Constella Intelligence

Constella and Social Links Join Forces to Deliver Transformative OSINT Solutions

March 25, 2024[1]  — Social Links, a leading developer of open-source intelligence (OSINT) software, has announced a strategic partnership with Constella Intelligence, a prominent identity signals provider. This collaboration marks a milestone in the investigative reach of both Social Links’ solutions and the OSINT industry at large.

Social Links has always understood the crucial role that darknet data plays in increasing the reach and scope of investigative work. By integrating Constella Intelligence’s leading-edge identity intelligence with a powerful OSINT platform, users will be able to conduct investigations that search wider and deeper. This will lead to more insights and leads, higher levels of success, and, most importantly, contribute to digital and global safety.

Social Links CEO, Ivan Shkvarun, reiterated the transformative potential this partnership brings. “We’ve always strived to provide our users with the most comprehensive, accurate, and up-to-date data. And our new collaboration with Constella Intelligence shows that we are really expanding horizons and giving investigators, prosecutors, and security professionals the invaluable edge they need to resolve their cases.”

As prominent specialists in digital risk protection and providers of data from diverse sources, Constella Intelligence brings immense expertise and advanced technologies to the partnership. Their specialized techniques and tools to extract data from the Deep and Dark Web can deliver the data that case breakthroughs are made of.

Constella Intelligence’s available resources include data that can’t be found through Surface Web domains. Used responsibly, such information can be instrumental in investigative work, case-building and evidence collection, as well as a range of cybersecurity objectives, such as exposure identification or incident response. 

Constella Intelligence CEO, Kevin Senator expressed enthusiasm for the partnership’s potential to drive significant innovation in the field of intelligence software: “The innovative, forward-thinking solutions of Social Links are the perfect counterpart to our mission to deliver the most complete, reliable data possible. This synergy has the potential to bring something truly groundbreaking to the OSINT landscape, revolutionize investigative work, and make the world a safer place.”

About Social Links

Social Links is a leading open-source intelligence (OSINT) provider, bringing together data from 500+ sources covering social media, messengers, blockchains, and the Dark Web. The company’s ML-powered solutions facilitate data-driven investigations for law enforcement, national security, cybersecurity, due diligence, and more.

About Constella Intelligence  

Constella.ai offers comprehensive identity protection solutions that leverage deep and dark web intelligence to provide actionable insights. Our solution integrates seamlessly with existing security systems and prioritizes data security through compliance with industry standards. With the world’s largest breach database, containing over Trillion data attributes and 200 billion Identity records in 125+ countries and over 53 languages, Constella sets the standard in data depth and security. Our expertise in OSINT investigations provides critical insights into digital footprints, offering a decisive edge in protecting and securing your data. Ready for a secure future? Reach out to Constella today and stay one step ahead of digital threats.


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A Tale of Two Identity Trends: Minimizing privacy for criminals & maximizing our own

Never before have our identities been so publicly available, minimizing privacy.

From our exact location (mobile phone GPS) to evolving physical appearances (Instagram) and even our internal thoughts (X, formally-Twitter), the internet is a treasure trove for validating and attributing identity and intentions.

The birth of the OSINT expert

The explosion of Open Source Intelligence (OSINT) professionals shows us that a lot of skill and effort is involved to weave together all this personal exposure into an actionable piece of intelligence. If there was a magic button to profile an identity, we wouldn’t need OSINT experts. Far from falling victim to automation, the OSINT expert community is actually booming.

The OSINT community is full of helpful ‘How to’ guides and libraries showcases 100s of tools to help finding people. Yes, Social Media is a primary source, but from wedding gift registries, flight records, archived webpage capture, vehicle history and electoral rolls, there’s plenty more to keep an investigator busy when identifying someone.

OSINT done right is a highly specialized and laborious task. And it’s only getting harder.

Criminals are painting us into a corner – minimizing privacy

Meta recently stopped API access to Facebook Groups, and in 2023 X started what many deem as phase one of monetizing or gating API access to its rich content.

This comes just as End-2-End Encryption (E2EE) is being rolled out in earnest across all remaining social messengers. A perfect storm for OSINT investigators. Less data (or exclusionary data) equals less intelligence.

For the sake of privacy, many welcome these initiatives, and indeed privacy is often the trigger for these policies in the first place. But you don’t need to go far to find investigators, especially tasked with unmasking criminals, unhappy with this direction.

Such is the reaction from OSINT community that one start up even became a privacy champion in response to X’s API restrictions , switching from consuming X … to protecting users from X.

This response from the market is to be expected. Without co-dependence between platforms and 3rd parties, a quasi-adversarial culture of VPNs, privacy tools and takedown services have sprung up in response.

Identity: A weapon for criminals

But a boom in any market brings with it fraudsters and manipulators. There are criminals in all walks of life. Ironically, the privacy industry can’t escape identity thieves.

For example, Brian Krebs (with the help of Constella) recently investigated various consumer data brokers and people-search providers – such as OneRep and Radaris – both of which have links to Belarus and Russia… respectively raising suspicions.

Criminals have more options: more privacy tools at their disposal…to fight an increasingly disjointed enemy of manual OSINT investigators, regulators and privacy activists.

Identity: A weapon for us

Here’s where we believe exposed identity data – that is, the mass dumps of identity information found online – can changes things for the better.

Apart from the obvious protection that being aware of exposed credentials offer individuals and business (social engineering, ATO and synthetic ID fraud remain top threat vectors of attack), exposed identity data fills the gap for an OSINT investigator searching for an effective response to new online profiling obstacles.

As outlined by Krebs above, and in countless other OSINT investigations, aliases identified in breached datasets join the dots between people and networks the surface web cannot resolve by itself. What’s more, it’s a dataset which, by its nature, can’t be put back in the box and subject to takedown. It’s a decentralized and uncontrolled treasure chest. There’s nothing a criminal can do to stop it.

By Lindsay Whyte

Website Privacy Policy

Website Privacy Policy

Website Privacy Policy

Last Updated: December 15th, 2020

At Constella Intelligence, Inc. (“Constella”, “we”, or “us”), we take your privacy seriously. This Online Privacy Policy (the “Privacy Policy”) explains how we collect, share, use, and protect your Personal Data (defined below) when you visit or use our online service, including our website, products and services offered at constellaintelligence.com and any other online services offered by Constella and its affiliates (collectively, our “Services”).

Some Services utilize data that we collect from available open sources on the surface, social, deep, and dark webs at high pace, and that we place into one or more of our proprietary databases (collectively, the “Datalake”). Data that we collect from such sources may or may not include your Personal Data. Any data that we ultimately place into the Datalake from these available open sources on the Internet is independent of your interactions with our Services.  Simply put, we have no control over whether the Datalake contains your Personal Data.  Our collection, use, processing, and protection of such data collected from the Internet are separately governed by the Datalake Privacy Notice, available at https://constellaintelligence-website.pantheonsite.io/cookies-policy/. Please review the Datalake Privacy Notice for more information. The Datalake Privacy Notice supplements (and does not supersede) this Privacy Policy; however, in the event of any conflict between the Datalake Privacy Notice and this Privacy Policy, the Datalake Privacy Notice shall prevail with respect to any data (including Personal Data contained therein) collected by us from the Internet for the Datalake.

Please read this Privacy Policy to learn how we treat your personal information collected when you access or use our Services. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.

Remember that your use of the Services is at all times subject to our Terms of Use, which incorporates this Privacy Policy and the Datalake Privacy Notice. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Use.

You may print a copy of this Privacy Policy by clicking here. If you have a disability, you may access this Privacy Policy in an alternative format by contacting privacy@constellaintelligence.com.

  1. What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. As noted above, this Privacy Policy doesn’t cover our practice of collecting data from available open sources on the Internet and any Personal Data that may be contained in such data. Please refer to our Datalake Privacy Notice for more information. Also, this Privacy Policy does not cover the practices of companies we don’t own or control, or people we don’t manage.

  1. Categories of Personal Data We Collect

This section details the categories of Personal Data that we collect and have collected over the past 12 months:

Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

  • You:
    • When you provide such information directly to us (see the subsection titled “Information You Provide to Us” below).
    • When Personal Data about you is automatically collected in connection with your use of our Services (see the subsection titled “Information Collected Automatically” below).
  • Third Parties:
    • Third parties may provide us with Personal Data about you. Third parties that share your Personal Data with us include:
      • Clients. We may receive information about you from some of our enterprise clients who purchase our Services, in order to assist those clients in offering identity theft protection, account monitoring, and other protection services to you.
      • Service providers. For example, we may use analytics service providers to analyze how you interact and engage with the Services, or third parties may help us to provide you with customer support.

 

Information You Provide to Us:

We receive and store any information that you provide to us.  For example, through the registration process and/or through your account settings, we may collect information such as your first name, last name, email address, phone number, and your company name, and your title. Certain information may be required to register with us, schedule a demo, contact us, or take advantage of portions of the Services or some of our features.

Information Collected Automatically

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Services, to analyze trends, to learn about our user base and to operate and improve our Services. Cookies are small pieces of data – usually text files – placed on your computer, tablet, phone, or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:   

  • Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
  • Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services such as by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website, and some of the Services and functionality may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit allaboutcookies.org/ or ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.

  • How We Use Your Personal Data

We process Personal Data to operate, improve, understand and personalize our Services. We use Personal Data for the following purposes:

  • To offer products and services that are designed to protect against or deter fraudulent, illegal or harmful actions and to assist our clients with maintaining the safety, security and integrity of their products and information relating to their customers (which may include you). Please refer to our Datalake Privacy Notice for additional details.
  • To offer products and services that are designed to: (i) map and cluster online data, and enable real-time visualizations and insights into that data; (ii) help turn vast amounts of complex online data into valuable, actionable intelligence; and (iii) fully immerse users in interactive visual representations of datasets.
  • To meet or fulfill the reason you provided, directly or indirectly, the information to us.
  • To communicate with you about the Services, including Service announcements, updates, or offers.
  • To provide support and assistance for the Services.
  • To create and manage your account or other user profiles.
  • To personalize website content and communications based on your preferences.
  • To process orders or other transactions.
  • To respond to user inquiries and fulfill user requests.
  • To improve and develop the Services, including testing, research, analysis, and product development.
  • To comply with our legal or contractual obligations, resolve disputes, and enforce our Terms of Use.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • For any other business purpose stated when collecting your Personal Data, or as otherwise set forth in applicable data privacy laws such as the California Consumer Privacy Act (the “CCPA”).

We will not use the Personal Data we collect for materially different, unrelated, or incompatible purposes without providing you notice.

As noted in the list above, we may communicate with you if you’ve provided us with the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us, which helps us improve our Services. If you do not want to receive communications from us, please indicate your preference by emailing us at privacy@constellaintelligence.com.

  1. How We Share Your Personal Data

Categories of Third Parties with Whom We Share Personal Data

We disclose your Personal Data as described above to the following categories of third parties:  

  • Clients
    • These are our clients who purchase our Services for the purpose of detecting or deterring fraudulent, illegal, or harmful actions and to maintaining the safety, security, and integrity of their products and information relating to their individual customers (which may include you). In most cases, our clients share specific types of Personal Data about you with us in the first place, and our clients are responsible for obtaining your consent for such sharing.  Our Services process such data with the goal of determining whether there is a correlation with the data records we have in the Datalake. We only share Personal Data for this purpose according to the specific criteria of the data search or requests as instructed by our clients. For clarity, we do not compile your Personal Data to create a profile.
  • Service Providers
    • These are third parties that help us provide our Services, including payment processors, security and fraud prevention providers, hosting and other technology and communications providers, analytics providers, and staff augmentation and contract personnel.
  • Acquirers
    • Your Personal Data may also be transferred to a third party if we undergo a merger, acquisition, bankruptcy, or other transaction in which that third party assumes control of our business (in whole or in part).

Disclosures of Personal Data for a Business Purpose

We disclose your Personal Data to service providers and other parties for the following business purposes:

  • Auditing related to a current interaction and concurrent transactions, including, but not limited to, auditing compliance with this specification and other standards.
  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
  • Mapping and clustering online data, and enabling real-time visualizations and insights into that data.
  • Debugging to identify and repair errors that impair existing intended functionality.
  • Short-term, transient use of Personal Data that is not used by another party to build a consumer profile or otherwise alter your consumer experience outside the current interaction.
  • Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, or providing similar services on behalf of the business or service provider.
  • Undertaking internal research for technological development and demonstration.
  • Undertaking activities to verify or maintain the quality or safety of a service or device that we own, manufacture (or that was manufactured for us), or control.
  1. Data Security and Retention

We seek to protect your Personal Data from unauthorized access, use, and disclosure using appropriate physical, technical, organizational, and administrative security measures based on the type of Personal Data and how we are processing that data. For example, the Services use industry-standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Data in our control. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser, and signing off after you have finished accessing your account with any online services.

We retain Personal Data about you for as long as necessary to provide our Services. In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes, or collect fees owed, or is otherwise permitted or required by applicable law, rule, or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

  1. Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at privacy@constellaintelligence.com.

  • California Resident Rights

If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain Services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@constellaintelligence.com.

For the sake of clarity, the rights set forth in this Section VII do not cover data that may be contained in the Datalake.  Please refer to our Datalake Privacy Notice for more information on your rights with respect to data that may be contained in the Datalake.

Exercising Your Rights

Please follow the instructions and requirements described below and on our websites when submitting your requests. Requests that fail to comply with any of these instructions and requirements may result in delayed or no response.

To exercise the rights described below as a California resident, you must send us a request (1) that provides sufficient information (including, without limitation, email verification) to allow us to verify that (i) you are the person about whom we have collected Personal Data, (ii) you, as the requester, are the same person as the data subject for whose information you’re requesting (or such person’s parent/guardian), (2) that describes your request in sufficient detail to allow us to understand, evaluate and respond to it, (3) that declares, under the penalty of perjury, that you’re exercising your rights under the CCPA as a California resident solely for lawful purposes, and (4) in a way that does not and would not unduly burden or otherwise abuse our data request system and/or our Services. Each request that meets all of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will use commercially reasonable efforts to determine whether a request may be for harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable purposes, and we reserve the right not to respond to such request. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

 

Access

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response to a Valid Request, we will provide you with the following information:

  • The categories of Personal Data that you requested and we have collected about you.
  • The categories of sources from which that Personal Data was collected.
  • The business or commercial purpose for collecting or selling your Personal Data.
  • The categories of third parties with whom we have shared your Personal Data.
  • The specific pieces of Personal Data that you explicitly requested and we have collected about you.

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third-party recipient.

Deletion

You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Personal Data Sales Opt-Out and Opt-In

We will not sell your Personal Data, and have not done so over the last 12 months. To our knowledge, we do not sell the Personal Data of minors under 16 years of age.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

  • Other State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@constellaintelligence.com.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites.  Our Services do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. We do not engage in such “sale” of your Personal Data covered by this Online Privacy Policy. If you have any questions regarding your sale opt-out right as a Nevada resident, please contact us at privacy@constellaintelligence.com with the subject line “Nevada Do Not Sell Request” and provide us with your name and the email address associated with your account.

  1. European Union Data Subject Rights

EU Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict.  If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@constellaintelligence.com. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

We may need to collect and process Personal Data in order to provide requested information, provide the Services to you, or because we are legally required to do so. Regarding Personal Data that may be collected in the use of the Constella website, Constella Intelligence, Inc., will act as the data controller. You can contact us at the following address: 289 S. San Antonio Road, Suite 110, Los Altos, CA 94022. We also have a branch Sucursal en España located at C/Acanto 22, 13th floor, 28045, Madrid (Spain).  Our email address: privacy@constellaintelligence.com.

In compliance with data protection regulations, the company has appointed a Data Protection Officer (DPO). For any questions regarding data protection or this Privacy Policy, you may contact our DPO at the following email address: privacy@constellaintelligence.com.

For the sake of clarity, the rights set forth in this Section IX do not cover data that may be contained in the Datalake.  Please refer to our Datalake Privacy Notice for more information on your rights with respect to data that may be contained in the Datalake.

INFORMATION OBTAINED FROM OUR WEBSITE

We collect information from you, including Personal Data, when you fill out a form. When registering on our website, you may be asked to enter your name or e-mail address. You also may, however, visit our website anonymously.

Purposes for the processing

We will use your Personal Data for providing the different Services you may contract with us to provide, schedule a demonstration of our software, administer promotions or surveys or any other website feature, send periodic emails, and respond to other requests or questions you may raise. Your personal data will also be used for the management of the contractual relationship between us.

Lawful basis for the processing

For the processing of your Personal Data, our legal basis depends on how you interact with the Services. We may base the processing of data on other legal bases, such as our legitimate interests as a company, the fulfillment of a legal obligation, or the management of our contractual relationship.

When we send marketing communications to our clients, the legal basis for such communications shall be the client’s explicit consent.

Do we disclose any information to third parties?

Except as stated under Section IV (How We Share Your Personal Data) above, we do not disclose or otherwise transfer to outside parties your personally identifiable information. We may also release your information when said release is appropriate to comply with the law, enforce our policies or the Terms of Use, protect our rights, property, or safety, or protect the rights, property, or safety of third parties.   

Constella will only disclose your Personal Data if any of the following lawful bases occur:

Consent:

We will not share or disclose your nonpublic information except to deliver Services to you or on your behalf unless you affirmatively opt-in to such sharing.

Constella will also process your Personal Data to send to you important information regarding the Services, your account status, changes to the Terms of Use, this Privacy Policy, or any other policies, agreements, or transactions relevant to your use of the Services.

Legal requirements:

Constella may share your information without your consent if the disclosure of such information is reasonably necessary to:

  • Satisfy any applicable law, regulation, legal process, or valid governmental request; or
  • Detect, prevent, or otherwise address fraud, security, or technical issues.

Retention periods

We will retain your Personal Data for as long as necessary in accordance with the purpose(s) for which it was collected and in accordance with applicable law. The criteria used to determine our retention periods include:

  • the length of time during which we have a relationship with you;
  • whether there is a legal obligation to which we are subject; and
  • whether retention is advisable in light of the legal position to which we are subject (such as that relating to applicable limitations or statutes, pending litigation, or regulatory investigations).

 

How can you exercise your data protection rights?

If you would like to review, correct, update, suppress, delete or otherwise limit our use of your Personal Data that has been previously provided to us, or if you would like to request an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent you have a right to data portability under applicable law), you may make a request by contacting us using the information provided in the contact section of the website. We will respond to your request in a manner consistent with applicable law.

For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and consistent with applicable law. Please note that once you exercise your rights to delete your data, we will duly block your data for as long as liability can be derived in accordance with applicable law.

You can exercise your rights by sending a request to the contact address above or to the following email address: privacy@constellaintelligence.com. You must include detailed information and documentation proving your identity in order to manage your request satisfactorily. We will process your request and give you an answer within the time limits set by current legislation.

  1. Changes to this Privacy Policy

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on our website, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. The use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

  1. Contact Information:

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

If you are located in the European Union, you may use the following information to contact our Data Protection Officer and our European Union-Based Member Representative:

  • Our branch office in the European Union: Sucursal en España located at C/Acanto 22, 13th floor, 28045, Madrid (Spain)
  • Data Protection Officer: privacy@constellaintelligence.com.

Annual Records

Last updated: July 1, 2021

The following chart provides statistics about our responses to requests from California residents over the past calendar year:

 Requests to KnowRequests to DeleteRequests to Opt-Out
Requests received:000
Requests complied with:000
Requests denied:000
Median response time (in days):000
 

Terms of Use

Terms of Use

Terms of Use

Last Updated: December 15th, 2020

Welcome to Constella. Please read on to learn the rules and restrictions that govern your use of our website (the “Site”). If you have any questions, comments, or concerns regarding these terms or the Site, please contact us at:

Email: info@constellaintelligence.com

Address: Constella Intelligence, Inc., 289 S. San Antonio Road, Suite 110, Los Altos, CA 94022, Attn: General Counsel

These Terms of Use (the “Terms”) are a binding contract between you and Constella Intelligence, Inc. (“Constella,” “we” or “us”). Your use of the Site in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Site or any part of it. These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies. Your use of or participation in certain product and services offered by Constella may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such products or services, you agree to also comply with all Additional Terms.

Please read these Terms carefully. They cover important information about the Site. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SITE ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITE IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Site, so these Terms may need to change along with our Site. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://constellaintelligence.com, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Site. If you use the Site in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Constella takes the privacy of its users very seriously. Read the current Constella Privacy Policy.

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Site or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@constellaintelligence.com.

What are the basics of using the Site?

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Site and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Site for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Site is prohibited by applicable laws, then you aren’t authorized to use the Site. We can’t and won’t be responsible for your using the Site in a way that breaks the law.

What about messaging?

As part of the Site, you may receive communications through the Site, including messages that Constella sends you (for example, via email). 

Are there restrictions in how I can use the Site?

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Site or interact with the Site in a manner that:

  1. infringes or violates the intellectual property rights or any other rights of anyone else (including Constella);
  2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Constella;
  3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. attempts, in any manner, to obtain the password, account, or other security information from any other user;
  5. violates the security of any computer network, or cracks any passwords or security encryption codes;
  6. runs Maillist, Listserv, any form of auto-responder or “spam” on the Site, or any processes that run or are activated while you are not logged into the Site, or that otherwise interfere with the proper working of the Site (including by placing an unreasonable load on the Site’s infrastructure);
  7. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Site or Content (through use of manual or automated means);
  8. copies or stores any significant portion of the Content; or
  9. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site.

A violation of any of the foregoing is grounds for termination of your right to use or access the Site.

What are my rights in the Site?

The materials displayed or performed or available on or through the Site, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Constella’s) rights.

Subject to these Terms, we grant each user of the Site a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Site. Use, reproduction, modification, distribution, or storage of any Content for any purpose other than using the Site is expressly prohibited without prior written permission from us. You understand that Constella owns the Site. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Site, or any part of it. The Site may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

What about anything I contribute to the Site – do I have to grant any licenses to Constella or to other users?

User Submissions

Anything you post, upload, share, store, or otherwise provide through the Site is your “User Submission.” Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Site. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Site any User Submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or violence; (vi) depict animal cruelty or violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.

Licenses

In order to display your User Submissions on the Site, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

By submitting User Submissions through the Site, you hereby do and shall grant Constella a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid, sublicensable, and transferable license to translate, use, edit, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer), truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Site. You also hereby do and shall grant each user of the Site a non-exclusive, perpetual license to access your User Submissions through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Site. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

You may from time to time provide suggestions, comments or other feedback to Constella with respect to the Site or Constella’s products or services (“Feedback”).  Feedback shall not create any confidentiality obligation for Constella notwithstanding anything else.  You hereby grant to Constella a nonexclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.

Who is responsible for what I see and do on the Site?

Any information or Content publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Site. We can’t guarantee the identity of any users with whom you interact in using the Site and are not responsible for which users gain access to the Site.

You are responsible for all Content you contribute, in any manner, to the Site, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Site may contain links or connections to third-party websites or services that are not owned or controlled by Constella. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Constella is not responsible for such risks.

Constella has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Site. In addition, Constella will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Site, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Constella shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on the Site, or between users and any third party, you agree that Constella is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Constella, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Site. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Will Constella ever change the Site?

We’re always trying to improve our Site, so it may change over time. We may suspend or discontinue any part of the Site, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Site. We reserve the right to remove any Content from the Site at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does the Site cost anything?

The Site may be free or we may elect to charge a fee for using portions of the Site. If you are using a free version of the Site, we will notify you before any Site you are then using begins carrying a fee, and if you wish to continue using that portion of the Site, you must pay all applicable fees for that portion of the Site and may be required to agree to additional terms.

What if I want to stop using the Site?

You’re free to do that at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Site.

Constella is also free to terminate (or suspend access to) your use of the Site for any reason in our discretion, including your breach of these Terms. Constella has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What else do I need to know?

Warranty Disclaimer. Constella and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Constella and all such parties together, the “Constella Parties”) make no representations or warranties concerning the Site, including without limitation regarding any Content contained in or accessed through the Site, and the Constella Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Site. The Constella Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Site. THE SITE AND CONTENT ARE PROVIDED BY CONSTELLA (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE CONSTELLA PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Constella Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Site, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or any account, in any way (by operation of law or otherwise) without Constella prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Constella and limits the manner in which you can seek relief from Constella. Both you and Constella acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Constella’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Santa Clara County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Constella will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Constella will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Constella may assert claims, if they qualify, in small claims court in Santa Clara County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND CONSTELLA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Constella are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Constella over whether to vacate or enforce an arbitration award, YOU AND CONSTELLA WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Constella is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt-out of the provisions of this Section by sending written notice of your decision to opt-out to the following address: Constella Intelligence, Inc., 289 S. San Antonio Road, Suite 110, Los Altos, CA 94022, Attn: General Counsel, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Constella to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Constella agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Santa Clara County, California, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Constella.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Site, provided that the Constella may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Constella agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Constella and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Constella, and you do not have any authority of any kind to bind Constella in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement, you and Constella agree there are no third-party beneficiaries intended under these Terms.

Six Steps Protect Corporations From Digital Risk

6 Steps for Digital Risk Protection to Safeguard Your Data

Improve your cybersecurity hygiene and reduce exposure.

Digital risk means compromised credentials or other sensitive data falls into the wrong hands, and it can have serious financial consequences as well as negatively impact your brand reputation.

Protect your employees and organization from digital risk such as credential theft and data leakage that could lead to account takeover, ransomware, and other cyber threats by employing these 6 Steps for digital risk protection:

Prevent identity thieves from impersonating key staff and executives.

Mandate the use of virtual private networks (VPNs), password management applications that automatically change passwords, and multifactor authentication (MFA). Secure, encrypted, remote access to the company’s network reduces the potential for unauthorized access.

Protect corporate brands from online disinformation campaigns.

Continuously monitoring the internet and the Dark Web for organized activity that impersonates or misrepresents your brand. Advance warning alerts protect your corporate reputation from digital risk before it’s too late.

Protect personally identifiable information (PII) for Key Employees and their families.

Proactive employee monitoring uncovers employee compromised credentials for sale on the Dark Web – before phone numbers, locations, and other information can be used to build impersonation profiles.

Minimize ransomware and ATO attacks by securing sensitive employee data and accounts.

Wherever that data might reside. Corporate computers, tablets, and smartphones need standardized security directed by a centralized internal authority. Strongly consider extending protection to personal devices for executives and essential staff.

Strictly segregate corporate and personal devices and accounts.

Avoid using personal laptops or devices for work purposes to ensure that poor digital risk protection & data hygiene outside the office does not put your business at risk.

Mandate cybersecurity awareness training of all employees.

Ongoing training and regular reviews will combat compliance fatigue. Consider ongoing incentives to ensure continued good practices and rapid recognition and reporting for suspicious emails, texts, files, or activity.

Finally, treat this process as a continuous cycle for digital risk protection and reduction rather than a final checklist. Go back to the beginning regularly, starting with a Cyber Exposure Risk Assessment to see if you or your company is at risk.

These steps’ powerful benefits include:

  • Corporate and personal protection for brand equity, finances, credit ratings, and reputation
  • Fewer spam and phishing emails
  • Lower risk of account compromise or credential theft
  • Better control over personal and corporate data usage across the internet

Find out if you have been exposed – FREE.


CHECK YOUR EXPOSURE RISK

Exposure Risk 404

Exposure Risk 404

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Thank you for your interest in Constella’s Free Exposure Risk results. As Constella is committed to protecting your privacy and data, we only keep your data for two weeks. This link has expired.

Still interested in getting Free Exposure Risk results?

If so, please re-submit your email address and company name here , and we’ll deliver your exposure results in minutes!

Constella Intelligence and Telefónica Tech Announce Partnership

Constella Intelligence and Telefónica Tech Announce Partnership to Increase Digital Protection for Customers

PRESS RELEASE

Both companies announced at the RSA Conference 2022 that they will combine Constella’s data lake with Telefónica Tech’s Cloud, Cybersecurity and Artificial Intelligence services to offer consumers and small and medium-sized businesses the highest level of protection against digital threats.

Los Altos (Calif, EEUU) y Madrid (Spain), 08 June 2022 — Today, Telefónica Tech, Telefónica’s digital business unit, and Constella Intelligence, a leader in digital risk protection and identity threat intelligence, announce within RSA Conference a strategic partnership that will combine Constella’s extensive data lake with Telefonica Tech’s cloud, cyber security and AI services. This collaboration offers Telefónica Tech customers enhanced digital threat protection to consumers and small and medium enterprises (SMEs), in the wake of increased cyberattacks and data breaches resulting from increased exposure and a rapidly transforming digital ecosystem.

Telefónica Tech and Constella take another step forward in their robust relationship and will work together to deliver integrated cyber security support and identity and threat protection, among other services. Telefónica Tech customers will be able to benefit from this alliance, unlocking new capabilities to dive deeper into personal data and identity protection and cyber security.

Constella’s technology will enable unmatched coverage, threat anticipation, and protection through its industry-leading data lake–powered by the most extensive curated breach data collection and social analytics reach on the planet, consisting of over 131 billion attributes and 66 billion compromised identity records spanning 125 countries and 53 languages.

Telefónica Tech’s ability to provide customised cyber security services worldwide will enable it to build and deliver solutions that incorporate early warning of data theft on the internet as part of its protection value proposition. This is a further step in Telefónica Tech’s goal to strengthen its cybersecurity portfolio with “360” protection capabilities covering its customers’ devices, data and identities.

Constella’s most recent research shows how consumers, employees, executives, and brands are at increased risk of cyber hostilities—with new insights highlighting that the price of fraudulent credentials sold in dark marketplaces increased 100% year over year. Meanwhile, 78% of executives at companies within the Dow Jones index have fallen victim to data breaches and cyber infiltration.

A Telefónica study also indicates a growing interest among consumers and the self-employed in identity protection services, with more than 75% of consumers and the self-employed finding them of interest.

“At Telefónica Tech we are one step ahead by offering a unique cybersecurity and cloud value proposition because we understand that there is no digitalisation without cyber security. The alliance with Constella reinforces our security capabilities to offer the highest level of protection to companies, thanks to the knowledge that the integration of their data lake in our technologies will provide us, says María Jesús Almazor, CEO of Cybersecurity and Cloud at Telefónica Tech.

“Our digital world is rapidly changing. We are currently witnessing a profound convergence of individual, business, and geopolitical risk in the face of global crises,” said Constella Intelligence CEO, Kailash Ambwani. “Constella’s partnership with Telefónica Tech will multiply our capabilities and innovation as we confront the emerging challenges of our era.”

Watch the announcement video.


ABOUT CONSTELLA INTELLIGENCE

Constella Intelligence is a global leader in Digital Risk Protection, safeguarding 30M+ global users at some of the world’s largest organizations, including 5 of the top 10 U.S. banks. Our solutions are a unique combination of proprietary data, technology, and human expertise to anticipate, identify, and remediate targeted threats to your people, your brand, and your assets at scale—powered by the most extensive breach and social data collection on the planet from the surface, deep and dark web, with over 131 billion attributes and 66 billion compromised identity records spanning 125 countries and 53 languages.

ABOUT TELEFONICA TECK

Telefónica Tech is the leading company in digital transformation. The company has a wide range of services and integrated technological solutions for Cybersecurity, Cloud, IoT, Big Data, or Blockchain. For more information, please visit: https://telefonicatech.com/

DMP Terms of Service

Domain Monitoring Portal Terms of Service

Constella Intelligence, Inc.

End User License Agreement

EULA Last Updated: April 20, 2022

1. Introduction.
This End User License Agreement (this “EULA”) applies by and between Constella Intelligence, Inc. (“Constella”, “we”, or “us”) and the customer/user (the “Customer”, or “you”) who is accessing or using one or more Applications (as defined below). By accessing or using any Application, you agree to be bound by this EULA. If you do not agree to this EULA, you are not allowed to access or use any Application. The “Effective Date” of this EULA is the date you first access or use any Application.

If you are accessing or using an Application in your capacity as an employee, consultant or agent of the contracting entity, you represent that you are an employee, consultant or agent of that entity, and that you have the authority to bind that entity to this EULA. For the purpose of this EULA, you (and, if applicable, the entity that you represent) will be referred to as “Customer” or “you”.

Constella reserves the right to change or modify this EULA, or any of our other policies or guidelines, at any time upon notice to you. We may provide that notice in a variety of ways, including, without limitation, sending you an email or posting the revised EULA on Constella’s web site and revising the date at the top of this EULA. Any changes or modifications will be effective after we provide notice that this EULA has been modified. You acknowledge that your continued access or use of any Application following such notice constitutes your acceptance of the modified EULA.

This EULA forms a binding agreement between you and Constella.

1. Definitions.
1.1 “Application” means, individually and collectively, each of the Constella-proprietary applications made available to Customer hereunder. The current list of available Applications is set forth at https://constellaintelligence.com.

1.2 “Call Limits” means the limits, if any, set forth in the Order Form regarding the number of seats, tasks, queries or calls that you are authorized to use or make via the applicable Application, and/or the amount of data you are authorized to store on, or transfer to or from, Constella’s servers.

1.3 “Client” means a client of Customer (whether directly or through multiple tiers) to whom Customer is providing products or services that utilize, include, or reference the Constella Data, or any other element of an Application.

1.4 “Constella Data” means any and all data that is made available to you as a result of your use of or access to the Application.

1.5 “Customer Data” means any data or other content that you either: (i) publish, upload to, or use in conjunction with an Application; (ii) make available in conjunction with an Application, or (iii) allow an Application to access.

1.6 “Customer Systems” means any of your (or your contractors’ or agents’) computer systems that are used in conjunction with the Application or any Constella Data.

1.7 “Documentation” means any manuals, guides, documentation and other supporting materials related to an Application that Constella makes generally available to our customers. Documentation is considered part of the applicable Application.

1.8 “Fees” means, collectively: (i) the fees that you are required to pay us to use and/or access an Application during the applicable Subscription Term, as such fees are reflected on each applicable Order Form; and (ii) the fees that you are required to pay us for any Professional Services you engage us to perform, as such fees are reflected on each applicable SOW or Order Form.

1.9 “Intellectual Property Rights” means patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how and any other intellectual property rights recognized in any country or jurisdiction in the world.

1.10 The “Order Form” means the form you use to order Application(s) and/or Professional Services. Upon execution by the parties, each Order Form will be subject to this EULA. For the avoidance of doubt, an online or electronic form made available by Constella through its websites or platforms, that is filled out and submitted by Customer (e.g., by means of marking a checkbox, clicking an acceptance button or any other means of similar nature) shall be deemed to be a validly executed Order Form subject to this EULA. In the event of a conflict between this EULA and the terms of an Order Form, this EULA will prevail, notwithstanding any language to the contrary in the Order Form.

1.11 “Professional Services” means training, consulting, or implementation services that we provide to you pursuant to an Order Form or Statement of Work. Professional Services do not include support, or any Application.

1.12 “Purpose” means the specific purpose(s) for which you are permitted to use each Application, as set forth in the applicable Order Form.

1.13 “Reports” means, collectively, any reports that are created through your use of an Application.

1.14 “Statement of Work” or “SOW” means a mutually executed statement of work detailing the Professional Services we will perform for you, their price, and your related obligations (if any). Upon execution by the parties, each SOW will be subject to this EULA.

1.15 “Subscription Term” means the time period set forth on the Order Form that you will allowed to use the Application. If no time period is set forth on the Order Form, the Subscription Term will be one (1) year from the date of last signature of the Order Form.

1.16 “Third Party Services” means, collectively, any applications, interfaces, software, or services not operated or provided by Constella.

2. Application.

2.1 Access Grant. Subject to your continued compliance with this EULA (including, among other things, paying all applicable Fees), Constella grants you a limited, non-transferable, non-exclusive license to access and use each Application that you have ordered in the applicable Order Form for the applicable Subscription Term, solely for the Purpose, and subject to the Call Limits set forth in the Order Form. The Application will be deemed accepted when made to available to Client pursuant to this EULA.

2.2 Restrictions. As between the parties, Constella owns all right, title and interest in and to each Application and the Constella Data, and all Intellectual Property Rights therein. Constella reserves all rights not expressly granted to you in this EULA. You acknowledge and agree that you may not, unless otherwise expressly permitted in this EULA or in the applicable Order Form: (a) modify, disclose, alter, translate or create derivative works of any Application, or any Constella Data; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of any Application or any Constella Data (or any components thereof); (c) offer any part of an Application or the Constella Data on a timeshare or service bureau basis; (d) allow or permit any third party to access or use an Application or the Constella Data; (e) use an Application to store or transmit any viruses, software routines, or other code designed to permit anyone to access in an unauthorized manner, disable, erase or otherwise harm software, hardware, or data, or to perform any other harmful actions; (f) build a competitive product or service, or copy any features or functions of an Application (including, without limitation, the look-and-feel of an Application) or the Constella Data; (g) interfere with or disrupt the integrity or performance of an Application; (h) publicly disclose to any third party any performance information or analysis relating to an Application; (i) remove, alter or obscure any proprietary notices in or on an Application or any Constella Data, including copyright notices; (j) use an Application, the Constella Data, or any product thereof for any illegal or unauthorized purpose, or in a manner which violates applicable law or regulation; (k) use an Application or the Constella Data for any purpose other than the Purpose set forth in this EULA and the applicable Order Form; (l) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms that make up an Application or any software, documentation, or data relating to an Application, except to the limited extent that applicable law prohibits such a restriction; (m) to the extent that the license provides a specific number of seat licenses, allow multiple users to use the same seat license (notwithstanding the foregoing, you can transfer seat licenses from one use to another); or (n) cause or permit any third party (including, without limitation, any Client) to do any of the foregoing.

2.3 Exceeding Call Limits. If you exceed the Call Limits set forth in an applicable Order Form, Constella may, in its sole discretion and at is option, and in addition to any other rights or remedies available to it at law or in equity: (i) elect to charge Constella’s then-current rates for any overages; or (ii) suspend your use of the Application until the Call Limits are no longer exceeded.

2.4 Right to Modify the Application. You acknowledge that we reserve the right – at any time, and without notice or liability to you – to modify each Application, or any part of it, temporarily or permanently. We may modify an Application for a variety of reasons, including, without limitation, for the purpose of providing new features, implementing new protocols, maintaining compatibility with emerging standards, or complying with regulatory requirements. Except where so required to comply with regulatory requirements, we will not modify an Application in any way that materially decreases its features or functionality during the then-current Subscription Term.

2.5 Registration. Promptly after the execution of each Order Form, we will make the Application(s) available to you. You will be required to provide accurate, current and complete information about you as part of the registration process that enables you to access each Application (“Registration Data”). You agree: (i) to maintain the security of your password(s) that you use to access each Application; (ii) to maintain and promptly update your Registration Data (as well as any other information you provide to us) and to keep it accurate, current and complete; (iii) to accept all risks of unauthorized access to your Registration Data, and any other information you provide to us, via your account(s) or password(s); (iv) that you are responsible for maintaining the security of your account and safeguarding your password(s); and (v) that you will be fully responsible for any activities or transactions that take place using your account(s) or password(s).

2.6 Third Party Services (Hunter Application Only). You may elect to access or use one or more Third Party Services in conjunction with your use of the “Hunter” Application. Constella is not responsible for the operation of any Third Party Services, nor the availability or operation of the “Hunter” Application to the extent that you make such availability and/or operation dependent upon the proper functioning of any Third Party Services. You are solely responsible for procuring any and all rights and licenses necessary for you to access any Third Party Services, and for complying with any applicable terms or conditions thereof. We do not make any representations or warranties with respect to any Third Party Services, or the providers thereof. Any exchange of data or other interaction between you and a Third Party Service is at your sole risk, and any such exchange will be governed solely by such the Third Party Services’ terms and conditions.

2.7 Data Processing Amendment; Acceptable Use Policy. The parties agree to the terms of the Data Processing Amendment (the “DPA”), found at https://constellaintelligence.com/dpa. You understand and agree that your use of each Application is at all times subject to your compliance with the then-current Acceptable Use Policy (the “AUP”), found at https://constellaintelligence.com/aup. The DPA and AUP are hereby incorporated into this Agreement by this reference.
When you access or use Application(s) that enable executive protection services, you will input personal and confidential information of one or more of your executives, and collect, track, and monitor data that may be available online concerning that executive. To the extent that you access or use Application(s) that enable executive protection services, you represent and warrant as follows: (i) that you have obtained all necessary permissions from each executive to (A) upload their personal data to the Application, and (B) collect, track, and monitor data that may be available online concerning that executive; (ii) that you will not use the Application for any purpose other than the limited evaluation set forth herein; and (iii) that your use of the Application will comply with all applicable laws and regulations.

2.8 Support. Provided that you have paid all applicable Fees, we will provide you with support for each Application, as more fully described in and in accordance with the support terms set forth at https://constellaintelligence.com/support (the “Support Terms”). Standard support may be included in the cost of the Application, while premium support may be obtained for an additional fee. To the extent that you are slated to receive support in the relevant Order Form, you will receive such support in accordance with the Support Terms, which are incorporated by reference into this EULA. You will provide us with access to any Customer Systems necessary for us to provide support. For the avoidance of doubt: (i) we will not be liable for any failure to provide support that is due to your failure to provide us with all necessary access to Customer Systems; and (ii) you at all times are and will be responsible for all aspects of any Customer Systems.

2.9 Ownership; Feedback. As between the parties, Constella retains all right, title, and interest in and to each Applications and the Constella Data, and all Intellectual Property Rights therein. We reserve all rights not expressly granted to you in this EULA. You acknowledge that, to the extent that you provide us with any suggestions, comments, or other feedback with respect to any Application or any other Constella product or service (collectively, “Feedback”), you grant us a perpetual, irrevocable, royalty-free, fully paid up, sublicensable right and license to fully exploit such Feedback for any purpose, without restriction.

3. Customer Data. As between the parties, you own your Customer Data. You acknowledge and agree that you are fully responsible for the Customer Data, irrespective of whether you were the original creator of the Customer Data. By making the Customer Data available to us or to the Application, you grant us a worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt and publish the Customer Data for the purpose of providing the Application to you. By making Customer Data available to us or to the Application, you represent and warrant that: (i) the Customer Data does not and will not infringe, violate or misappropriate the Intellectual Property Rights of any third party; (ii) you have obtained all rights and permissions necessary to use the Customer Data in the manner in which you have used it; (iii) the Customer Data does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive code; and (iv) our use of the Customer Data for the purpose of providing the Application does not and will not (a) violate any applicable law or regulation, or (b) infringe, violate, or misappropriate the Intellectual Property Rights of any third party.

4. Government Users. We do not develop any technical data or computer software pursuant to this EULA. The Application and Documentation have been developed solely with private funds, are considered “Commercial Computer Software” and “Commercial Computer Software Documentation” as described in FAR 12.212, FAR 27.405-3, and DFARS 227.7202-3, and access is provided to U.S. Government end users as restricted computer software and limited rights data. Any use, disclosure, modification, distribution, or reproduction of the Application or Documentation by the U.S. Government, its end users or contractors is subject to the restrictions set forth in this EULA.

5. Professional Services. From time to time during the term of this EULA, you may order Professional Services from us via an Order Form or an SOW. If an SOW is required to more fully define or detail any Professional Services ordered via an Order Form, the parties will execute an SOW for that purpose (for the sake of clarity, however, the lack of an SOW will in no way impact the validity of Professional Services ordered via an Order Form, or your obligation to pay for those Professional Services). Each SOW will be binding once both parties sign it, and the parties agree that any Professional Services we provide to you (whether pursuant to a SOW or not) will be provided pursuant to this EULA. In the event of any conflict between the terms of this EULA and any SOW, this EULA will control. Provided you comply with the terms of this EULA (including, among other things, paying us the Fees), we will perform the Professional Services described in each SOW, according to the timeframes set forth in that SOW. We will control the manner and means by which the Professional Services are performed, and we reserve the right to determine which personnel we assign to perform Professional Services for you. Provided we remain responsible for all of their acts and omissions, we can use third parties to help us perform the Professional Services. You acknowledge that we retain all right, title and interest in and to anything we use or develop in connection with performing Professional Services for you, including, among other things, software programs, tools, specifications, ideas, concepts, inventions, processes, techniques, and know-how. To the extent that we deliver anything to you during the course of performing Professional Services (collectively, “Deliverables”), we grant you a non-exclusive, non-transferable, worldwide, royalty-free, limited-term license to use the Deliverables during the term of this EULA, solely in conjunction with your use of the Application. You may not copy, modify, or otherwise create derivative works of any Deliverables without our prior written consent in each case. To the extent that we provide you with Reports, you may freely use the content of such Reports (even if you are not using an Application), provided that such use is for the Purpose.

6. Payment. You agree to pay us all applicable Fees in full, without deduction or setoff of any kind, in U.S. Dollars, within thirty (30) days of the date of the invoice. Application-related Fees are payable in accordance with the terms set forth in the applicable Order Form. Amounts payable under this EULA are nonrefundable, except as otherwise expressly set forth herein. If you do not pay us on time, in addition to any other rights we may have at law or in equity, we reserve the right to suspend your access to the Application, we reserve the right to charge you interest on past due amounts at 1.5% per month or the highest rate allowed by law, whichever is less, and to additionally charge all expenses of recovery.

7. Taxes. The Fees to be paid to Constella under this EULA are exclusive of any taxes, fees and duties or other amounts, however designated, and including without limitation value added and withholding taxes which are levied or based upon such charges, or upon this EULA (other than taxes based on the net income of Constella). You will pay all sales, use, value-added and other taxes, and all customs, duties and tariffs now or hereafter claimed or imposed by any governmental authority upon the license of the Application to you, or upon payments to us under this EULA, or you will present an exemption certificate acceptable to the taxing authorities. Except for income taxes levied on Constella, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us under this EULA. The purpose of this subsection is to preserve the payments to us from being reduced because of withholding taxes, duties and other taxes and assessments which may be imposed by a jurisdiction in which you operate or are otherwise subject to taxation.

8. Term and Termination.

8.1 Term. This EULA begins on the Effective Date and, unless terminated earlier as provided for herein, will remain in effect for as long as there is a Subscription Term, Order Form, or SOW for Professional Services outstanding. Each Order Form (or that portion of the Order Form) that you use to order an Application will automatically renew (and we may automatically invoice you) for additional Subscription Terms of equivalent length, unless one party provides written notice to the other at least sixty (60) days prior to the expiration of the then-current Subscription Term that it wishes to terminate the applicable Order Form at the end of the then-current Subscription Term. Neither SOWs nor those portions of Order Forms that you use to order Professional Services will automatically renew. We reserve the right to modify the Fees for each Application at any time upon sixty (60) days’ prior written notice to you, provided that the modified Fees will not apply until the next Subscription Term. If we do not inform you of a specific price increase for a new Subscription Term, you acknowledge and agree that the Application Fees for each new Subscription Term will automatically increase by the greater of (i) five percent (5%), or (ii) the percentage increase in the Consumer Price Index over the most recent Subscription Term.

8.2 No Termination for Convenience. We offer our Applications on an annual subscription basis. With that in mind, you cannot terminate any Order Form for your convenience during the applicable Subscription Term.

8.3 Termination for Cause. Either party can terminate this EULA, any Order Form or SOW for cause immediately upon written notice to the other if the other party breaches any part of this EULA or the applicable Order Form or SOW and fails to cure the breach within thirty (30) days of receiving written notice of it from the non-breaching party. We reserve the right to terminate this EULA or any Order Form or SOW for cause immediately upon written notice to you, and without giving you a cure period, if you breach any of the terms of this EULA relating to our intellectual property (including your compliance with the license/access grant and any license/access restrictions) or our Confidential Information (defined below).

8.4 Right to Suspend Access to Application. Without limiting any of our other rights in this Section 8, we have the right, in our sole discretion, to suspend your ability to access the Application (in whole or in part), without liability, under the following circumstances: (i) for scheduled or emergency maintenance to the Application, or any part thereof; (ii) if we reasonably believe that you are using the Application or the Constella Data in violation of this EULA or applicable law; (iii) if we reasonably believe that your use of the Application poses a security risk to us or to any third party; (iv) if required by law enforcement or government agency, or otherwise in order to comply with applicable law or regulation; (v) if you are using the Application or Constella Data other than for the Purpose; or (vi) if you fail to fulfill your payment obligations hereunder.

8.5 Effect of Termination. When this EULA or any Order Form or SOW terminates or expires: (i) you will no longer have the right to use or access the Application identified in the terminated/expired Order Form as of the date of termination/expiration; (ii) all licenses we grant you in this EULA or the Order Form, as applicable, will immediately cease to exist as of the date of termination/expiration; (iii) if you owed us any Fees prior to such termination/expiration, you will pay those Fees in accordance with this EULA; (iv) except as otherwise set forth in Section 8.6 below, we may delete your Customer Data, and we will not be responsible or liable to you if you are unable to access or recover your Customer Data following termination/expiration; and (v) each of us will promptly return to the other (or, if the other party requests it, destroy) all Confidential Information belonging to the other. Sections 1, 2.2, 2.9, 6, 7, 8.5, 8.6, 9.2, and 10 through 14 will survive the termination or expiration of this EULA for any reason.

8.6 Data Retention. You may request the destruction of Customer Data in our possession or control, provided that you provide us with formal written notice of such request within ninety (90) days of the termination or expiration of this EULA, and further provided that you promptly respond to our requests for additional information relating thereto. At the conclusion of this ninety (90) day period, Constella may, at its sole discretion, elect to destroy the Customer Data. In the event that you make a request of us pursuant to this Section 8.6, we will use our reasonable efforts to comply with the request within five (5) business days of receiving it, and we will confirm once the Customer Data has been destroyed.

9. Limited Warranty; Disclaimer.

9.1 Limited Warranty. Constella represents and warrants solely to you that: (i) Constella has the power and authority to enter into this EULA and to perform its obligations hereunder; (ii) Constella’s performance under this EULA will not conflict with obligations it has to any third party; (iii) Constella has the right to provide access to the Application(s) and the Constella Data as provided herein; and (iv) Constella will provide support pursuant to this EULA in a professional and workmanlike manner.

9.2 Disclaimer. THE LIMITED WARRANTIES SET FORTH ABOVE ARE THE ONLY WARRANTIES WE MAKE WITH RESPECT TO EACH APPLICATION, THE CONSTELLA DATA, THE SUPPORT, AND THE PROFESSIONAL SERVICES. YOU ACKNOWLEDGE THAT, EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, EACH APPLICATION, THE CONSTELLA DATA, SUPPORT, AND PROFESSIONAL SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF EACH APPLICATION, THE CONSTELLA DATA, SUPPORT, AND THE PROFESSIONAL SERVICES ARE AT YOUR SOLE RISK. CONSTELLA DOES NOT WARRANT: (I) THAT ANY APPLICATION, THE CONSTELLA DATA, SUPPORT, OR PROFESSIONAL SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THAT ANY APPLICATION, THE CONSTELLA DATA, SUPPORT, OR PROFESSIONAL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY APPLICATION, THE CONSTELLA DATA, SUPPORT, OR THE PROFESSIONAL SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH ANY APPLICATION, SUPPORT, THE CONSTELLA DATA, OR PROFESSIONAL SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) THAT ANY ERRORS IN ANY APPLICATION, SUPPORT THE CONSTELLA DATA, OR PROFESSIONAL SERVICES WILL BE CORRECTED. CONSTELLA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10. Indemnification.

10.1 Constella Indemnity. Constella agrees to defend (or settle, at Constella’s option and expense), indemnify and hold Customer (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (whether at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and reasonable expenses (including, without limitation, reasonable attorneys’ fees, costs, penalties, interest and disbursements) arising out of or relating to any third-party claim brought against Customer to the extent that it is based on an allegation that Customer’s use of the Application as permitted under this EULA infringes a U.S. patent or copyright or misappropriates a trade secret of any third party (each, a “Claim”), provided that Customer notifies Constella in writing of any such Claim as soon as reasonably practicable and allows Constella to control, and reasonably cooperates with Constella in the defense of, any such Claim and related settlement negotiations. Constella will have no obligation to indemnify Customer for any Claim that is based upon (i) the modification of the Application or the Constella Data, unless Constella or its designee were the ones who made the modifications; (ii) Customer’s use of the Application or the Constella Data other than as authorized by this EULA, the Order Form, or the applicable Documentation; or (iii) the combination, operation or use of the Application or the Constella Data with equipment, devices, software, systems, or data that Constella did not supply or authorize in writing, unless the Claim would have arisen irrespective of such combination, operation, or use. If Customer’s use of the Application is, or in Constella’s reasonable opinion is likely to be, subject to a Claim under this Section 10.1, Constella may, at its sole option and at no charge to Customer (and in addition to Constella’s indemnity obligation to Customer in this Section 10.1): (i) procure for Customer the right to continue using the Application; (ii) replace or modify the Application so that it is non-infringing; or (iii) if options (i) and (ii) above are not commercially practicable in Constella’s reasonable estimation, Constella may terminate this EULA and/or all affected Order Forms (in which event, Customer will immediately stop using the affected Application) and refund any pro-rata portion of the prepaid Fees that Customer paid to Constella for the then-current Subscription Term for each terminated Order Form. THIS SECTION 10.1 SETS FORTH CONSTELLA’S SOLE AND EXCLUSIVE OBLIGATIONS, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

10.2 Customer Indemnity. Except to the extent that Constella owes an indemnity to Customer pursuant to Section 10.1 above, Customer agrees, at its sole expense, to defend, indemnify and hold Constella (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (whether at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, costs, penalties, interest and disbursements) arising out of or relating to (i) the Customer Data; (ii) Customer’s use of the Application, the Constella Data, or any Professional Services; (iii) Customer’s failure to pay any taxes owed under this EULA; (iv) Customer’s provision of products or services to any Client; and (v) any other actual or alleged breach of any of Customer’s obligations under this EULA. Customer will not settle any such claim in any manner that would require Constella to pay money or admit wrongdoing of any kind without Constella’s prior written consent, which Constella may withhold in its sole discretion.

11. Limitation of Liability

11.1 Limitation of Total Liability.
 UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL CONSTELLA’S TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF ANY APPLICATION, THE CONSTELLA DATA, OR THE PROFESSIONAL SERVICES EXCEED THE TOTAL AMOUNT OF FEES YOU ACTUALLY PAID TO CONSTELLA UNDER THE AFFECTED ORDER FORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.

11.2 Waiver of Consequential Damages. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL CONSTELLA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH THIS EULA OR YOUR USE (OR INABILITY TO USE) ANY PART OF ANY APPLICATION, THE CONSTELLA DATA, OR THE PROFESSIONAL SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CONSTELLA HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Basis of Bargain. THIS SECTION (LIMITATION OF LIABILITY) WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS EULA IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. Confidential Information.

12.1 Definition. For the purposes of this EULA, “Confidential Information” means any technical or business information disclosed by one party to the other that: (i) if disclosed in writing, is marked “confidential” or “proprietary” at the time of disclosure; (ii) if disclosed orally, is identified as confidential or proprietary at the time of such disclosure, and is summarized in a writing sent by the disclosing party to the receiving party within thirty (30) days of the disclosure; or (iii) irrespective of the manner of disclosure, which the receiving party should reasonably understand to be confidential or proprietary to the disclosing party. For the purposes of this EULA, you agree that the Feedback, any Deliverables we provide to you, and any non-public elements of each Application (including, without limitation, the source code of any Constella-proprietary software), will be deemed to be Constella’s Confidential Information, regardless of whether it is marked as such. Customer Data will be considered Customer’s Confidential Information, regardless of whether it is marked as such.

12.2 Restrictions on Use and Disclosure. Neither of us will use the other party’s Confidential Information, except as permitted under this EULA. Each of us agrees to maintain in confidence and protect the other party’s Confidential Information using at least the same degree of care as it uses for its own information of a similar nature, but in all events at least a reasonable degree of care. Each of us agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other party’s Confidential Information, including, without limitation, disclosing Confidential Information only to its employees, independent contractors, consultants, and legal and financial advisors (collectively, “Representatives”): (i) with a need to know such information, (ii) who are parties to appropriate agreements sufficient to comply with this Section 12, and (iii) who are informed of the nondisclosure obligations imposed by this Section 12. Each party will be responsible for all acts and omissions of its Representatives. The foregoing obligations will not restrict either party from disclosing Confidential Information of the other party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable them to contest such order or requirement.

12.3 Exclusions. The restrictions set forth in Section 12.2 will not apply with respect to any Confidential Information that: (i) was or becomes publicly known through no fault of the receiving party; (ii) was rightfully known or becomes rightfully known to the receiving party without confidential or proprietary restriction from a source other than the disclosing party who has a right to disclose it; (iii) is approved by the disclosing party for disclosure without restriction in a written document which is signed by a duly authorized officer of such disclosing party; or (iv) the receiving party independently develops without access to or use of the other party’s Confidential Information.

13. Trademarks. You acknowledge and agree that any Constella names, trademarks, service marks, logos, trade dress, or other branding included as part of the Application or on our website(s) (collectively, the “Marks”) are owned by Constella and may not be copied, imitated, or used (in whole or in part) without Constella’s prior written consent. All other trademarks, names, or logos referenced as part of the Application or on our website(s) (collectively, “Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inure to the benefit of their respective owners. The use of such Third-Party Trademarks is intended to denote interoperability, and does not constitute an affiliation by Constella or its licensors with any company or an endorsement or approval by that company of Constella, its licensors, or their respective products or services. At no time during or after the term of this EULA will Customer challenge or assist others to challenge any Marks or the registration thereof, or register or attempt to register any marks or trade names that are confusingly similar to those of Constella.

14. Trial and freemium subscriptions
Constella may, at its sole discretion, offer trial and freemium subscriptions to allow you to use certain Application(s) and/or Professional Services at no cost (or at lower cost). Use of an Application and/or Professional Service under a trial or a freemium subscription may be subject to limitations. By way of illustration, functionalities and information available to a Customer that is using a trial or a freemium subscription may be capped. In addition to the foregoing, trial and freemium subscriptions may have a limited term (e.g., thirty (30) days). When the trial or freemium subscription is subject to a limited term, you will no longer have a right to use the Application(s) and/or Professional Services upon expiry of said term. When the trial or freemium subscription is not subject to a limited term (i.e., when Customer has not been informed of the existence of a limited term at the time of subscription to the trial or freemium subscription), the trial or freemium subscription shall remain in force (i) until the date Customer upgrades to a regular subscription, (ii) until terminated by Constella, at any time and with immediate effect, by means of written notice to you, or (iii) until terminated by Customer at any time and with immediate effect, by means of written notice to Constella. For the avoidance of doubt and regardless of Section 8.2, termination for convenience is expressly allowed in the case of trial and freemium subscriptions. As upgrading from a trial or freemium subscription to a regular subscription may allow Customer to access further functionalities and information of the Application(s) and/or Professional Services, Constella may, at its sole discretion, request Customer to undergo a stricter validation process before accepting an upgrading request from Customer. Said validation process may include, among others (i) providing additional information or documentation with respect to your authority to act on behalf of the entity you represent, (ii) entering into further conversations with Constella’s sales team (or any other team), etc. All provisions of this EULA shall apply under identical terms to trial and freemium subscriptions to the extent that said provisions (i) do not contravene what is stated in this Section 14, or (ii) are, by its very nature, non-applicable to trial and freemium subscriptions (e.g., payment obligations under Section 6). Notwithstanding the foregoing, at the time of subscribing to a trial or freemium subscription, Customer may be asked to accept other particular terms which will prevail over this EULA (including this Section 14) in the event of conflict.

15. General Provisions.

15.1 Entire Agreement; Amendments; No Other Terms. This EULA, including each link referenced herein, along with each Exhibit and mutually-executed Order Form and SOW, constitutes the complete and exclusive understanding of the parties with respect to its subject matter, and supersedes all previous or contemporaneous agreements or communications, whether written or oral, relating to its subject matter. As noted above, Constella reserves the right to change or modify this EULA, or any of our other policies or guidelines, at any time upon notice to you. This EULA is the only agreement between us, and the terms of any purchase order, written terms or conditions, or other document that you send to us that contains terms that are different from, in conflict with, or in addition to the terms of this EULA are hereby rejected by Constella, and will be void and of no effect.

15.2 Governing Law and Jurisdiction. This EULA will be governed by and construed in accordance with the laws of the State of California, without regard to that State’s conflict of law principles. Any legal action or proceeding arising under, related to or connected with this EULA will be brought exclusively in the federal (if they have jurisdiction) or state courts located in Santa Clara County, California, and the parties irrevocably consent to the personal jurisdiction and venue of such court(s). The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply to this EULA. If a party initiates any proceeding regarding this EULA, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs.

15.3 Assignment. Neither party may assign this EULA, in whole or in part, by operation of law or otherwise, without the prior written consent of the other party, and any attempted transfer, assignment or delegation without such consent will be void and of no effect. Notwithstanding the foregoing, however, each party may assign this EULA in its entirety, upon written notice but without the requirement to obtain consent, to an affiliate of that party or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of that party’s business or assets. Subject to the foregoing, this EULA will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

15.4 Controlling Language. The original version of this Agreement is drawn up in English, and the English version of this Agreement shall prevail in the event of any conflict with any version of this Agreement or portion thereof that has been translated into another language (including Spanish).

15.5 Miscellaneous. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies will be without prejudice to its other remedies under this EULA or otherwise. The failure by a party to enforce any part of this EULA will not constitute a waiver of future enforcement of that or any other provision. Any waiver of any provision of this EULA will be effective only if in writing and signed by an authorized representative of the waiving party. You acknowledge that you are responsible for complying with all applicable laws and regulations associated with your access and use of each Application and the Constella Data, including, without limitation, all applicable data privacy, security, and export control laws and regulations. If any portion of this EULA is held to be unenforceable or invalid, that portion will be enforced to the maximum extent possible, and all other provisions will remain in full force and effect. Except for payments due under this Agreement, neither party will be responsible for any delay or failure to perform that is attributable in whole or in part to any cause beyond its reasonable control. The parties are independent contractors with respect to the subject matter of this EULA. Nothing contained in this EULA will be deemed or construed in any manner whatsoever to create a partnership, joint venture, employment, agency, fiduciary, or other similar relationship between us, and neither party can bind the other contractually.

Telco Sector Exposures Press Announce

Constella Intelligence Research Detects Significant Exposed Data Records Rampant Cyber Breaches for Top Fortune Global 500 Telecommunications Companies

PRESS RELEASE
LOS ALTOS, Calif., March 1, 2022 — Today, Constella Intelligence (“Constella”), a leader in Digital Risk Protection and Identity Threat Intelligence, announced the release of its Mobile World Congress 2022 Exclusive Report: Telcos & Digital Identity Cyber Risks. The report expands upon Constella’s 2021 Identity Breach Report, outlining new findings regarding exposures, breaches, and leakages within the telecommunications (“Telco”) sector. The analysis specifically reviewed the credentials of employees and executives from the top twenty Telco companies on the Fortune Global 500 list. Constella’s threat intelligence team analyzed data from January 2018 through September 2021, working to understand the digital vulnerabilities that Telco companies face due to exposed records through leakages and data breaches. Among the surface, deep and dark web, Constella’s team identified 4,873 breaches and leakages and 5,561,409 exposed records among Telco industry companies. These exposed records include attributes such as email addresses, passwords, phone numbers, addresses, and usernames connected to employee corporate credentials.“Our new findings highlight the prevalence of data breaches and leakages facing today’s remote workforce,” said Kailash Ambwani, the CEO of Constella Intelligence. “Unaddressed, this exposed data spells serious digital risk for global Telco companies undergoing increasing digitization and transitioning to remote, virtual workforces and operations.”The circulation of sensitive employee data grants threat actors access to execute a wide variety of cyberattacks, including impersonation, phishing, account takeover, and several others that can lead to more sophisticated attacks such as ransomware or coordinated disinformation campaigns.“The Telco sector is in a unique position due to its broad customer base and the desire for ubiquitous data access. As the world’s primary connector between people and information, Telco companies touch nearly everyone’s personal and account information at some point,” said John Masserini, a senior research analyst with TAG-Cyber. “A breach of just one Telco employee’s corporate credentials creates a vulnerability that can lead to a massive data breach affecting millions of customers worldwide.”

 

This report uncovers the widespread prevalence of breaches and exposures related to the corporate credentials of employees and executives in the Telco sector, detailing the serious risks emerging from exposed sensitive data that negatively impact customers, employees, executives, and brands.

Key Findings:

  • Constella detected over 5.6M exposed records from almost 5K breaches and data leakages pertaining to corporate credentials since 2018 across the world’s largest Telco companies. The number of exposed records skyrocketed in 2021, accounting for 57% of the 5.6M exposed records.
  • Exposure of Telco executives and their personal information is widespread – 43% of Telco executives have had their corporate credentials exposed in a breach or leakage since 2018.

Telco employees are likely incurring risk by using corporate credentials on non-essential sites like gaming, social media, and others. 13% of breaches occurred on third-party domains classified as “gaming.” Over two-thirds (67%) of the breaches and leakages identified include personally identifiable information (PII), and diverse attributes. Constella continuously monitors social media as well as the surface, deep and dark web for exposed corporate credentials and other PII with automatic alerts once a threat is detected to protect employees, executives, and companies from a targeted attack.

Download Mobile World Congress 2022 Exclusive Report: Telcos & Digital Identity Cyber Risks.

ABOUT CONSTELLA INTELLIGENCE

Constella Intelligence is a global leader in Digital Risk Protection, safeguarding millions of global users at some of the world’s largest organizations, including many of the largest global Telco companies. Our solutions are a unique combination of proprietary data, technology, and human expertise to anticipate, identify, and remediate targeted threats to your people, your brand and your assets at scale—powered by the most extensive breach and social data collection on the planet, from the surface, deep and dark web, with over 100B attributes and 66 billion curated identity records spanning 125 countries and 53 languages.

Executives and key employees like privileged IT personnel and HR are the new attack vector for cybercriminals as they have top-tier access to sensitive information which can lead to credential theft, account takeover, and a ransomware attack.

Try our Exposure Risk Tool to understand your level of risk and find out if you, your company, or your employees have been exposed – FREE.