed.
- If the content owner believes that the Notification of Claimed Infringement was wrongfully submitted (due to mistake or misidentification), the content owner may send a Counter-Notification to Kdneta Labs.
- If Kdneta Labs receives an effective Counter-Notification, then Cognism will send a Reinstatement Notification to the copyright owner. This Reinstatement Notification will indicate that the removed content will be reinstated in not less than ten (10) business days and no more than fourteen (14) business days, unless Kdneta Labs first receives notice from the copyright owner that a legal action has been initiated by the copyright owner in relation to the content.
There are a number of items of information that a Notification of Claimed Infringement or a Counter-Notification must include in order to be effective; additionally, in order to be effective, the Notification of Claimed Infringement and Counter-Notification must be sent to a particular person designated for this purpose (Kdneta Labs’s “Designated Agent”). Information regarding the requirements for Notification of Claimed Infringement and Counter-Notification, as well as contact information for the Designated Agent, are provided below.
Under 17 U.S.C. § 512(f), a Notification of Claimed Infringement or Counter-Notification that includes a knowing material misrepresentation may subject the submitter of such Notification of Counter-Notification to damages, including costs and attorney’s fees.
Requirements for an effective notification of claimed infringement.
For your Notification of Claimed Infringement to be effective, it must include substantially the following items of information:
- A physical or electronic signature of a person authorized to act for and on behalf of the copyright owner;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the content that is claimed to be infringing, and information reasonably sufficient to permit Cognism to locate the content (e.g., specific URLs where the content may be found);
- Information reasonably sufficient to permit Cognism to contact you, including an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or any law; and
- A statement that the information in the notification is accurate and, UNDER PENALTY OF PERJURY, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Requirements for an effective counter – notification of claimed infringement.
For your Counter-Notification to be effective, it must include substantially the following items of information:
- Your physical or electronic signature;
- Identification of the content and the location (e.g., URL) at which the content appeared before it was removed;
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the content was removed as a result of mistake or misidentification;
- Your name, address, and telephone number; and
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district of Miami-Dade, Miami, FL, and that you will accept service of process from the person who provided the Notification of Claimed Infringement or an agent of such person.
Contact Information for Designated Agent.
As noted above, a Notification of Claimed Infringement or must be sent to Kdneta Labs’s Designated Agent to be effective. Kdneta Labs’s Designated Access can be reached as follows (email preferred):
Via email at: email@example.com
Via post at: Kdneta Labs LLC, 800 SE Fourth Ave, Hallandale Beach, 33009
Data Processing Agreement
Kdneta Labs LLC provides all of its customers from the European Union with the digitally signed Data Processing Agreement and information about Kdneta Labs LLC infrastructure, sub-processors and joint controllers. Simply print the signed DPA and add your company information. To finalize the process, Kdneta Labs LLC account administrators also need to provide all necessary information in the account settings (GDPR Compliance section) for our records keeping. Once done, the Agreement comes into effect.
We take a number of steps to protect the security and integrity of data stored with Kdneta Labs LLC. All web connections for data transfer encrypted, data is isolated, and two factor authorization is required for all administrators (Bitrix24 OTP or Google Authenticator). Full information on Bitrix24 security mechanisms and protocols is available at https://kdnetalabs.com/security
International Data Transfer
Data in Kdneta Labs LLC, Kdnetalabs.es, Kmanager.app/es, domain zones are hosted inside the European Union in Frankfurt, Germany with Amazon Web Services data centers, which are fully GDPR compliant – https://aws.amazon.com/blogs/security/all-aws-services-gdpr-ready/.
Kdnetalabs.com, by accounts are hosted OUTSIDE the European Union, thus international data transfers take place. We recommend Kdneta Labs LLC users from the European Union to require from the analyst attending your project use Kdneta Labs LLC accounts and services that are hosted in the European Union. Please note that commercial account users for all our products and services can request their data to be transferred to the EU data centers via helpdesk – https://kdnetalabs.com/ticket.
Data Portability and Anonymization
We provide a form that allow the users of all our products and services to request anonymization of their personal data upon request. Also we provide with the option to request all the data collected inside our products. The request can be made using the following form: https://kdnetalabs.com/mydata